Author Topic: Our Justice System  (Read 38436 times)

lostlinganer

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Re: Our Justice System
« Reply #60 on: May 09, 2009, 08:46:07 PM »
Well said!

Sleuth

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Re: Our Justice System
« Reply #61 on: June 03, 2009, 07:18:27 PM »
This came out two hours ago. I agree with the McLean family. People who have been found guilty should have no privacy rights. It always seems to me that the government either leans to far to the left or to far to the right. They don't know the meaning of 'middle of the road'. Maybe they will in my life time.


By Chinta Puxley, The Canadian Press

WINNIPEG - Lawyers for the family of a young man beheaded on a Greyhound bus are considering taking those determining the killer's fate to the Manitoba Court of Appeal.

Norman Boudreau and Jay Prober are criticizing the Criminal Code review board hearing for Vince Li. They allege the chairman is in a conflict of interest because his firm is representing Greyhound in pending civil lawsuits over the case.

They also argue the board has no right to withhold its ruling from the public to protect Li's privacy. Both lawyers say if the board doesn't make its entire ruling public, the family of victim Tim McLean will consider a challenge in Appeal Court.

Boudreau raised both concerns at the hearing held Monday, but board chair John Stefaniuk said the board was "disinclined" to grant him standing to pursue either issue and the matter was quickly dropped.

Boudreau alleges Stefaniuk is in a clear conflict, even though he is an environmental lawyer who isn't directly involved in the Greyhound lawsuit. As chairman, Stefaniuk would have "privileged information" about the Li case which could be shared within the firm, Boudreau said.

"Each and every individual lawyer in the firm is deemed to have the same knowledge," Boudreau said. "You cannot expect our clients to believe that there is this ... wall between the two lawyers within the firm."

"There is a legal maxim that says that justice must not only be done, it must appear to be done," Prober added. "In this case, from our client's perspective, the victim's perspective ... it doesn't appear to be done."

Li was found not criminally responsible for killing McLean in front of horrified passengers near Portage la Prairie, Man., last summer. A judge ruled in March that Li suffered from untreated schizophrenia and did not realize that killing the 22-year-old carnival worker was wrong.

The review board must decide whether Li should remain in a mental hospital, be given a conditional release or granted an absolute discharge. A ruling is expected later this week.

Stefaniuk said it would be inappropriate to comment on the conflict allegations. The concerns raised by the McLean family will be addressed "by the review board in its reasons for decision," he said in an email.

But those reasons aren't likely to be made public out of concern for Li's privacy rights.

"Once the reasons are issued, as with a decision of the courts, they will speak for themselves," Stefaniuk said.

The McLean family's defence lawyers did "not establish to the satisfaction of the board" that they deserved standing at the hearing, he added.

Those who had standing - Li's lawyers and the Crown - were asked if the chairman should excuse himself and "each confirmed to the board that there was no issue," Stefaniuk said.

Review board proceedings as they relate to Li have been dogged by controversy. Stefaniuk initially said the board couldn't release its ruling because that would violate Li's right to privacy as a patient. The board's decision would only be released to Li, the Crown and the hospital responsible for Li's care, he said.

After an outcry, Stefaniuk said the board was re-evaluating its legal advice and would probably release "basic information" about the decision, but not detailed reasons. The McLean family would also receive a copy of the board's decision, he conceded.

But that hasn't addressed the concerns of McLean's family, the defence lawyers said.

Greyhound is being sued by both the McLean family and bus passengers who claim the bus line didn't ensure passenger safety. Prober, who is representing the plaintiffs, says he will move for Stefaniuk's law firm to be removed from the case once the civil suit gets to court.

In the meantime, the family will fight to ensure all details of Li's fate are made public, as they are in provinces such as Ontario and British Columbia, Prober said.

"We don't want half the story. We want the whole story. In this situation, the interests of the victims and the public should trump the issues of the accused person."

capeheart

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Re: Our Justice System
« Reply #62 on: June 04, 2009, 03:49:47 PM »
Sleuth, I agree, I already commented on Li's thred, but what in the heck are we coddling and protecting these animals for. He had a mental problem, well why should he have an privacy. He chose to murder someone in cold blood, that even if Stephen King was to write a novel he wouldn't be able to come up with it. There should be absolutely nothing kept secret about this man, no privacy whatsoever. And he should be treated as a sex offender, if he is ever released his picture should be posted and he should be registered. Like I said, the person that ever releases this monster and signs the paper should have to have him come live with them. And I said on the site, I wonder how much sleep they would get at night. ??? ??? ??? ??? ??? ??? ???

Edsonmom

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Shwa

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Re: Our Justice System
« Reply #64 on: July 17, 2009, 05:31:06 AM »
Here's what I think.  Let's start with this news story about a local creep that was recently apprehended by police for yet another violent incident against a woman in his long "career" of incidents.

http://www.newsdurhamregion.com/news/crime/article/131049

I know that the CPC is going to introduce legislation to get rid of 2-4-1 time or dead time or whatever you want to call it.  Fair enough.

But that isn't really the problem - the problem is short sentencing time.  I feel that should this continue and should the trend keep marching towards even shorter sentences for violent crimes - esp. against women and children - that vigilante justice will become viable.

That is the last thing this society wants.

Chris

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Re: Our Justice System
« Reply #65 on: July 20, 2009, 10:11:31 PM »
Quote

Why doesn't anyone listen to this man.... he knows more then a judge would about this.

I agree with Shaw about these sentences. Violent people and sex offenders need to have stronger sentences. Let's clear space in jali by making petty offences served in other ways like 1 week in a work camp or something.

Randyman

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Re: Our Justice System
« Reply #66 on: July 30, 2009, 08:55:13 AM »
Thanks for the forum Chris!!!   Down here in the litigious States of America lol,,
our judicial system is far from perfect. We have released many pedos only to have them re-offend within weeks of their parole. We have had a few judges put multiple offenders on the street with (get this) probation.
   I think Maryland has it right. There is absolutely no evidence that these people can be rehabilitated. This should be the number one reason in favor of life in prison. There can be no doubt that the pedophile only escalates as time goes by. Eventually they will kill if not stopped.
   Actually, I am in favor of the death penalty for multiple offenders. Next to murder, child rape is, in my opinion, the worst crime committed against people.
And before anyone uses the word deterrent, I do not believe the death penalty is a deterrent, it is a penalty. I think the people who commit serial murders, mass murders, spree killings, and pedophilia are not just candidates for the DP, but are winners of first prize and should not be allowed to appeal their case for 20 years looking for a typo to release them. Russia gives these types a trial and if found guilty they are immediately taken out and shot. At least they have that right.
Thanks again Chris................Randyman

Chris

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Re: Our Justice System
« Reply #67 on: July 31, 2009, 04:17:41 PM »
Hey randyman, thanks for joining! It is my pleasure.

solvy

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Re: Our Justice System
« Reply #68 on: October 24, 2009, 11:35:55 PM »
Just a little more of the same old thing!!!  They can't even keep their own house in order, how can we expect them to clean up murders & missing people cases?

    
   
Peter Lepine was sworn in as West Vancouver's new police chief Saturday. Oct. 24, 2009. (CTV)

Peter Lepine was sworn in as West Vancouver's new police chief Saturday. Oct. 24, 2009. (CTV)
New West Vancouver police chief sworn in

Updated: Sat Oct. 24 2009 18:10:38

ctvbc.ca

Peter Lepine, a 30-year veteran with the RCMP, was sworn in Saturday as the chief constable of the West Vancouver Police Department.

He's the district's third police chief in three years.

In a speech following his swearing in, Lepine said not all public safety issues are policing issues and vowed to work with community, corporate and volunteer organizations.

He told officers that he would not stand in their way if they had new ideas.

"As Mahatma Ghandi would often say, 'There go my people. I must follow them, for I am their leader.' As your chief, there are times when I need to stand clear out of your way so that you can have the freedom to try new ideas that potentially could be the next big strategy," he said.

Mayor Pamela Goldsmith-Jones praised Lepine's dedication to reaching out to the community and approach to policing.

"He doesn't believe every problem is a policing problem," she said.

Department troubles

Lepine is taking over a department that has, at times, been dogged by controversy.

In 2006, Scott Armstrong was fired as chief after admitting that officers held drinking parties at the station.

Const. Lisa Alford was convicted of impaired driving after one get-together.

Sgt. Doug Bruce and Insp. Bob Fontaine were accused of mishandling the internal investigation into Alford's case. The two took medical leave.

Their disciplinary hearings were cancelled after they retired in 2008.

Bruce and Fontaine complained that they were unfairly targeted by then-Chief Kash Heed, who was hired to clean up the department. Heed is now B.C.'s solicitor general.

Lepine told CTV News Saturday that incidents like these are not unique to West Vancouver and exist in other departments, too.

"I think my philosophy is to put the past in the past, to focus on the future," he said.

But the trouble doesn't seem to be over.

B.C.'s police complaint commissioner is investigating Const. Mike Bruce. He's accused of forging a signature on a photo lineup during a robbery investigation.

Earlier this year, one officer was suspended for three days after he failed to attend a noise complaint at a Future Shop and then wrote a false report.

The officer lied when confronted about it. He later confessed when his police cruiser's Global Positioning System was analyzed.

"I will treat every case on its own merits, and I'll get the counsel of those who have experience in those areas to help me deal with any matters if they should happen like that in the future," Lepine said.

Lepine was raised in Quebec and joined the RCMP in 1980.

He has served on both coasts and was most recently commander of the Coquitlam detachment of the RCMP.

His wife, Lori, is a 17-year veteran of the RCMP.

With a report from CTV British Columbia's Lisa Rossington

   
   

jellybean

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Re: Our Justice System
« Reply #69 on: August 26, 2010, 05:59:18 PM »
One day I will sit down at my computer, and bring up the injustices done.  It is enough to make your hair curl. Even most recent decisions by all of the courts. These are for horrendous crimes, 5 years, 6 years, oh but we have time served, so even less than that. Who says murder, raping, etc. doesn't pay?

MABOU

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Re: Our Justice System
« Reply #70 on: February 27, 2011, 01:22:40 AM »
I hope this is the right form to ask this question? I was wanting to know if someone was convicted of 1st degree murder and sentenced to life with no chance of parole for 25 years in 1997 when would he qualify for p-arole?? the murder took place in Hamilton, Ontario in 1995 so  he was in custody approx.2 yrs before conviction. Also this was his 1st charge and he was i think 24 yrs old. Iheard prison years are calculated differently, is this so?? anyone know??????

Concerned

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Re: Our Justice System
« Reply #71 on: February 27, 2011, 07:34:01 AM »
MABOU, in general a first degree murder offense carries a mandatory sentence of  "life imprisonment" with a parole ineligibility period of 25 years, but where the offender has been convicted of a single murder, they may have their parole ineligibility period reduced to no less than 15 years under the "Faint Hope Clause."  There is no guarantee, though, that the National Parole Board will grant the reduction, as they need to determine if an offender still poses a risk to society.

"Life imprisonment" does not really mean "life" as we would think.  Perhaps it should be renamed to just "imprisonment of 25 years, with lots of chances to get out early" sentence.  As parole sometimes means review every two years after eligibility of parole comes into effect. This is highly reliant on the family reliving the horrible situation every two years to try to keep the person in prison for the full sentence. Sometimes, in my opinion, the sentence is harder on the family giving all the hope to the perpetrator through the years, and all the grief, reliving the grief, and perpetual fear to the victim and their family. I've often wondered why we have procedures that hurt the good and protect those that have done great harm. How that affects prevention. How that attracts criminal elements. How, in the end, that harms the ability to have safe communities.

I have found these resources helpful:

Faint Hope Clause:
http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=M1ARTM0011383
http://www.cbc.ca/news/background/crime/faint-hope.html

Criminal Code of Canada
http://everything2.com/title/Criminal%2520Code%2520of%2520Canada%2520-%2520Part%2520XXIII.3%2520Sentencing%2520continued


Though the government provides this on their site (admittedly, I have not found this too indepth): 

Life Sentences and Section 745.6 of the Criminal Code:
http://www.justice.gc.ca/eng/pi/pcvi-cpcv/guide/secm.html

Sentences:
http://www.justice.gc.ca/eng/pi/pcvi-cpcv/guide/seci.html#id_3

Parole:
http://www.justice.gc.ca/eng/pi/pcvi-cpcv/guide/secl.html#id_2

Couldn't find the Faint Hope Clause on their site.
« Last Edit: February 27, 2011, 07:36:01 AM by Concerned »

solvy

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Re: Our Justice System
« Reply #72 on: April 05, 2011, 11:12:13 PM »

jellybean

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Re: Our Justice System
« Reply #73 on: October 20, 2011, 02:34:22 PM »
http://www.edmontonjournal.com/news/Inmate+pass+takes+officer+hostage/5578276/story.html
What was this murderer doing being allowed out on day Pass to visit his parents?/jb

Inmate on day pass takes officer hostage

 By Clara Ho, Calgary Herald; Postmedia News October 20, 2011
An inmate serving time for the execution-style slaying of a nine year-old boy

MABOU

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Re: Our Justice System
« Reply #74 on: November 25, 2011, 07:38:59 AM »
I just realized upon reading this story about Fowler that this person has been in prison since he was 15!!! years old!!! I didn't think we gave life sentences to 15 year olds! I knew we bumped up 16 and 17 yr olds up to adult status for murder but not 15 yr olds. This kid had NO life but what he learned at the hands of criminals in prison so he probably is institutionalized and never wants to get out. I wouldn't doubt thats why he did this break away , to ensure he doesn't get out anytime soon.  If he ever got out what skills would he have to survive on the outside. I wouldn't want him released to my neighbourhood!