I get it. I understand it. I sympathize with all those castigating the RCMP and City police for the horrendous screwups and cases of bad judgement that have captured the headlines, the editorials and the talk shows throughout B.C.
With a dozen terrible screwups over the past two years … the news coverage and commentaries about the cops, and their management, are well deserved.
But let’s not be diverted away from the real culprits in our justice system or the REAL problem that is making ALL of us more vulnerable as crime victims and forcing us ALL to pay a price, in terms of security, anxiety and financially: B.C.’s provincial court judges.
Their failings day after day do a whole lot more harm to our citizenry and our society than all the police failings combined.
In B.C. thieves basically walk free: courts are only an occasional inconvenience; and even if they don’t show up for their court dates and are picked up again by the cops and brought back into court, they are incredibly often still released with only a wag of the judicial finger .
Of course, when they are eventually tried and found guilty … they just get released, put on probation or conditional release for the upteenth time or if sentenced to jail, they MOST OFTEN get little more than a few months … and are out in even less.
The victims of their crime sprees often go through worse than they do as a result of their offences. (The thieves’ lives are invariably more miserable ..but even there, the judges and their revolving-door philosophy make it impossible for them to get any real treatment.)
Take a look at the latest list of Top Ten car thiefs … once more being sought with arrest warrants by police:
Number One: Corey Ballod was CONVICTED four times in 19 months. What the hell was he doing OUT??? Now he’s wanted again.
Number Two: Jamie Crosson “was recently released by the courts into the care of a recovery house” … and promptly left. Thanks to a B.C. judge, all the police work to arrest him wasted ; all the Crown prosecutor’s high paid legal work to prosecute him … gone; all the legal aid he received … rewarded by flight. I wonder what he’s doing now!
Number 3: Jason Chysyk .. described as “a very active car thief” was given an 18-month conditional sentence (another tap on the wrist!) and breached it WITHIN TWO WEEKS. Thanks, Your Honour.
It goes on and on … MULTIPLE REPEAT OFFENDERS are causing millions of dollars in ICBC and home and business claims, not to mention the incredible anxiety, time and money losses their victims suffer … but the perpetrators are released time and time again by B.C. Judges to wreak havoc on us all again and again… sometimes only hours after being let go.
Protecting the public has all but been totally abandoned by B.C. judges when it comes to property crime.
And let’s face it, these freebies for criminals also do NOTHING to ensure they will get any real long-term treatment they may require.
Nor are the judges doing any better with major criminals and major crime.
It’s hard to believe five years have already passed since I did my five-part series for Global TV entitled Contempt for Court. I outlined the growing disdain the public has for the justice system and B.C. judges in particular.
As part of the series, which won a Webster Award for Excellence in Legal Journalism. three judges, including Chief Provincial Court Judge Carole Baird broke precedent and sat down, right in a courtroom, for a lengthy no-holds-barred interview. They all acknowledged the problems and vowed things would change.
I submit nothing much has changed.
Where was the justice when thec driver who crashed his pickup into a Maple Ridge restaurant killing two people and severely injuring seven others was allowed off without even a slap on the wrist???
Brian Irving was found “not criminally responsible” because of his mental state. Okay, I get that. BUT THEN, after a relatively short stay in hospital, the media reported “The BC Review Board decided to release Irving AGAINST THE RECOMMENDATIONS OF A Psychiatrist”.
Where’s the justice or the protection of the public in that?
Then there was the case of police getting a call about two suspicious men sitting in a car … possibly selling drugs. When they arrived to check things out, one of the men fled, but left his jacket in the car. Police found TWO LOADED GUNS in his pockets. But after the suspect was arrested and charged, the Court ruled HIS rights had been violated by an “unreasonable” search .. and let him walk free. I wonder if he’ll file a complaint for return of his guns and ammo?
Then there just recently the teenager who was acquitted of two charges of stabbing two other youths “nearly gutting” one .. not because he didn”t do it, but the judge ruled he was acting in “self defence”. True, there was a “pre-arranged” brawl over a girl .. but the victims had only fists: the one charged had brought a hidden kinfe …and used it , collapsing one boy’s lung and requiring reconstruction of his intestines.
That, in B.C. is sefl defence!!!
Try it anywhere else: we have all seen cases of people defending themselves or their property elsewhere being found guilty for excessive force by harming the thief or robber. But In B.C. almost gutting someone is o.k.!
It goes on and on.
B.C. judges say they are merely applying the law and sentencing guidelines set down by Ottawa. But isn’t it interesting that this disdain for the courts doesn’t show up in other provinces. From everything I’ve seen/read, that’s because judges elsewhere DO hand out stiffer sentences, especially for multiple repeat offenders.
So while we rightfully express our concerns about errant polce … don’t forget they are but the few… probably less than one per cent of Canada’s police officers.
Our real outrage should remain focussed on our judges in B.C. , where the injustice inflicted on the public is much more widespread and damaging.
Harv Oberfeld
16 responses so far ↓
1 Gary L. // Jan 30, 2010 at 12:31 am
Excellent piece Harvey! After reading it, I no longer required my sweater to warm me up!
Just as a footnote, Professor Neil Boyd, of SFU fame, and has (in the wrier’s view..h.o.) view) never met a criminal he didn’t like, stated in the MSM the other day, that the reason that the Public at large harbour distain for the Courts, is because we are an uneducated lot, and simply don’t understand!
I would suggest that you “understand” perfectly Harvey, as do I, as do a million or so other folks in this Province.
Against all odds I might add, as none of us, excluding the aforementioned Professor are one of the Chosen Ones.
(Response: I know and respect Neil Boyd, and I do understand the view expressed by many in the criminal “industry” that many of those repeatedly arrested have deep issues that jail doesn’t solve. But where I think we differ is that I believe justice should not primarily “serve” the needs of the guilty … but also protect society and serve those they steal from/take advantage of and, in the case of violent crime, their victims and their familes/friends who sometimes suffer greatly. h.o.)
2 Crankypants // Jan 30, 2010 at 8:48 am
Harvey, you are partially right on this one. The judiciary just plain sucks in BC. They have all touch with reality. They assume that just because the hold the title of judge and decree a ruling such as a restraining order or suspension of certain rights, they will be heeded. These may work for the odd normally law abiding person who did a no-no, but for the majority of offenders these slaps on the wrist are just a green light to tend to business as usual. Could it be that the legal system should be broken down into two types, lawyers and judges. The fact that our judges are former lawyers may hamper the logic portion of their brains.
The police have been their own worst enemy. They have been caught in more mistruths than our politicians, and that is a phenominal achievement considering the competition. Yes they may be tired of arresting and re-arresting the same batch of miscreants, but the situations that have hit the newswires these last few years did not involve these types of people. It seems to me that too many of them have gone rogue for whatever reason, and it will be up to the higher ups to rectify this situation.
There is a wild card in our justice system that may be partially responsible for some of unrest displayed by the police. That is Crown Counsel. They choose whether to prosecute or not theoretically based on what evidence the police bring forward. How are we to know if the police are getting the support they should be from this layer of our judicial system? They only answer to the government and that can be a scary situation.
Our whole judicial system seems to lend itself to possible abuses, and this does not fill the citizenry of this province with a whole lot of confidence.
(Response: I would say you are only partially right.
I disagree with your assertion that police “have been caught in more mistruths than our politicians.”. Simply not true. In my experience, almost all politicians lie or fudge the truth or say one thing in opposition, the opposite in power. If you analyse the numbers of police in Canada, I’d bet the number of police found to be lying, covering up, abusing their roles and powers is actually a very small percentage of the total. Readers of this blog will know how I have denounced those who have violated our trust … but all the factual evidence indicates we have mostly very professional police officers across Canada, doing their best in some very trying circumstances ..not the least of which invovle the courts.
The Crown Counsel setup does contain many flaws: subjective decisions based on all kinds of irrelevant data … including costs and resources … sometimes over the law and justice.
But even then, cases that do get to court, too often fall victim in B.C. , from my point of view, to judges who err far too often in favour of the accused.
There’s a case in the paper today where a guy was totally acquitted after he beat a guy to death.while family members held others back from stopping him. He was charged with murder .. but the judge threw that out. Not even manslaughter; not even assault; no excessive force? The judge ruled it self-defence. Beating someone TO DEATH is self defence now in B.C. Disgraceful! But par for the course in B.C.’s inept injustice system h.o.)
3 W // Jan 30, 2010 at 11:27 pm
I totally agree with you on this. I’ve always felt that judges should have the power to be flexible in their sentences to give the benefit of the doubt to first time offenders, and people who can be rehabilitated. But when someone commits their nth offense or a capital crime, we need the judges to be tough so that we as a society be “protected” from the criminals. I sometimes think that judges sitting on their “throne” in the court are trying to make social policy.
If we cannot elect judges how can we hold them accountable for their rulings?
Keep up the good work on the blog!
(Response: I don’t like the idea of electing judges: they do that in the U.S. and the results are often “hanging” judges who go overboard the other way … more to please the voters than administer justice. I have some concerns also with mandatory sentencing …but our judges have so ridiculously gone to the extreme the other way … I think I would support some sort of mandatory minimums for multiple repeaters, esp if they can get effective drug etc treatment while incarcerated. The current system in B.C. is a joke and a disgrace. h.o. )
4 Crankypants // Jan 31, 2010 at 9:48 am
I know that I exaggerated the truthfulness factor of the police when compared to politicians. It was more to make a point that the men in blue and their superiors are prone to fabricate information rather than admit things may have gone awry in a certain situation.
I can understand that a police officer that does something illegal, with respect to the criminal code, has the right to not incriminate him/herself, but where is it written that said officer’s superiors must fabricate information to support their people. Are they not just aiding and abetting a criminal act, which in itself against the law. They may be buying the loyalty of the rank and file, but, in the process they are losing the confidence of the masses. We often hear of stories where many people from other countries distrust the police in the countries from which they come, and that may soon become a fact in Canada. I doubt it’s too late at present as there are still a lot of us who grew up with the feeling that the police are our protectors, but we won’t live forever and future generations may not share our views.
I agree that our judicial system leaves a lot to be desired, but the frontline of this system is the police and as such they are the first to hit the headlines. We are prone to make mistakes and the police, being human, are not exempt. Maybe it is time that they and their superiors come to realize this and try to deal with situations in the same way we are expected to deal with our screwups.
There is no doubt that the job of a police officer is one of the most difficult to jobs anyone can have. They have to deal with so many different situations with so many variables that it is mind-boggling. It’s as if they are placed into a movie without a script, and on occaision things can go off the rails. The problem is that if something goes wrong, they tend to resort to the cover-up mode rather than deal with the situation straight up. I suspect that the fear of lawsuits lead to this behaviour, but that is a shortsighted outlook. They need to be upfront and deal with controversial situations in an honest manner.
An honest approach to difficult situations will go a long way for our police to regain the high stature they once had. To continue in the vain they have lately will only undermine their effectiveness.
(Response: I agree there are police who cover their rears … or that of their buddies ..when something goes wrong. But that probably happens at every workplace. Of course, with the powers police have and the possible negative impact of any deceit, they are, and should be, held to a higher standard. I don’t think I could handle the stress or disappointment of watching B.C. judges time after time let criminals off ..even if they were caught with the stolen goods, massive quantites of drugs (even by the boatload!) or loaded guns in their possession etc. Or hand out sentences that lead even the guilty to break out into smiles/laughter. From everything I’ve read …these problems of joker judging do NOT occur in Alberta, Ontario or Quebec ..at least not as prevalently as in B.C. h.o)
5 Lynn // Jan 31, 2010 at 6:03 pm
I don’t much care for the system of electing judges either.
I often wonder if the symptoms of what the police are going through is because of frustration. They are valets. Pick and arrest only to see the little bastard released by an out of touch judge. I also wonder if the entrance requirements to become a cop are too relaxed.
It was tough to become a cop 20 or 30 years ago.
Cops were more approachable. Now they are far too aloof. In many cases they are seen as unprofessional. Taking up both sides of the road chit chatting. Holding up traffic. Why? Because they can. Standing beside their vehicles drinking a coffee while others are investigating a crime.
Judges out of touch with society’s will.
Polticians hiding.
Seems to me everyone has become lazy.
(Response: I have my own concerns with those police who lack the ethics/empathy that should go with the job. But I still believe most really try to protect us and help during some very difficult times. Most of us never have anything to do with the horrible, horrible evil marauding people they joust with daily. It must be very frustrating to see judges sometimes make convictions virtually impossible..even if the culprit it found in possession of loaded guns or right in the middle of a crime!!! And even those who miraculously are found guilty ..even of killing someone .. regularly get sentences that mock the law, justice, the police, the public, the victims and their families. h.o.)
6 BC Liberals Suck // Jan 31, 2010 at 7:26 pm
I think one of the main points that is often not well developed in all systems of justice is that there is little, or no oversight, transparency or accountability.
The bar was lowered in BC forever when our Premier did not resign when caught and convicted of drunk driving in another country. That set a new & dangerous precedent of what we, as a society, are willing to accept. Follow this up with a Solicitor General who had to resign his Cabinet post because his own Ministry stripped him of his drivers license and in re-electing him in the next election, the people of his community normalized his dangerous, deviant and illegal behaviour.
There were a number of BC Liberals who were subjects of RCMP investigations that ran in the last BC election. That lowers the bar of morality and expectations of accountability and we will not get that back. If it was okay for them, why isn’t it okay for the rest of us?
There is no effective oversight of the justice system. Take for example the province spending thousands in tax dollars taking it all the way to Supreme Court to shield their Crown prosecutors from appearing at Coroners Inquests into the subsequent deaths of individuals who were not protected because of decisions to release very dangerous people. Why should they be indemnified, shielded, keep their jobs when it is quite possible their decisions led to the deaths of others?
Harvey you also spoke about the BC Review Board. They make decisions all the time that go against medical advice of treatment teams and release people into the community that most of us should be very, very afraid are running around in the community. There is no oversight, nor accountability to these BC government appointees and their decisions which have the capacity to impact public safety & disorder.
If our government is so willing to promote and tolerate the lowering of the bar so much for their own members (and the public is willing to vote for people of such low moral quality), government, the courts, review boards and law enforcement are willing to indemnify and protect their own members from personal and professional accountability and responsibility to the public good why should Judges be any different?
There is an additional issue which has not been discussed and that is that when you work in a milieu where you are seeing countless bottom feeders (criminals etc.) day after day there is a normalization of behaviour. It is just bound to happen on the frontlines, whether you’re a cop, or a Judge. Life goes on, in comes the next dirt bag on another breach, in & out. Try supervising someone who is homeless and has no hope of getting any kind of help because it isn’t there.
Since we aren’t investing in giving kids and families what they need at the beginning of their lives to become healthy, decent human beings (Ie. solid, evidence- based public policies), should we just keep building more jails to lock up the ones who were throw-aways at birth. We have a lot of those people here in Beautiful BC.
I hear the waitlist to get into the Burnaby Centre is over 600. How about local detoxes, or residential treatment (if the town has one)? The BC government’s puppet CEO’s of the Health Authorities have cut addictions & mental health treatment. What do people think happens to these people? They are robbing you to feed their addictions and sometimes put a roof over their head for the night. I’d be an addict if I had to live on the street, most of us would. It is a miserable, painful existence to know that you do not matter to anyone.
Judges, jails, law enforcement, child welfare and the justice system inherit the wreckage of bad public policies and harm done to people. Don’t blame them for governments more focused on privatizing our resources & assets to the corporations who contribute the most to government and individual politicians coffers. We are getting what we paid for in BC and it is going to get a whole lot worse after the big party is over.
(Response: You raise some points that have given me a lot of pause for thought over the years: first …the Premier’s conviction: at first glance I thought he should resign, but then someone pointed out to me that many employers keep employees who are guilty of similar charges, as long as they seek help. In fact, I believe many union jobs would require that! Hmm. As for oversight over judges ..I guess the Appeal process is supposed to do that ..but I see it also as defective in B.C. I wouldn’t want the politicians to interferecon a case by case bassi ..but, as I said, I am now leaning to mandatory minimums for multiple repeat offenders. And if we have billions for the Olympics, we should be able to find the bucks for more programs to assist addicts, among other public needs. h.o.)
7 Toby Fourre // Jan 31, 2010 at 8:04 pm
Harvey, take a look at this Straight Goods article: http://powellriverpersuader.blogspot.com/2009/09/british-columbia-crime-story.html
“In the first Campbell term one of the first things Campbell did was close down 25 courthouses and 9 prisons, all this to save money, because as you know that in 2001 Campbell gave high end earners and big business $2 billion dollars in tax cuts, so what was the result of those cuts?”
I seem to remember orders to judges to cut back on incarceration. Are we blaming judges when we really should be blaming Campbell and crew?
8 StandUpforBC // Feb 1, 2010 at 1:21 am
Harvey, would you comment on, or do an article about, the curious media silence regarding ex-Privacy Commissioner Loukedelis’ defection to become Gordon Campbell’s lieutenant as Deputy Minister of the Attorney-General’s office? Mr. Loukedelis was finalizing a report on the government’s privacy/freedom of information system. Now, he will be in a position to refuse requests made to the government for information about government operations.
Meaningful investigative journalism lives and dies by the ability of reporters to get information. Yet, apart from wondering why Gordon Campbell hadn’t bothered to appoint an acting PC which left the office unable to act, the media has been virtually silent. The lack of any serious, sustained attention by the media to this subject is so disturbing. Our society is being hollowed out before our very eyes.
Regarding our “rights” to information, I would like to recommend this article that came out three weeks ago in the Kamloops Daily News (but not picked up at all by the majors).
http://www.kamloopsnews.ca/article/20100106/KAMLOOPS0101/301069970/court-order-bans-secret-video-forever
The article states how the Interior Health Authority was able to obtain a permanent ban on a video showing care facility staff abusing an elderly man. This ban is so draconian that no one is allowed to even describe the contents of the video! The man’s family was so harassed, and intimidated (by taxpayer funded lawyers) that they have left the province.
The reason given by the Health Authority for seeking the permanent ban was to protect staff privacy. Seriously. Apparently staff privacy trumps the safety and rights of an elderly person in care. Police, the Ministry of Health, Attorney-General, and the courts all looked the other way. A crime (supposedly of such a horrendous nature that no one should see it, or even have it described) was allowed to be committed.
This is the future we can look forward to in BC if we all just throw up our hands and say “Not my responsibility.” We in BC are doomed to become, and perhaps already are, a society of monsters, where police and health “care” facility staff abuse innocent parties with impunity, using their powers to engage in (literally) unspeakably awful acts.
But hey, let’s party on like there’s no tomorrow – and that’s just what we’ll get (if we’re lucky). If we’re unlucky we’ll be locked in a facility with staff who have their own ideas of partying.
(Response: The commissioner’s decision to take a high-ranking deputy minister’s position was his to make … and for whatever reason he decided to take it. I am much more concerned with the ethics and maybe the politics of offering it to him to hiring him at this critical time. Whatever was at work, I believe it sure set back the privacy commissioner’s work and reduced my respect for the office. Maybe there should be a law that prohibits the Privacy Commissioner (and other high level watchdogs) from being employed by the government for one year after they leave their office? h.o.)
9 D.G.B. // Feb 1, 2010 at 2:21 am
Our “justice system” is really not dispensing justice – it’s really a “legal system” that has become too “subjective” – a system where appointed judges don’t appear to look at the punishing aspect of of jail time and don’t want to cost their “appointers” big money to send most conscience-free psychopaths to long jail times. Keep in mind that most crimes are perpetrated by a very few – repeatedly in our society, and taking them off the streets for a set punishable time with no “time served”, or 2 for 1 will help to allieviate the crime stats. Whilst the United States go to the extreme on one side, we go to the extreme on the other – where’s the middle ground? We should adopt a similar 3 strikes law but with minimum sentences like 10 years with no parole for property crimes or non-lethal violent crimes – murder should be life.
(Response: Exactly! I often wonder if the reason so many judges coddle criminals is because they feel indebted to them! Most BC judges were defence counsel (not prosecutors) before becoming judges and made very handsome livings defending their “clients”. How many judges own westside million-dollar-plus homes or Whistler homes paid for by the proceeeds of defending criminals! They also, I believe, may have become quite insensitive to the gravity of all kinds of crimes committed, after spending so much time dealing with so many criminals. h.o.)
10 NDF // Feb 2, 2010 at 2:57 pm
yes the money was wasted on #2 but i know him and this kid has been screwed over so much in his life this is all he knows! his mom is an addict as well and she does not help the situation he has been in and out of foster care because of his useless mother, this kid was lead down the wrong path as a child by the people who should have been protecting him.. this is all he knows.. all i know is when he is in jail at least i know he is alive.. although you guys may not see that it matters and would rather him not just remember he is still a brother and son to someone and it doesnt matter what he does i will always love him i have no choice i may not talk to him or see him but i love him and trust me i wish he would change to
11 Dan // Feb 2, 2010 at 8:34 pm
Harvey,
Your last comment on the origin/background of judges is dead on!
Dan
12 Dan // Feb 2, 2010 at 8:37 pm
Dead on Harvey!
13 ssmilin // Feb 4, 2010 at 8:49 am
Right on Harvey!
I’m not much of a writer like some of the brilliant comments here,
but every time I read the paper I just can’t stand another
Hit and Run and WALK story
Nobody’s safe
14 BC Mary // Feb 5, 2010 at 3:58 am
NDF has sent us a grief-stricken cry for understanding … how much pain there is in those few words.
Isn’t there something meaningful we, as a society, can do except build more jails?
15 StandUpforBC // Feb 7, 2010 at 1:30 am
The Victoria Times-Colonist newspaper published a four-part in-depth investigative system into the BC court system. This might be what you have been calling for Harvey – the media to start taking a stand independent of the political rulers and the establishment.
http://www.timescolonist.com/news/Rules+cloak+some+most+serious+criminal+cases/2525515/story.html
The Vancouver Sun published one article out of the first day’s reports, and nothing further. It’s important reading and should have been reproduced across the province. The last of the series is being published in tomorrow’s paper.
Also, Les Leyne, the political columnist for the T-C editorial page had an excellent column today which he begins by saying the three journalists who produced the investigative series wondered if the public would care. Here’s the link to Les Leyne’s column:
http://www.timescolonist.com/news/Secrecy+threat+basic+justice+principle/2531921/story.html
I’d be interested in knowing what you think of the whole series Harvey – the journalism and things the articles reveal. Maybe you’d consider doing an article on the subject yourself?
(Response: Yes the rules make it difficult to get info … and far too often reporters just cover court like Hansard, doing very little in depth research on their own .. part of the do more with less reality of covering news. As far as doing my own series ..I did that in 2004 with my series Contempt For Court and won a Webster Award for it. As far as doing another one… now that I’m retired, my time now is devoted to enjoying recreation places/activities in the Lower Mainland I never could while working, travelling …. and blogging
h.o
16 M.R. // Feb 7, 2010 at 11:17 am
I am (edited for legal reasons..h.o.) a prolific car thief’s ex-wife. I was with him 15 years before he left me at the altar with a 4 year old little girl. He gave up his job selling cars ,making over 100000 a yr to become a thief walking out on his little girl and me over a drug addiction. He now owes me $40,000 in back child support and the courts just keep letting him go. He’ll steal from anyone. My mom’s wedding rings and his own daughter’s Christmas money. I have records of his arrest last year in which there were 40 charges and one included assault of a police officer because he dragged a cop and the cop dog from a car. I thought he was going to get years but with those 40 charges he got one day here and there which totalled 6 months in custody before they released him. Within 7 days of that release he was charged with theft over 5,000 and a few more serious charges . I thought he’d have to finish the first sentence now but I was wrong again they let him go after a couple months with a promise and guess what…….. (he) broke his promise again .
I actually phoned the prosectutor to see what they were thinking letting the bastard out. I have a file about 4 feet wide with all the reasons (he) should be in jail forever.
I even talked to FMEP but they won’t do a thing because they can’t locate him and won’t do anything once he’s in jail. I told them that even if he made 10 dollars a day in there that its only fair his daughter gets something. He just con’s every judge on the bench. Car salesman all the way. It is more lucrative to be a bloody criminal these days seeing as how there is virtually no penalty for any crime.
I think its time for a revolution! Our police force is as corrupt as it gets and the politicians are the same thing. Its time for a revolt against all that this country has come to.
(Response: Your comment speaks more eloquently than I ever could about the realities of the current “injustice” system Why do they think they are helping? Certainly not the perpetrator, who clearly needs a lot of long-term help that he just might get if locked up for a decent period; certainly not all his vicitims; and not society, which is simply n longer effectively protected. The current system, in too many cases, serves aslmost no one ..but the legal system …esp the judges and lawyers who profit enormously from the revolving doors they spin every day. h.o.)
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