STOPWATCH - 1996, Volume ILooking at SafetyNet 1995CAVEAT hosted its second national conference on justice
reform, November 19-21, 1995
Public Forum Launches SafetyNet 1995SafetyNet 1995, the second national conference on justice reform sponsored by CAVEAT, was launched on Sunday, November 19, with a public forum at the Hamilton Convention Centre. The forum began with a dramatic presentation of the effect that violence has on the lives of youth. The Chedoke CAVEAT Players, a group of students from Chedoke Middle School in Hamilton, illustrated problems such as date rape and bullying that our children must often confront. Jessie Smith and Jan Lukas of CAVEAT's education committee followed with the presentation of the Annual CAVEAT Youth Awards to a number of students who have demonstrated a dedication to the prevention of violence in their community or school. This year, twenty-four youths received recognition for their efforts. With the theme of SafetyNet 1995 being the protection of Canada's children, several high-profile speakers then conveyed to the audience their own experiences with the justice system and how it and society must change to ensure our children's safety. In her opening remarks, CAVEAT president Priscilla de Villiers spoke of the horrific impact the Bernardo trial and the subsequent media coverage has had on our children. Mrs. de Villiers stressed the importance of protecting them not only from crime, but also from the psychological trauma that can result from the reporting of graphic details. Scott Newark, a former Crown prosecutor who is now president of The Canadian Resource Centre for Victims of Crime, addressed the weaknesses of the parole system. He emphasized that the safety of the public is paramount and that rehabilitation must be of secondary concern in the case of career criminals. Mr. Newark also suggested that legislation must be changed to increase the severity of the consequences for parolees who reoffend. Doug Walsh, the Assistant Attorney General for the State of Washington, stated that criminals must be held accountable for their crimes. Mr. Walsh, who played a significant role in the "Three Strikes and You're In" campaign, said that it must be made perfectly clear that society and the justice system will not tolerate repeat offenses. Many Americans obviously agree with him because in a referendum held in his state, 75% of the voters cast their ballot in favor of the three-strike law that mandates life imprisonment with no chance of parole for offenders convicted of three violent offenses. The victim was the focus of remarks made by the Honourable Penny Priddy, British Columbia's Minister for the Equality of Women. "Victims have carried the burden alone for too long," said the Minister. British Columbia has recently introduced a Victims of Crime Act which offers information on victim support groups and ensures that victims are fully informed on the status of cases at all stages of the judicial process. The forum ended with a remarkably emotional moment as Jude Johnson, named female artist of 1993 by the Hamilton Status of Women Committee, sang "Show Me the Power", an inspirational song she wrote for CAVEAT. As Ms. Johnson's voice soared through the hall, speakers, students, delegates and those in the audience, rose from their chairs and, joining hands, formed a circle, united in their commitment to building safer communities for our children.
Over 150 Experts Converge on Hamilton, Ontario for Two Days of Intense WorkFor the second year in a row, over 150 experts on justice reform and public safety assembled at the Hamilton Sheraton for two days of intense brain-storming sessions SafetyNet 1995. The first SafetyNet Conference in 1994 produced 146 recommendations for justice reform which were distributed to all governments. In November 1995, two days prior to SafetyNet 1995, CAVEAT released a report card grading governments on their responses so far to the 146 recommendations. SafetyNet 1995 produced a number of recommendations expanding on those of SafetyNet 1994 with the emphasis being on improving children's safety. The preliminary recommendations were released to the press at the conclusion of the conference. The 1995 SafetyNet Final Report will be released in early 1996.
The SafetyNet Report CardGovernments graded on responses to 1994 SafetyNet recommendations
To a certain extent the report card was a self evaluation on the part of the governments, as our assessment was based on their responses to our questionnaires. We were restricted in some cases due to either a complete lack of or very limited response. We can only see this as a refusal by the authorities to respond to the public's request for information regarding issues that are of concern to all Canadians. Community Standards, Crime Prevention, Firearms, High Risk Offenders, Parole, Victims Rights, and the Young Offenders Act were the seven areas on which each government was graded. In addition, the Government of Canada was graded on Border Controls. From the grades earned in these areas, each government's overall grade was calculated. The report card revealed overall grades ranging from a dismal D- (Alberta) to an encouraging B (British Columbia). While the Government of Canada was praised for its progress in the areas of gun control, DNA testing, and violence in the media, it was faulted for not addressing the issues of victims rights and high risk offenders. British Columbia and Nova Scotia, the provinces that received the highest grades, were praised for their initiatives in the areas of victims rights and crime prevention. Both provinces have developed innovative approaches to primary prevention through social development. On the other hand, Alberta and Ontario were found to have jeopardized primary efforts through their cuts to social spending. The report points out that cuts to programs that aid the vulnerable will have a negative effect on the next generation. The report was extremely critical of provincial and territorial opposition to the registration provisions of the federal gun control legislation Bill C-68. While polls show that the majority of Canadians support gun control, Prince Edward Island was the only province that spoke out in defense of the bill before the Senate. CAVEAT acknowledges that progress has been made in many areas. However, many recommendations have not been addressed. Although most jurisdictions claim a philosophical commitment to many of the recommendations of SafetyNet 94, this commitment has not been coupled with action. This Report Card is a timely reminder that the public must continue to apply pressure on all levels of government to respond to the concerns of Canadians.
Overall Grades:Government of Canada C+ (The SafetyNet Report Card is an 18-page document giving complete
details on all governments' grades and may be purchased from the CAVEAT
office for a nominal fee of $5.)
Why a Report Card?The idea for a report card to grade the responses of various governmental departments and agencies on issues of importance to CAVEAT began early in our history. The first report card was initiated in response to recommendations from the inquest into the death of Jonathan Yeo. During the inquest, information regarding violent rampages of a man with a long history of sexual assaults and the murders of Nina de Villiers and Karen Marquis were brought to light. We were understandably distressed as facts in the case were revealed, many suggesting serious shortcomings in the justice system. The inquest resulted in 137 recommendations, containing many practical suggestions which would improve the safety of the citizens of Canada, particularly Ontarians. We wondered how we could be certain that the recommendations would be implemented. Ten months after the inquest began, CAVEAT sent registered letters to agencies and departments targeted by the recommendations, asking for updates on their progress. We requested that each department evaluate its own performance based on a questionnaire which we provided. We received a variety of replies, some extensive and others limited, and we awarded grades based on these responses to our questions. On April 13, 1993, at a press conference at Queen's Park in Toronto, CAVEAT presented a "report card" on the implementation of the recommendations of the Yeo Inquest. In September 1994, CAVEAT hosted its first SafetyNet conference where leading justice reform and community activists, victims advocacy groups and victims met to draft legislation and public policy which would improve the safety of every Canadian. The national conference resulted in 146 recommendations for crime prevention, public safety and justice reform. Once again, we were faced with concerns about the status of the recommendations. We likewise believed that the best indicator of successful implementation would be the actual responses of the parties involved. We decided that a similar report card should be created. Again we asked all related government departments and agencies to respond to a questionnaire telling us what action had been taken regarding the recommendations. A committee comprised of some of the participants of SafetyNet 1994 voluntarily served on a sub-committee which analysed the data. The suggested grading scheme rated the responses as follows: A - actively support the main aspects of the recommendations; completed
actions needed to achieve them.
Victims Groups Unite to Demand "Life Means Life"Under the auspices of CAVEAT, victims and victims groups held eight simultaneous press conferences across Canada on November 30, 1995 to demand that the Federal Government take the next step in repealing Section 745 of the Criminal Code. Christine Wong reports on the Ottawa press conference for the STOPWATCH. OTTAWA - "My name is Sharon Rosenfeldt and I am the mother of one of 11 children abducted and murdered in 1981 by Clifford Olson." With those heartbreaking words, Sharon Rosenfeldt did something on this day that she has done time after time for the last 14 years: she spoke out for victims' rights. Rosenfeldt founded Victims of Violence with her husband Gary after Olson murdered their son Daryn. Almost 15 years later on a cold November day, Rosenfeldt stepped up to the microphone to support Bill C-226. C-226 is a private member's bill introduced by Liberal MP John Nunziata. It calls for the repeal of one of the worst loopholes in the Canadian justice system: Section 745 of the Criminal Code. When capital punishment was abolished in Canada in 1976, section 745 was passed. It allows anyone serving a "life" sentence with no chance of parole for 25 years to apply for early release after serving only 15 years. Murderers convicted of the worst crimes in this country are sentenced to 25 years, but they can possibly get out after only 15 years because of Section 745. C-226 would strike down this outrageous section of the Criminal Code, forcing all murderers sentenced to life with no chance of parole for 25 years to serve the full 25 years, no matter what. But private member's bills are tough to get through Parliament, and that is why Bill C-226 may die. Although the bill has passed second reading in the House of Commons, it must be studied by the Commons Justice Committee before it can be voted on by the House of Commons in third reading. Moreover, unless it goes before the Justice Committee for hearings before the end of the current Parliamentary session, Bill C-226 is dead. If the bill dies, so do Sharon Rosenfeldt's dreams of a fairer justice system. That's why she spoke out on Parliament Hill, urging the Liberal government to delay proroguing Parliament until the Justice Committee hears witnesses on Bill C-226. "Where is the deterrence for despicable acts of violence when, after only 15 years, the offender is allowed a chance to get on with his life?" Rosenfeldt asked at the press conference. "There must be an end put to this second chance for murderers. The (full-term) penalties of the courts must be carried out." Also urging support for the bill were Steve Sullivan of the Canadian Resource Centre for Victims of Crime, and Art Hanger, a Reform MP who is also a member of the Commons Justice Committee. Sullivan pointed out that Bill C-226 passed second reading in the Commons a year ago on December 13, 1994. That day, in a free vote, 137 MPs, including many Liberal backbenchers and one Minister, voted to send the bill to the Committee stage, where a year later, the bill is stalled. Come the next election, Canadians will remember that the Liberal government let this legislation die, Sullivan warned. "Next summer when Clifford Olson is eligible to apply for his review, count on the fact that Canadians will know that their government fully supports him," Sullivan said. Hanger reminded everyone that Justice Minister Allan Rock and former Justice Committee Chair Warren Allmand both voted against Bill C-226. "It should be noted that Minister (Rock) voted against this particular bill, so where is the commitment of the Ministry to making safety the No. 1 priority?" Hanger added. If Bill C-226 doesn't make it through the Justice Committee in time, a new bill would have to be introduced in the House and the whole process would have to start all over again. John Nunziata may take this route by introducing the bill again next year. Under s. 745, more than 600 first-degree murderers will be eligible for reviews in the next 15 years. So far, Section 745 has overwhelmingly benefitted the offenders: As of August, 1995, 46 of 59 cases resulted in reduced parole ineligibility and ultimately, release on parole. As shocking as it is to believe, mass child-murderer Clifford Olson can apply for early release in August, 1996. Sharon Rosenfeldt is again bracing herself for the ordeal of reliving Daryn's death if Olson's case is reviewed this coming summer. "I'm going to be quite devastated," she explains. "What it means is bringing everything up again. I was prepared to put everything to rest basically for 25 years, not 15 years. "It makes me really, really angry that he even has the right to apply after 15 years. The judge sentenced him to life with no parole for 25 years. That, to me, is the way it should be. I just wish the justice system would stop playing games with people's lives." In the fight to get Bill C-226 passed, CAVEAT has urged Canadians everywhere to call and mail post cards to their MPs in support of the bill. If the legislation dies, CAVEAT supporters and many other Canadians will wonder when justice will finally be served. "I look on it (Bill C-226) as justice," Rosenfeldt says. "There's a difference between law and justice. I know that justice will never ever bring Daryn back. But I really do feel that it is the closest thing to what is right."
CAVEAT Alberta ReportsNational Campus Safety Conference a Success
Albertans Attend SafetyNet 1995
CAVEAT Alberta promotes French/Mahaffy Legal Fund
Section 745 Press Conferences Press conferences to raise public awareness and encourage government action on Bill C-226 were held simultaneously across Canada in November (see "Victims Groups Unite..."this page). Alberta's segment was held at the Edmonton police headquarters with the help of the Media Relations Department of the Edmonton Police Service. Participating were Dep. Chief Al Burger and Colette Mandin-Kossowan of CAVEAT Alberta. Inclement weather prohibited the participation of Darlene Boyd, a victim on whom Section 745 impacts. In all, eight press conferences were co-ordinated by CAVEAT in Vancouver (CAVEAT BC), Edmonton (CAVEAT Alberta), Saskatoon, Regina, Winnipeg, Toronto, Ottawa, and Sidney.
CAVEAT's National Membership DrivePlease help us increase our membership numbers. We need your support to help make our voice louder. Governments need to know how many Canadians support what we are saying and doing.
SafetyNet 1995: "The Protection of Our Children"1995 SafetyNet Preliminary Report
The SafetyNet 1995 mission statement:
Conference work began early Monday, November 20, 1995. Delegates participated in plenary sessions before dividing into 10 working groups. By Tuesday afternoon, each group had produced a number of recommendations, expanding on those of SafetyNet 1994 with emphasis on the protection of children. The results were released at a press conference Tuesday, November 21. Summaries of the recommendations are shown on this page. Watch for the release of the 1995 SafetyNet Final Report soon at press conferences across the country. As with the 1994 SafetyNet Final Report, the 1995 report will be distributed to several government departments and will be followed up by CAVEAT to ensure that the recommendations are given serious attention.
(Web Page Note: The Final SafetyNet 1995 Report
is now available from CAVEAT for a fee of $10)
Vulnerabilities of Youth in Society TodayFacilitator: Chief Julian Fantino, London Police Service, Ontario, and CAVEAT Director Key Recommendations:
The committee asserted that victimization and exploitation of children are preventable and we all, individually and collectively, have a vital role to play in protecting our young. Governments were urged to give the welfare of children priority and consideration in all decisions. It was stressed that young victims must be treated with sensitivity to preserve their dignity and to prevent any re-victimization. The panel members deplored the massive exposure of children to violence and sexually explicit material. The effects of this exposure, it was believed, are devastating and long lasting.
Early Intervention & Support Systems for Youth in the CommunityFacilitator: Supt. Bruce Elwood, Investigative Services Division, Hamilton-Wentworth Regional Police, Ontario Key Recommendations:
Parenting was deemed to be a critical element of healthy child development and crime prevention. The panel called for a national public commitment to primary and secondary crime prevention. The media were called upon to share this commitment by accepting a responsibility in the promotion of the development of children. The CRTC was urged to assume a leadership role and become a model for other emerging media.
Youth in the Justice SystemFacilitator: Steve Sullivan, Executive Director, Canadian Resource Centre for Victims of Crime, Ottawa, Ontario Key Recommendations:
One of the panel's guiding focuses was the balance between ensuring youths are held responsible for their actions while at the same time encouraging rehabilitation. It was stressed that the Youth Justice System must be able to adapt to the differing challenges it faces. It must be able to respond effectively to the one time minor offender as well as the serious repeat offender. The committee, while acknowledging the importance of the Young Offenders Act as a tool in diverting youths away from future crime, maintained that the protection of the public must be paramount.
Mental Health and the High Risk OffenderFacilitator: Glenn Roche, Law Teacher and Victim, Ontario Key Recommendations:
The committee members questioned the adequacy of the Mental Health System in the treatment of forensic mental patients. Lack of communication and accountability were found to be major problems. The panel stressed that the protection of the public from high risk offenders must be paramount. Offenders' rights and freedoms must not supersede those of the public.
Accountability in the Justice SystemFacilitator: Priscilla de Villiers, President, CAVEAT Key Recommendations:
The erosion of public confidence in the criminal justice system was addressed by this panel, and was found to have been caused by the failure of the system to address its responsibility to public safety. Furthermore, it was found that the onus was on the victim to hold the system publicly accountable, and that any examination of the system was fragmented in nature and usually triggered by a tragic occurrence. The panel called for a thorough review of the justice system by a multi- disciplinary team with the authority to address issues of public concern.
Courts - Examining the ProcessFacilitator: Scott Kenney, L.L.B., Victim, CAVEAT, and Sociology Dept., McMaster University, Hamilton, Ontario Key Recommendations:
This committee's recommendations reflect the recognition of the increasingly important role that victims of crime must play at all stages in the justice system. The recommendations would see the victim involved in the court process from bail hearings where they would be granted intervenor status, to sentencing hearings where they would have absolute right to present victim impact statements. Other key recommendations called for a review of the plea bargaining, a process which causes great distress to the victims and other members of the public, and greater victim involvement. The preliminary hearing also was criticized for being an expensive, unnecessary, and to the victims, emotionally damaging experience.
Corrections/Parole - Examining the ProcessFacilitator: Dorothy Leonard, Executive Director, CAVEAT Key Recommendations:
The parole system was scrutinized by panel members and found wanting
in many areas. It was recommended that correctional services (both provincial
and federal) cooperate more effectively in the sharing of information to
ensure that parole board members have full and comprehensive information
in making effective release decisions.
LegislationFacilitator: Deputy Chief Ken Robertson, Hamilton-Wentworth Regional Police, Ontario Key Recommendations:
The panel members addressed the issue of high risk offenders and the legislative changes needed to ensure the proper investigation, prosecution, and management of those offenders. The recommendations focused on the importance of early and consistent identification of high risk potential, the need for preservation and sharing of information between all jurisdictions, and the necessity of post-sentence intervention in some cases. This intervention addresses the inadequacies of the current sentencing provisions which do not allow for any supervision of a high risk offender once the sentence has been served. The Criminal Code would have to be amended to allow the imposition, by the court, of restrictions deemed necessary (eg. no unsupervised contact with children).
Supervision in the Community - Examining the ProcessFacilitator: Insp. Ian Russell, Toronto Police - retired, Ontario Board of Parole, Community Member Key Recommendations:
The conditional release (parole) program was examined by this panel who found that better mechanisms were required for the protection of the public and the safe re-integration of the offender into the community.Victims must be kept informed of applications and release decisions. Supervision would be improved through greater intergovernment co-operation and could benefit from a re-assessment of the resources available in the community.
Mobilizing the Community
Facilitator: Beth Phinney, MP for Hamilton Mountain, ON
It was recommended that the community be more proactive in the area of public safety. The community must increase the public's awareness of its responsibility as citizens to stop violence and to support those who have been affected by crime. The community should encourage private initiatives in crime prevention undertaken by individuals, groups and corporations by acknowledging their contributions by awards and public recognition. As it is the moral responsibility of every individual to report crimes in their community, it is necessary that tools to do so be provided and easily accessed.
CAVEAT Youth Award RecipientsAs part of the opening ceremonies of the SafetyNet Conference on November 19, 1995 , the third annual CAVEAT Youth Awards were presented to 24 outstanding young people. Winners were chosen because of their significant contribution to the prevention of violence in their schools and communities. Selection was made by adjudicators from the Hamilton Public Health Teen Health Program under the direction of Daina Mueller. The winners include:
Ann Marie Bloskie's Murder Focus of CAVEAT BC's Billboard
The accused (as a young offender he cannot be identified) was a young man just six weeks short of his eighteenth birthday. He and Bloskie attended the same high school and worked together at a local grocery store. Townspeople say that she thought of him as a friend. He killed her after she refused to have sex with him. The Crown made three separate attempts to have the trial raised to adult court. Each was turned down. The accused was convicted of second degree murder and sentenced to three years in a juvenile facility, the maximum sentence for a young offender. Throughout the trial evidence was given that he would need years, if not life-long counselling. However, since his release he has been under no legal obligation to continue with any kind of treatment program. Coady's statement, like her client's sentence, is a mockery of justice. The truth behind the breakdown of our justice system is found in her words. Our lawmakers, in their quest to create a bill of rights that would ensure the protection of the offender, overlooked society's basic right to be protected. In the name of justice our Charter of Rights and Freedoms has become the violent offenders' ticket out of prison. Random acts of violence are becoming increasingly commonplace. And, all too often, our morning paper carries the news that yet another violent offender, who is considered a threat to society, will be released into the community. While the billboard uses the Bloskie case as an example, those behind it are quick to point out that the young man is only one of the many dangerous offenders who walk among us, protected by the system. "Don't impose a sentence that is good for society, but that is good for the offender." Society has had enough of this brand of justice. We need a justice system which recognizes that the single most important objective in the sentencing of violent offenders must be the protection of society. (Photo of CAVEAT BC Billboard. Billboard contains the text, "Our justice system is giving a second chance to someone who killed a woman with a rock, then went back the next day to rape the corpse. Help change the system. Call CAVEAT 1-604-530-5829.")
NEWSWATCHClinton Gayle guilty of first degree murder in killing
of Police Officer Todd Baylis
Gayle received an automatic sentence of life in prison with no parole for 25 years, and will be sentenced for the second conviction on February 1, 1996. Both sentences will be served concurrently, meaning Gayle's parole eligibility will still be 25 years. However, under Section 745 of the Criminal Code, the faint hope clause, Gayle will be eligible to apply for a judicial review of his parole eligibility date after he has served fifteen years. The time clock to his judicial review is already ticking. Clinton Gayle, a known drug dealer, who having faced a final deportation order by immigration authorities yet still resided in Canada, used a stolen firearm to attack Baylis and Leone. CAVEAT believes that Section 745 undermines the original sentence for first degree murderers as handed down by the courts. Unfortunately the Federal Government thinks otherwise. If you agree with us, please write to your MP and support the repeal of Section 745. (See article -Victims Groups Unite to Demand Life Means Life)
Priscilla de Villiers Honoured by Maclean's Magazine
Monica's Story Featured in Flare Magazine
What's NewCAVEAT is on the INTERNET!
http://www.caveat.org/
Help spread the word. Tell your family, friends, and co-workers about CAVEAT's new Internet site.
Upcoming EventsFebruary 3, 1996, Burlington, Ontario
April 13, 1996, Burlington, Ontario
Don't miss the 4th Annual Chris Pridham Invitational
Tennis in support of CAVEAT.
Thank You for Supporting CAVEAT...CAVEAT and Rotarians Hold Auction With Style Five out of five guests surveyed agreed Dream Auction a great success! Yes, once again a fun time was had by all who attended the annual auction in support of CAVEAT, November 10, 1995. This year, CAVEAT was very fortunate to be able to team up with the Rotary Club of Burlington Lakeshore and their successful annual auction, to create a most memorable evening. Pictured on the left are a few of our core volunteers enjoying an evening out together, away from the serious work they face daily in the office.
First Annual CPA Golf Tournament Takes a Swing at Crime
CAVEAT wishes to thank both the Rotary Club of Burlington
Lakeshore and the Canadian Police Association for their very generous contributions
in 1995.
CAVEAT's New Gift CatalogueWe are about to embark on a new fund-raising project that will benefit both CAVEAT and the many Canadian artists, craftsmen and home business people who believe in CAVEAT's goals. We are hoping to have available by Fall '96, a top-notch gift catalogue to be mailed right across Canada. Incredibly, just by word of mouth, the response from potential suppliers has been tremendous. Our gift catalogue will have limited edition prints, fleece clothing, jewellery, personalized shirts, photographic reprints, hand-painted stationery, mini-prints, jewelled boxes, scarves, appliqued shawls ... and lots more. Talented people from across Canada will have the opportunity to sell their products through our catalogue and all of us will be winners! We are looking to include items which will be interesting, unique, reasonably priced and easy to ship. Perhaps you or someone you know would be more than thrilled to be part of this project. Let us know right away. Call, fax or write to Maddy at CAVEAT, Burlington, Ontario. Include as many details as possible. We will follow up on your leads. And next year, we will be saying, "Thank you for shopping at CAVEAT!"
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