The Reminder is making its archives back to 2003 available on our website. Please note that, due to technical limitations, archive articles are presented without the usual formatting.
Criminal Injustice CanadaÕs criminal justice system is often referred to as the criminal injustice system. Many citizens blame the judicial system for giving unreal sentences to murderers, drug traffickers and of course young car thieves. An example is the gang of lowlifes who spent all day drinking in WinnipegÕs Maryland Hotel then stomped to death a hardworking native gentleman who was passing by with his wife. The gang received jail terms that varied from a few months to a few years for a crime for which they would have been executed in many U.S. states. A Manitoba case settled last October has enraged many. It was the 2005 case of a police officer who came off a night of partying and ran into a mother of three going to work. The police investigation, the plea bargain that resulted in a two-year conditional sentence, and the lack of punishment for refusing a breathalyzer test caused the dead womanÕs family and many others to call for change. ManitobaÕs no-fault insurance system saw the victimÕs family receive nearly a quarter-million dollars in compensation but none from the perpetrator, plus they are unable to sue him. A recent report said they are going to sue the drinkerÕs hosts and the police department. Many critics would like to see an end to the loopholes in the justice system and have judges make the punishment fit the crime. They point to Florida, which gives automatic jail time for committing a crime with a firearm. The Harper government agrees with this approach but has a tough time with the Liberal opposition, plus the NDP and Bloc, who continuously fantasize about rehabilitating criminals instead of punishing them. Late last year the Conservatives announced they will no longer automatically intervene to try and save Canadians on death row as long as they were given a fair trial in a democracy. Sensing an issue that might give them public approval, Stephane Dion and Jack Layton seized on the case of Canadian double murderer Ronald Smith, who has been on MontanaÕs death row since 1983. The men sent letters to the governor saying the vast majority of Canadians oppose the death penalty and asked that SmithÕs sentence be commuted. One would wonder where they got their information. They were ignored by the Montana governor, as they should have been, for this was not a case that would tug on CanadiansÕ emotions. SmithÕs case was featured on a CBC program, which interviewed the death row convict. In 1982 Smith shot two Native Americans Òto see what it would feel like.Ó Quickly arrested, he confessed and asked the judge to sentence him to death rather than life in jail. Later he changed his mind and filed appeal after appeal, avoiding lethal injection for 25 years. With his most recent appeal rejected, the State will set a new date for his execution. Smith said he is a changed man, was fuelled by drugs and alcohol, and wants to come home to Canada. If this happened, would he be released and freed because he has spent 25 years in prison? In any case, Montana is not going to send him home. The families of the two murder victims are unforgiving and awaiting SmithÕs punishment, which could happen anytime. Former Liberal justice minister Irwin Cotler argues there is no appeal from capital punishment and that there is a long list of wrongly convicted Canadians who were eventually released. He has a point, but the list is not very long and one may ask about mass murderers such as Paul Bernardo and the Canadian pig farmer recently convicted for butchering over a dozen women. Would Canadians rather have seen them executed? Prime Minister Stephen Harper and Justice Minister Rob Nicholson are firm on the new policy. They are not interested in repatriating mass murderers back to Canada. Nicholson added that he is not advocating the return of the death penalty in Canada and will deal with each case individually. RogerÕs Right Corner runs Wednesdays.
