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.
Canadian Justice Canadians often favourably compare Canadian justice to American justice. Supporters claim our judicial system, controlled by the federal government, is fairer and more enlightened than that of our American neighbours with their judicial system controlled by the individual states in most matters. Besides, many states retain (horror of horrors!) the death penalty for first degree murder, and one even has death by firing squad ? shades of the old west! In Florida, the slogan is "use a gun and you're done." If a criminal commits a crime with a firearm, it is an automatic 10 years in the slammer and more if anyone is injured. In Canada if the gun was registered and stolen, the innocent owner could be charged under Canada's "enlightened" new gun law. More and more critics of Canadian justice are complaining that the system is too lenient, that it favors the criminals, and is often a slap on the wrist for even serious crimes. Four years ago, the Ontario Chief Justice complained in a speech that the media was giving opinionated views of court cases rather than responsibly reporting the proceedings, thus endangering the accused's "innocent until proven guilty" as guaranteed in the Charter of Rights and Liberties. No one paid attention, but recently some "Charter Lovers" claim the situation is even worse today as the media sensationalizes high profile cases, demonizing suspects and even dredging up the sordid and criminal past of many accused. As well, the police are accused of bias against the suspects, and the press conference called by the Peel police chief in the Celia Zang case is cited. Chief Catney called the suspect "a despicable murderer" and other prejudicial things, long before his trial. The same critics cite the Paul Bernardo judicial reporting a number of years before, as highly prejudicial and not stopped by the presiding judge who was none other than the same Ontario chief justice, Patrick Lesage. They also sniff that we are becoming more and more "American" in our crime and court reporting and despair that there is no one to protect the civil liberties of a Paul Bernardo. One Canadian Supreme Court judge claims: "The more heinous the crime, the more vigilant we have to be to protect an accused's civil liberties." Many who do not believe this "ivory tower" pomposity, feel that murderers like Paul Bernardo and Danny Sand (who murdered an RCMP officer) receive far more leniency than they deserve, and are defended at great cost to the Canadian taxpayer. Some feel that American style justice should be applied to the likes of such criminals or even Iranian justice. What's Iranian justice? In July, the case of the tragic death of Iranian-Canadian photojournalist Zahra Kazemi who died in an Iranian prison last year hit the Canadian media again as her accused killer was acquitted in a closed trial in Iran. Newly appointed foreign minister Pierre Pettigrew and Defence Minister Bill Graham expressed outrage at the closed-door trial, but could do nothing. Her son Stephan Hachemi expressed outrage at the weak inaction of the Canadian government and demanded that the Canadian embassy in Iran be closed, the issue be taken to the International Court of Justice, and pressure be placed on Iran to provide justice for the family. He was backed by Conservative critic Stockwell Day who rightly noted that rogue regimes like Iran "misinterpret diplomacy for weakness" and demanded the ministers take the issue to the U.N. None of this will have any effect. Why? Because Iran is a rogue state, in George Bush's words, "one of the axis of evil." The country is controlled by religious fanatics in the clergy and courts and even the moderate elected government has little say or control. Besides, Canada has little/no clout in the eyes of Iran. With a military underfunded and under equipped by years of Liberal neglect, Canada is no threat to anyone except maybe Iceland or Luxembourg. Iran understands only power. If the USA's Colin Powell had spoken the reaction would be much different. If Kazemi had been an American, would the accused have been acquitted? Another example of Canadian justice (or injustice) is the strange case of Monique Turenne. Remember her? An airforce wife of Canadian Major David Turenne from Winnipeg, she escaped back to Winnipeg after her husband was beaten to death in Panama City, Florida where he was assigned with the U.S. airforce. A U.S. sergeant, Ralph Compton was convicted in the 1996 slaying, but claimed Monique and he were lovers, and did the deed together. Florida prosecutors asked for her extradition and have charged her with first degree murder. Turenne proclaims her innocence, wants to be tried in Winnipeg (only for manslaughter) and has an impressive pair of first-rate lawyers. She was ordered extradited by a Manitoba court in 1999, but nothing was done until 2003 when Canada's justice minister finally signed the order. Appealed again, the Manitoba Court of Appeal in July unanimously rejected her appeal saying: "The appellant's argument? remains without merit." Turenne's high priced legal aid lawyers are now asking the Supreme Court to hear her case. This is unlikely as the decision was unanimous, and it looks like she will be facing American justice. This has been going on for eight years with the taxpayers paying the costs. So much for Canadian justice! Another interesting case, mentioned to "the corner" by a Saskatchewan police officer was the case of a Jamaican drug dealer, hiding out in that province with his pregnant wife. Arrested by the RCMP, he was placed on bail against police advice by a judge who said, "he would not desert his pregnant wife." He was electronically monitored, and the judge was right ? he stayed at home ? until the baby was born, and then he disappeared. He is still at large. Canadian justice?
