The CAVEAT - September 1992

Inquest into the Death of Jonathan Yeo: A Personal Perspective.

On August 9, 1991, my daughter Nina, did not return home. I had last seen her that evening when she ran into the house to fetch some pants that needed tailoring. She was to go from the tailor to the racquet club to play tennis with her father. 'Bye, Mom,' she called as she ran out the door. That was the last time I saw her.

After Nina's body was found, and Jonathan Yeo was identified as the main suspect in her murder, questions emerged about his release on bail. Barbara Krever, a representative of the Attorney-General, was quoted in the press on Aug. 23 as saying: 'A lawyer for the Crown did everything humanly and legally possible to make sure Jonathan Yeo was prohibited from possessing a weapon when granted bail June 7.'

A reading of the transcript of the bail hearing made this statement not only appear ill-informed but also patently untrue. When similar statements were publicly endorsed on radio by Attorney-General Howard Hampton himself on Sept. 18, it became clear there would be no voluntary investigation into the bail hearing by his office.

Until this time, my family had been wrestling with personal loss and grief, but it had become apparent that a larger question was at stake--protection of the public. In Ontario, as in other provinces, justice is administered by government departments, and it is extremely difficult for the public to question the decisions made. That is why we decided to petiton the Federal Government for changes to the Criminal Code, the Bail Reform Act and the Parole Act.

When we learned there would be a coroner's inquest, my husband and I discussed the possibilities of legal representation, but because the fees quoted were so high and we had sustained a significant economic loss after Nina's death, we decided I would ask for standing at the inquest.

I knew I could not fill a legal function but with the clarity that comes from experiencing the hell of violent crime, I realized that all too often the victim is forgotten in the courtroom. The victim has no face. Here we were investigating the death of the killer. I did not want the jury to forget for one minute that Karen Marquis and Nina de Villiers were also part of the equation.

However, after five weeks of acting as counsel for my family, I decided that I needed expert counsel. Twelve skilled lawyers were representing the various individuals and departments involved, and someone equally knowledgeable was needed to cross-examine on Nina's and Karen's behalf, and by extension on behalf of society in general.

In the end it became clear that through their exhaustive work, Chief Coroner Dr. James Young, inquest counsel Ted Minden, and Inspector Jack Goodlett of the Ontario Provincial Police, had done everything possible to hold a sweeping investigation of the administration of Justice in Ontario. The 137 recommendations of the jury are spelled out in clear, simple terms and will not require a major restructuring of justice in Ontario.

However, there is a public perception that inquests are a cosmetic exercise and that their recommendations are all too frequently ignored. I too have shared this view. There is no legal obligation to respond to coroners juries' recommendations. It is time the Coroner's Act is given some "teeth ", to quote my lawyer, Mark Sandler. This inquest has cost an enormous amount of time, commitment, sacrifice, and above all, taxpayer's money. It would be a travesty if the recommendations were not considered and acted on with the same level of commitment.

Dr. Young, in his summation, discussed the three steps in solving a problem: Identifying it, suggesting possible solutions and implementing them. My fondest hope is that the jury's recommendations be addressed quickly, and that we, the public, be informed about their implementation or, when not possible, the reasons why. A free and frank opening of the process is essential if we are to regain trust in the justice system.

For four months I looked at the coroner's motto in the courtroom at 50 Main Street East in Hamilton: 'From the death of one we may learn to help lengthen the lives of many.' That says it all.

What CAVEAT Is All About.

On August 9, 1991, 19-year-old Nina de Villiers disappeared in Burlington, Ontario. Nine days later, her body was found in a marsh near Napanee, Ont. She had been murdered, shot in the back of the head. Two days after killing Nina, the man responsible, Jonathan Yeo, of Caistor Centre, Ont., murdered Karen Marquis, 29, of Moncton, New Brunswick, in a similar fashion. Not long after that, he fatally shot himself during a police chase.

Three months before the killings, Yeo was charged in Hamilton with sexual assault, forcible confinement and uttering death threats after threatening a woman with a gun and knife. Soon after his arrest, he was released on $3,000 bail with no firearm restrictions, despite the fact that he had allegedly used a gun and a knife during the assault.

On the evening of Nina's murder, Jonathan Yeo was detained by U.S. immigration officials in Niagara Falls as he attempted to cross the border into the U.S. He claimed to be heading to Florida, even though a condition of his bail required him to be home by 10 p.m. each evening. In his car he had live ammunition and a .22 calibre rifle, the subsequent murder weapon of the two women. Although a U.S. customs and immigration official notified Niagara Regional Police and the Hamilton-Wentworth Police, neither force decided to arrest Yeo--and so he was released.


How CAVEAT Began

The tragic murders that followed let to an outpouring of emotion from friends and strangers alike. Overwhelming all the messages received, was the fear that the public is not protected by the justice system and that victims an their families no longer count.

As a result, the de Villiers family, along with friends and supporters, launched a petition to give Canadians a means of voicing this concern. To date, more that 600,000 signatures have been collected and the numbers are still climbing. More than 30 M.P's have been reading the petition into the record of the House of Commons.

By January, 1992 it appeared that a more formal voice was needed, and so CAVEAT came into being, with Priscilla de Villiers, Nina's mother, as Executive Director. Now incorporated as a not-for-profit entity, CAVEAT is composed of a group of citizens who are advocates for a more accountable justice system--one in which the safety of the public is of the utmost importance.

We are concerned that our message be seen as a search for justice, not revenge. Protection of the public should be paramount. Accountability is the key. The law enforcement, justice and legal systems must be accountable to society. Society must be accountalbe for its attitude to violence. The offenders must be accountable for his or her own actions.


What CAVEAT Is Doing

We have launched an educational and public awareness campaign to spread our message. More than 300 people attended our first public forum on the Canadian justice system, held in Burlington in early February. Moderated by CAVEAT chairman Dorothy Leonard, the event featured a distinguished panel of speakers, Dr. Robert Horner, Chairman of the standing Committee on Justice and the Solicitor General of the House of Commons; M.P. Derek Lee, a member of the Justice Committee; Scott Newark, a crown attorney from Alberta who is a pioneer in justice reform; Jim Kingston, C.E.O. of the Canadian Police Association, and CAVEAT Executive Director Priscilla de Villiers.

From this meeting came an invitation from Dr. Horner for CAVEAT to appear before the House of Commons Justice Committee to present our views on Bill C-36, new legislation to replace the existing Penitentiary Act and Parole Act. CAVEAT has also been invited to address the Justice Committee again when it considers new legislation on sentencing. In addition, we are also working toward a bill of victim's rights. At the moment, victims appear to be forgotten within the justice system.

Since CAVEAT's founding, our activities have included numerous media appearances and at least 60 speaking engagements to high school students, women's groups, professional associations, church groups and Rotary clubs. Over the past spring and summer, Priscilla de Villiers, representing her daughter, had standing at a lengthy inquest into the death of Jonathan Yeo, and CAVEAT members were in attendance daily.

In mid-September, CAVEAT will hold a public forum on violence in St. Catharines, a community still in shock over the tragic abduction and murder of 15-year-old Kristen French last spring. Additional speaking engagements this fall will take us to Sudbury and Calgary.

As CAVEAT grows, we see our goals becoming more clearly defined: we see a need for legislative change and for education, both, for the general public and in the schools. Violence must become as unacceptable as drinking and driving is now.

The problem of violence in our society is still at a stage where we can arrest it, but we have to act swiftly and judiciously before it is too late. It is we, society as a whole, who cannot sit back any longer and complain about what is happening. We are all accountable. We must take responsibility for actively working for change and for the protection of all members of our society, both on the streets and in the home.

The New Sentencing Bill.

Bill C-90, 'an Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof' was introduced for first reading in the House of Commons on June 23 of this year.

The objective of the bill, generally referred to as the 'sentencing bill,' is to reorganize and update existing sentencing provisions now largely contained in Part XXIII of the Criminal Code.

There are two significant changes in this new legislation. The first is the inclusion of a statement of purpose and principles for the first time, which is intended to provide clearer direction from Parliament on how sentencing is to be addressed. The second is the provision of alternative measures (ie: measures other than imprisonment) to deal with first-time offenders who commit relatively minor crimes not involving violence.

While we welcome and support both of these changes, there is unfortunately nothing in the bill which deals differently with crimes of violence. Other than the addition of alternative measures referred to above, the balance of the bill repeats, in most cases verbatim, all of the existing provisions. Even the so-called 'faint hope' clause (existing Section 745), which allows murderers to apply for a reduction in the number of years before they are eligible for parole, has been included without change.

We are also extremely disappointed that 'protection of society' has not been included as a paramount principle. CAVEAT has been invited to submit a brief to and address the Standing Committee on Justice and the Solicitor General when it holds public hearings on the proposed legislation. This will happen following second reading, expected to take place in early fall. We will be taking advantage of this invitation.

Currently, we are reviewing Bill C-90 in detail, and will be preparing our brief over the next few weeks.

People Who Care.

Ancaster High School breaks the silence.

The recent murders of three young women--Leslie Mahaffy, Nina de Villiers and Kristen French--in Burlington and St. Catharines, Ont., have left many teenagers concerned and afraid. It is young people, particularly, young women, whose sense of security and freedom has been severely shaken since these terrible events. Last May 12 , Ancaster High School guidance counsellor Jan Lukas chaired an information-packed day to help students, teachers and community members confront the issue of violence in society.

More than 1,300 students, 100 teachers and about 250 community members were on hand to hear guest speakers Priscilla de Villiers of CAVEAT and nurse-educator Sue Johanson, who teaches young people about responsible sexuality, and to attend 36 afternoon workshops.

In conjunction with guest speakers and information sessions, a group of student volunteers made up ribbons in memory of the slain young women. The different colored ribbons, made with fabric donated by Duthler Textiles and sold to students throughout the day, raised $500, which Ancaster High generously donated to further the work of CAVEAT. Students were also motivated to send more than 150 letters to local M.P. Geoff Scott, voicing their concerns about violence in society.

Our sincere thanks go to all the students who contributed to the ribbon campaign and took the time to write letters to their M.P. A special thank you goes to Ms. Lukas and all the teachers who organized this important event.

Ms. Lukas, with the cooperation and hard work of several other teachers, has written an Organizational Handbook, on how to plan and develop this kind of seminar in a business or school setting. For more information about the handbook contact CAVEAT.

Orchard Park Students Support CAVEAT.

During a break in the Yeo inquest in Hamilton in June, Suzanne Burchell, a teacher, and Heather Ormerod, a student at Orchard Park High School in Stoney Creek, presented a cheque for $500 to Mrs. de Villiers outside the Main Street Court House.

The money was raised with a creative fashion show entitled 'Escape' that dazzled 700 people two evenings last May with its music, choreography, and pyrotechnics, supervised by teacher Art Deckert. The fashions, from local designers and merchants were presented by 34 student models and six children. Altogether more than 100 students and teachers worked many months to produce the show.

Afterwards student producers Heather Ormerod and Brenda Marsillo received high praise for 'a most professional show' from teacher-director Barbara Majetic. It was Heather who suggested that the proceeds from the annual fashion show be donated to CAVEAT this year, and all involved agreed readily, having been deeply affected by the tragedies of past year and a half.

Thank you--take a bow, Orchard Park!

"Dear CAVEAT:
Yours is a true cause. It is so frightening to be a female nowadays. We are always on guard. That is not how it should be at all. We should be able to walk where we want to, when we want to and how we want to.
Do members of this organization go into high schools and speak? If possible I would like to see if there is a way we could set something up for the next school year."

--Yes, CAVEAT does many speaking engagements in schools. Education about preventing violence has to begin with young people.

Petition Update.

There has been an astounding groundswell of public support for CAVEAT's initiatives. Canadians fed up with the violence around them have reached for a mighty weapon--the pen--with which to voice thier concern.

To date , more than 600,000 people have signed CAVEAT's petition for change. And over 30 M.P.'s have been reading the petition into the record of the House of Commons.

To find out how you can join this unprecedented ongoing protest, see the last page of this newsletter.

Fund-Raising

Our special thanks go to Fred Anderton, of CHCH-TV's sports department, and Ken Hadall for creating and running the first annual Nina de Villiers Slow Pitch Tournament at Bernie Arbour Park, in Hamilton on Aug. 22. The capable organizers attracted 30 celebrities, including Toronto Maple Leafs' players Doug Gilmour and Rick Wamsley, a number of Tiger Cat players, Olympic gymnast Lori Strong and competitive figure skater Christine Hough, to this very successful event. Our thanks go to Fred and Ken and corporate sponsor Bell Canada and to everyone who participated.

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