Monday, September 27, 2010

'Truth In Sentecing' Act Does No Favours for Poor and Aboriginal Peoples

An internal report submitted to cabinet in 2009 singled out Aboriginal, poor, and illiterate peoples as potentially being profoundly negatively affected by the implementation of Bill C-25. The so-called Truth in Sentencing Act, which came into effect in February of 2010, changed the policy on credit given for time served prior to sentencing. The Bill mandates that judges can only award equal credit for time served in custody while awaiting trial at conviction. The only exception to this is in special circumstances when they submit written reasons in an attempt to have 1.5 pre-sentence time credited for an individual.

Canadian media have recently gained access to the July 2009 preliminary report conducted by Justice Canada through the Access to Information Act. The internal report cited that in 582 cases of people awaiting trial across Canada, those held in custody in Winnipeg and Whitehorse had to wait longer for their trial dates than in-custody accused in Vancouver and Toronto.

In my experience, in custody accused are waiting 3-6 months for a trial date in Vancouver. If they’re waiting longer in Winnipeg and Whitehorse, that’s a disgrace. All accused are presumed innocent, including those who are waiting for a trial.

It is never the well-heeled that are disadvantaged by this kind of legislation. The Tories are putting the publicity value of being “tough on crime” in front of the rights of individuals, again.

Monday, September 13, 2010

Attorney General of BC Announces Public Inquiry Into Police Investigation of Robert Pickton

On Thursday, September 9, 2010 the Attorney General of B.C., Mike de Jong, announced a public inquiry into the police investigation of Robert Pickton. The inquiry will focus on examining how the police handled reports that women were disappearing from the Downtown Eastside and taken to Pickton’s farm outside of Port Conquitlam, B.C.

In 2007 Pickton was convicted of six charges of second-degree murder in the deaths of six women, which occurred between the late 1990s and 2002. He was accused in twenty other charges, but the Crown chose only to proceed on the charges that would most likely lead to conviction.

The Crown and Vancouver Police Department suspected as early as 1997 that Pickton was involved in the disappearance and deaths of sex trade workers from Vancouver’s Downtown Eastside. Although the V.P.D. has admitted that they made mistake during the investigation they also directed blame at the R.C.M.P., which has jurisdiction over the area that Pickton’s farm is located. The R.C.M.P has not responded to these allegations.

The Public Inquiry Act governs public inquiries in B.C. The government is not obliged to act on any of the recommendations that result from the public inquiry. Both the Vancouver Police Department and the R.C.M.P. have responded positively in support of the inquiry.

Mr. de Jong has not indicated who will head the inquiry or when the inquiry will begin.