CAVEAT

STOPWATCH Vol. 5, No. 1

February 1997

Are Victims' Bills of Rights Merely Empty Rhetoric?

A recent case in Welland, Ontario, has revealed just how meaningless the province's victims' rights legislation can be.

On November 5, 1996, Linda Even was the victim of a brutal attack in her Welland home. Her attacker, Paul Mercier, her former common-law partner, viciously stabbed her 18 times with scissors. Ms. Even was saved by a neighbour who had been summoned by her 11-year-old daughter.

This does not appear to have been an unplanned attack. Earlier, Mercier had told a co-worker that if he didn't show up for work he'd be in jail. On the day of the attack he brought along the pair of scissors and a rope. Mr. Mercier was charged with attempted murder.

On January 7, 1997, however, a plea bargain deal was announced. Mercier was willing to plead guilty to aggravated assault. The attempted murder charge was dropped. On February 7, 1997, Mercier was sentenced to 5 years.

Linda Even is outraged. The plea bargain had been arranged behind her back. Up to the very last minute she was under the impression Mercier was to plead guilty to attempted murder. She claims that not once during her consultations with the Crown or the police was "reduced charge" or "lesser charge" or even "aggravated assault" mentioned. She was dumbfounded when at the January court appearance she first heard of a reduced charge of aggravated assault.

Ms. Even is understandably bitter and she feels that the legal system has betrayed her. She claims she would never have agreed to the plea bargain had she known about it. This is the crux of the matter. She did not know about it. Ontario's Victims' Bill of Rights, which received Royal assent on December 14, 1995, states that "Victims should have access to information about...any pretrial arrangements that are made that relate to a plea that may be entered by the accused at trial." For whatever reason the Crown in this case did not ensure that Ms. Even did have access to such information.

We have voiced our reservations about victims' rights legislation before (see STOPWATCH 1996, Volume II). Ontario's legislation states that victims should have access to certain information but there are no guarantees. Are victims' bills of rights therefore merely empty rhetoric?

Auditor-General Critical of Parole Process

The theory behind parole is explained by the National Parole Board (NPB) in its booklet Parole: Contributing to Public Safety.

"The concept of parole is based on the belief that a gradual, controlled and supported release of offenders helps them re-integrate into society as law-abiding citizens and helps contribute to a safer society." (p. 3)

"Within six months of the offender's admission, the Correctional Service of Canada (CSC) will send the offender a Notification of Parole Eligibility Dates. This will include eligibility dates for unescorted temporary absences, day and full parole and the projected statutory release date.

CSC is responsible for preparing the offender's case for the National Parole Board (NPB) to consider at the first parole eligibility date and for any further reviews. CSC provides NPB with a complete package which includes details about the offender's previous criminal history, most recent offence, behaviour while incarcerated and evidence of change. It also includes information such as psychiatric or psychological reports and the opinions of other specialists. This information helps NPB make an objective and well-informed decision." (p. 11)

That's the theory. In fact, as Canada's Auditor-General Denis Desautels has discovered, that package of information is often far from complete. In the third instalment of his annual report released November 26, 1996, Mr. Desautels concludes that public safety is jeopardized by the Parole Board's making release decisions based on incomplete information. It appears that CSC officials are often unable to obtain police reports, judges' reasons for sentencing and Crown briefs. CSC and NPB officials are sometimes completely unaware of an offender's criminal background, circumstances surrounding the crime for which they are serving time, or whether a plea-bargain was involved. As a consequence, some of their decisions are based on information supplied by the offender himself!

The CSC, however, pointed out that while they are obliged to collect information about an offender, the other parties are not obliged to provide it. "This lack of co-operation between the federal and provincial levels of government compromises public safety," claims the Auditor-General.

Parole Information

• Offenders who are sentenced to less than 2 years imprisonment serve their sentences in provincial institutions.
• Offenders who are sentenced to 2 years or more serve their sentences in federal penitentiaries
• The National Parole Board (NPB) makes conditional release decisions for offenders in federal and territorial institutions and for offenders serving sentences in provinces where there are no provincial parole boards. British Columbia, Ontario and Quebec have their own parole boards.

745 Amendments Now Law

On January 9, 1997, Bill C-45 came into force, amending the controversial Section 745 of the Criminal Code, which, until now, gave murderers the automatic right to apply for earlier parole eligibility after serving just 15 years.

CAVEAT has long been calling for the full repeal of Section 745 and has monitored Bill C-45 closely. The Bill has now made the following amendments to Section 745:

• Offenders who commit multiple murders no longer can apply for a review of their parole ineligibility period after serving 15 years of their sentence if at least one of those murders was committed after Bill C-45 came into force.
• The right to a hearing is no longer automatic. All future applications will be screened by a superior court judge first. Only if an applicant can show a reasonable prospect of success will the application be allowed to proceed. This applies to offenders now serving time for murder. The judicial decision may be appealed.
• The jury's decision to approve a Section 745 application must now be unanimous (as opposed to the former requirement of only a 2/3rds majority).
• The criteria the jury is to consider in reaching its decision in the future includes any information provided by a victim at the time of sentencing or at the time of the Section 745 hearing. This applies only to crimes committed after January 9, 1997.

These amendments will not prevent the coming review hearing of Clifford Olson. Olson, who is serving life for the murder of 11 children, applied for a review of his parole ineligibility period last year and is not affected by any of the changes. The murders for which he was sentenced were all committed before the legislation came into force and his application was filed before January 9, 1997.

CAVEAT has grave concerns about the changes to Section 745, including:

• the implication that, under the new provisions, one murder is deemed less serious than multiple murders. This is an unprecedented and unacceptable use of "volume" as a measure of the seriousness of an offense.
• no real changes to the way the early review hearing process is conducted. The application hearing for early parole eligibility continues to operate with very limited information about the crime.
• the creation of another level of bureaucracy. Applicants' absolute right to a hearing has been replaced with an absolute right to apply (and launch appeals) for a hearing.
• the process continues to make the families of victims relive the murder and continues to cost taxpayers.

CAVEAT considers the passage of this bill merely the first step toward the ultimate, full repeal of judicial review provisions.

A Letter to Allan Rock

As the family of murdered Constable Brian King faced once again the prospect of reliving a tragedy that has devastated their lives, CAVEAT Alberta Chair Colette Mandin-Kossowan fired off the following letter to Justice Minister Allan Rock.

Dear Mr. Rock,

The faint-hope clause still angers families!

After years of campaigning to repeal Section 745 of the Criminal Code (the "faint-hope" clause), victims' advocacy groups are supposed to be placated with Bill C-45. These amendments to Section 745 narrow the window of opportunity for some murderers, and give victims a voice in the form of victim impact statements at hearings.

But is this good enough? I hardly think so.

At best, it will hopefully prevent some families from being dragged through judicial review hearings. At worst, it only complicates the understanding of the process, and does not return the truth to sentencing. A sentence of "life with no eligibility for parole for 25 years" is still not what it implies.

So, who really got life?

It would appear to be the victims. At a time when they are at a point of recovery, survival and establishment of a new normality for themselves and their families, a judicial review is still a possibility! Long after the crime(s) has occurred and sentencing has been passed, victims are still at the mercy of the justice system, its schedule, its postponements, its confusing offender- centred rules. They are still dragged back to the time of the crime and its associated pain, and made privy to the offenders' faint hope while their wounds are re-opened and not allowed to heal.

Victims do not want to have to relive the experience over and over.

Constable Brian King was murdered in April, 1978, near Saskatoon, Saskatchewan by Greg Fischer and Darryl Crooks. Nobody could know the pain Cst. King's wife, Marie King-Forest, and her family have gone through since then. And just at a point when life is looking pretty "normal" and good again, it is time for 745 hearings. The murder of a police officer once had a sentence of capital punishment. Now it is "life" with "faint-hope" at 15 years. Both murderers have come up for judicial review in the last two years!

In January, 1994, Marie and her family prepared themselves to attend the judicial review for Greg Fischer. They booked time off, rescheduled events, booked travel time, etc. The review was cancelled. It was scheduled for June, 1994. Again, Marie and her family arranged for time off, etc. The review was again cancelled. This judicial review was finally held in November, 1994, in Saskatoon.

In March, 1996, a judicial review was booked for Darryl Crooks. The victim's family once again prepared themselves mentally for the cold plunge into the painful past. Again the review was postponed. It was booked for November, 1996, then cancelled. It finally began on January 6, 1997, in Saskatoon, and continues as I write.

Marie King-Forest described the experience to me using this analogy: "(Section) 745 puts the offender's boxing gloves on; he is trained, counselled, defended, supported with all expenses paid. The victim's family is thrown into the ring with no support; none of this. Our emotional state is at the mercy of the system."

Why are we putting this family through this? Is it really necessary?

Let's end this re-victimization of the crime victims. Repeal Section 745 of the Criminal Code! We must rethink the sentencing process. We must give out sentences that are what they appear. "Life with no parole eligibility for 25 years" should be just that, with parole starting after 25 years. If it is 15 years, it should be 15 years with parole starting at 15 years.

Section 745 is one of the flaws in our Criminal Code that is contributing to declining public confidence in our justice system. Bill C-45 only confuses things further.

Sincerely,

Colette Mandin-Kossowan
Chair, CAVEAT Alberta

November, 1994: Greg Fischer's parole ineligibility period was reduced by 2 years. He can apply for parole after serving 23 years.

January, 1997: Darryl Crook's application for a reduction of his parole ineligibility was rejected by the jury. Crooks will have to wait the full 25 years before he can apply for parole.

A Reminder to Victims

If you are a victim living in Ontario you should be aware of a pilot program established by the National Parole Board in conjunction with the Ontario Region of the Correctional Service of Canada.

Victim Information Service

The National Parole Board and the Correctional Service of Canada, Ontario Region, have established as of November 1995, a shared Victim Information Service which can be reached by calling:

1-800-518-8817

The Victim Information Service provides information to victims, their families and/or representatives on Federal Offenders (sentenced to 2 years or more) regarding:

• conviction(s) and length of sentence
• eligibility dates for Temporary Absence, Day Parole and Full Parole
• Statutory Release date
• dates of National Parole Board hearings
• procedures to observe at hearings
• how to obtain copies of National Parole Board decisions
• related information as permitted under the Corrections and Conditional Release Act

Victims, their families, and/or representatives may wish to provide information or update a victim impact statement.

The toll free line can be called anytime and an automated voice system will receive the caller's name, telephone number, and the name of the offender. An Information Officer will promptly return the call during regular working hours 8:30 a.m. -- 4:30 p.m.

Legislation Governing the Release of Information

The Corrections and Conditional Release Act differentiates between information about offenders that shall be provided to victims upon request and the information that may be disclosed to the victim.

Section 142 (1) stipulates that, at the request of the victim, the authorities must disclose the offender's name, the offence of which the offender was convicted, the length of the sentence, and eligibility dates in respect of unescorted temporary absences or parole.

If, in the authorities' opinion, the interest of the victim outweighs any invasion of the offender's privacy, the following may be disclosed:

i) the offender's age,

ii) the location of the penitentiary in which the sentence is being served,

iii) the date on which the offender is to be released on unescorted or escorted temporary absences, parole or statutory release,

iv) the date of review hearings,

v) any conditions of release,

vi) the destination of an offender when released on parole or statutory release,

vii) whether the offender is in custody and if not, why not,

viii) any appeal of a Parole Board decision and the result of that appeal.

Furthermore, if an offender is transferred from a penitentiary to a provincial facility it is left to the discretion of the Parole Board to disclose or not to disclose the name of the province in which the facility is located.

The Corrections and Conditional Release Act clearly places the offender's right to privacy ahead of the victim's right to information.

Recent changes to the Criminal Code
give judges another sentencing option

The Prison Sentence that Is Not a Prison Sentence!

"Of all of that in this Bill [Bill C-41] which is likely to increase public distrust and cynicism towards the criminal justice system and those politicians that supposedly reform it, the provisions pertaining to supposed 'conditional sentences' is the most extreme." (Canadian Police Association Brief to the Justice Committee on Bill C-41. December 13, 1994)

How prophetic!

Canadians recently saw the conditional sentence at work in a sexual assault case in British Columbia. Justice Harry Boyle's decision to utilize the conditional sentence provisions of Section 742.1 in the case of a brutal, sadistic sexual assault is disturbing. Darren Adam Ursel pleaded guilty to confinement and sexual assault. Over a 90-minute period Ursel raped and sodomized his victim with the handle of a sports racquet. Justice Boyle sentenced Ursel to a conditional sentence of imprisonment for 2 years less a day to be served, not in jail, but under supervision in the community. Though he acknowledged the attack to be "aggressive, angry and sadistic", Justice Boyle cited Ursel's lack of a criminal record, his remorse, and his self-rehabilitation as deciding factors in the decision.

Before Bill C-41 became law CAVEAT expressed concern with the open-ended wording of the legislation that does not differentiate between violent and non-violent offenses. We felt that a conditional sentence is inappropriate for crimes of violence. The law, as it stands, does not rule out the use of conditional sentencing in such crimes. The only stipulation is that the judge must "be satisfied that serving the sentence in the community would not endanger the community."

Our worst fears have been realized. This case clearly illustrates that the law as it stands can give rise to what many consider an appalling travesty of justice. One of the fundamental purposes of sentencing is to contribute to respect for the law; one of the fundamental principles is that a sentence must be proportionate to the gravity of the offence. The sentence imposed by Justice Harry Boyle fails both criteria.

Update on Bills

Government Bills

C-27 Child Prostitution/ Stalking -- committee report stage

C-45 Amendments to Section 745 (early parole) -- came into force January 9, 1997

C-46 Access to victims' medical records -- debated at second reading

C-55 Dangerous Offender/ Long-Term Offender -- before the Justice Committee (CAVEAT made submission Feb. 11, 1997)

Private Members Bills

C-205 Profits from creation of a work based on the crime would be subject to seizure by the Crown. (Tom Wappel, MP) -- before Justice Committee

C-237 Immigration and the transfer of offenders (Janko Peric, MP) -- at committee stage

C-254 Dangerous Offenders (Val Meredith, MP) -- before Justice Committee

(Compiled with assistance from the National Justice Network Newsletter, January 1997)

"Let's Talk"

...from my desk to you. By Johanne

We welcome Johanne to the CAVEAT organization. Before joining us, Johanne worked as a service co-ordinator for victims of childhood sexual abuse and as a group therapy co-ordinator. We are fortunate to have her with us. With her insight into the vulnerabilities and the needs of victims of violent crime, Johanne will be an invaluable addition to CAVEAT.

Welcome to a new year and new beginnings! A new beginning for me is that I have joined CAVEAT on a full-time basis as Victim Resources/ Program Co-ordinator. I am excited and enthusiastic about being part of the wonderful staff and volunteers.

My request to develop a way for victims to share their stories has been welcomed with open arms. The STOPWATCH committee is opening up space for me and for you and the victims of crime. Who are victims of crime? We all are. Violent crime has devastated children, spouses, partners and parents, but the effect of violent crime reaches beyond the immediate family. It mushrooms. Cousins, aunts and uncles, grandparents, co-workers, friends, neighbours and the whole community are ultimately affected.

This space has been made available for you, the reader; it has given you a voice. With this new column--"Let's Talk"--you now have the opportunity to support each other by sharing your views and experiences. For my part, I will be sharing with you information that comes across my desk.

Here are some ideas of what is to come:

• opportunity for you to write in and share your experience, your feelings and the impact crime has had on your personal life and on those around you (400 words or less)
• share your road to recovery
• venue for you to vent/express opinions
• offer support and guidance to others
• safety tips
• coping skills
• suggested reading materials
• information on community awareness/wellness programs
• questions/answers
• poems/pictures
• other topics suggested by you, the reader

Guidelines: All submissions must be accompanied by your full name, address, and telephone number. CAVEAT will print your full name, city and province, unless you specify that you would like to remain anonymous. CAVEAT will not print telephone numbers or street addresses. CAVEAT reserves the right to edit all submissions.

We at CAVEAT don't have all the answers but we are committed to helping you find them. Submissions should be made to:

Johanne
"Let's Talk", CAVEAT STOPWATCH
Suite 3-164, 3350 Fairview Street
Burlington, Ontario L7N 3L5

Stalking Victim Failed by System

My name is Hannah. I am a new volunteer at CAVEAT. I was stalked for three years by a neighbour I have never met. The police were unable to help me even though they told me that they knew of him and considered him dangerous. That was the most they could tell me. They could not reveal anything else about this man's criminal or psychiatric past, because it would be against his rights. I quickly learned that I had no rights. At first, after each incident, the police would talk to him about leaving me alone, but after a few times they decided that it was too dangerous. He was getting "riled", they said. He continued to stalk me.

I could not get a restraining order against him because he lived on my street and had a right to be there. The anti-stalking laws seemed to offer no help. If the police were afraid that my safety would be jeopardized merely by their speaking to him about me, surely charging him would be even more dangerous. Even if he did receive some jail time he would still end up back living with his parents, as he did after every other criminal or psychiatric absence he had. The only thing the police could suggest was for me to buy a dog.

My parents are immigrants. I was born in Montreal and I was brought up to be a proud Canadian. I always assumed that, should I ever have a problem, I could go to the police and they would enforce the laws designed to protect me. It never occurred to me that I would be left to fend for myself.

Last fall my stalker tried to kill his sister. She refused to lay charges, so the police had to let him go. He was back home within days. The police told me that it was a "mental health" issue and not a "policing" issue. Unfortunately, the mental health system appeared unable to deal with him. There was no other place for him but with his family. "Cutbacks," the authorities said.

The attempted murder made my friends, family, and the authorities recognize the seriousness of my situation. A vindication, of sorts. Those close to me had never really understood what was happening to me. They could not relate to the terror I felt. Isolated and traumatized, I became a shell. I lost years of my life as well as my job, my friends, my family, my memory, and my health. I lost more money than I care to think of in my search for security and later, my search for mental health. Most of all, I lost the belief that I could survive.

I know that he is taking medication now to control his illness and all I can do is hope that it works. In the meantime, every day is a struggle for me as I try to deal with what has happened and the possibility that the situation could escalate again. It is difficult not to ask myself, will today be the day it starts again?

Is the Stalking Law Working?

A study by the Canadian Centre for Justice Statistics suggests that the stalking law is not as effective in helping women threatened by stalkers as one would have hoped. The law, passed in 1993, makes it an offence to repeatedly communicate with, call or follow another person, or watch their home or workplace. The maximum penalty for criminal harassment (stalking) is five years in prison.

The data compiled by researchers reveals that 58% of stalking charges are withdrawn or stayed (a rate considerably higher than for other crimes.) Of those convicted or who pleaded guilty, 6 in10 received probation. Three in ten received jail sentences of less than 6 months.

The study reports that "the experience to date conveys the message that offenders will, in the large majority of cases, be let off with no penalty and that even if they are convicted, the justice system will impose only a mild rebuke."

Priscilla de Villiers, CAVEAT's president, states that lawyers, judges, and the police have to be educated to take stalking seriously. It is not enough to have legislation in place. Any law is as effective as its implementation. If women are to be protected (8 of 10 harassment victims were women the study found), the crime of stalking has to be treated as seriously as any other crime in the Criminal Code.

Ford Canada Remembers Victims

The staff of the Ford Motor Company of Canada in Oakville, Ontario, recently agreed to observe a minute of silence annually in memory of women who die due to acts of violence. Beginning on December 6, 1996, and to be repeated on each December 6, one minute of silence is to be observed at twelve o'clock noon. The flag will be flown at half-staff for the day.

December 6 is the anniversary of the 1989 Montreal Massacre in which 14 young female engineering students at the École Polytechnique were gunned down by a mad gunman, one of the worst acts of violence against women in recent Canadian history.

That's Where the Money Goes...

Fugitives get free ride

Metro [Toronto] Police and parole officers say welfare officials are refusing to stop payments or provide them with information to help catch criminals and fugitives sought on Canada-wide warrants.

A North York rapist who attacked a 79-year-old woman is among the criminals officers are trying get off the welfare rolls.

Jadduroy James Hera, 60, was jailed for 51/2 years in October, 1993 for battering and raping a 79-year-old North York woman in her home during a 12-hour spree of violence.

Hera was ruled a danger to the public and ordered deported to Guyana for the July 1992 attack on his elderly employer.

The woman suffered a broken shoulder, serious bruising to her face, back and chest and severe vaginal bruising and tearing. The woman, who lived alone, had hired Hera, a father of seven, to do her grocery shopping and other errands.

Immigration spokesman John Helsdon said Hera was ordered deported in November 1994. Helsdon said Hera, released on $6,000 cash and performance bonds in July 1996, is still in Canada.

Investigators said one of Hera's release conditions was that he not collect welfare or other benefits. But, despite efforts by police and parole officers, welfare officials have refused to stop his benefits.

Police and parole officers said there are dozens of such fugitives whom welfare officials continue to provide with benefits. As well, the officials refuse to give police addresses or other information needed to make arrests.

Metro welfare spokesman Heather MacVicar said benefits are paid based on a person's needs.

"Our eligibility for support has nothing to do with a person's standing in the law," MacVicar said. "We deal with peoples' needs."

Officers said there are at least 400 warrants for parole fugitives outstanding.

(The Toronto Sun, January 7, 1997)

Cons' funeral perqs criticized

Canadian taxpayers shouldn't have to pick up the tab to allow prisoners to attend funerals, says the Reform Party's justice critic.

Art Hanger said the all-expenses-paid bereavement leaves given to inmates at Canadian prisons are inappropriate at a time when many hard-working Canadians can't afford to visit home.

"Correctional institutions are to correct and punish and to rehabilitate prisoners if they want, but that isn't what is happening here," said Hanger.

Hanger cited one case where a prisoner was flown to Fiji. The MP said it cost over $10,000 to send an inmate from Alberta's Bowden Institution to a funeral in Fiji earlier this year, escorted by a prison supervisor.

"It's a farce, it's abuse," said Hanger. "It was a vacation for the supervisor, too."

Hanger said over $10,000 was spent flying a Calgary prisoner to Montreal, then chartering a flight for him and two escorts to Baffin Island for a funeral.

Correctional Services Canada spokesman Tim Krause confirmed sending prisoners to funerals of family or close friends is common.

There's no limit on how much the prison service will spend on airfare, escorts, food, and hotels for an inmate.

"If the criteria is met, cost is not a consideration," Krause said from Saskatoon.

"If the funeral is for a member of the immediate family or someone the offender had a close personal relationship with, and there is no unmanageable security risk, they can attend."

All prisoners, regardless of their crime, are eligible for funeral leave--except some who have previously escaped.

Krause said correctional services arranges the trips, but the decision to send prisoners is made by prison wardens.

Hanger said he wants an investigation into expenses by the federal department in the new year.

(The Sunday Sun, December 22, 1996)

Taxpayers picking up cheque for inmate's sex-change, MP says

A Reform Party MP wants a parliamentary investigation into why taxpayers are footing the bill for a Bowden Institution inmate's sex change treatments.

Calgary Reform Party Solicitor General critic Art Hanger claimed Friday that Correctional Service of Canada is paying for regular hormone treatments for Robert E. Charlifoux at Bowden Institution, a medium security prison north of Calgary.

"Charlifoux has altered his appearance to the extent that his breasts resemble those of a woman's," said Hanger. "I have also been told that the CSC is prepared to fund a full-scale sex change operation for this criminal. Not only is this policy bizarre, it is outrageous and one of the most inappropriate expenditures of taxpayer money that one could imagine."

Tim Krause, regional communications officer for the Correctional Service in Saskatoon, wouldn't confirm the case at the Bowden Institution.

"But I can confirm on a general basis that if a number of criteria are met in this kind of a situation ... they may or may not go ahead with the treatment," said Krause.

The biggest criteria would be a diagnosis of "transsexualism" by a recognized expert in area of gender identity, explained Krause.

He couldn't confirm if there were any similar cases in the past.

Hanger claims this particular case has created some problems at the institution.

"This guy bares his chest all the time and flaunts himself."

(Calgary Herald)

450 Students Attend Anti-Violence Conference

by Constable Shane Tuckey, Education Program Director, CAVEAT BC

It had been on the drawing board for well over a year and became much larger and offered considerably more than was originally planned. Through hard work and long hours of planning, the Challenge had been met. CAVEAT Youth Challenge '96 became a reality on October 21, 1996. The one-day conference, hosted by CAVEAT BC was modelled after two previous successful youth conferences organized by CAVEAT in Ontario.

Our workshop section committee had originally identified 26 possible workshops. The students/youth quickly pointed out to the older crowd what they saw as problematic in the presentation of 26 workshops. The students on the committee offered a valuable insight into what they saw as major issues in dealing with their peers. As a police officer who is used to telling youth what to do, it was extremely difficult to stand by and relinquish control to the students. The thought that we had empowered these youth and were seeking their ideas, some of which were in direct conflict with my own, was a learning experience for me that I will always remember. It was their input that made the conference a success.

Police, educators, students, and people from throughout the community came together at the Sheraton Guildford in Surrey. School boards from different districts in the Lower Mainland of B.C. endorsed the CAVEAT Youth Challenge along with the Youth Services Department of the Attorney General's office and a multitude of community service clubs and groups. As a result, CAVEAT has formed partnerships which link us directly with the community.

Over 450 students from 35 different secondary schools and various alternative education centres participated with us on this date bringing with them their hopes and fears. The students, acting as delegates, chose between 16 different workshops offering discussion on such topics as hassle-free relationships, self-esteem, family violence, and strategies for safer schools. We also addressed other less obvious, but just as important issues such as "The Code of Silence" and the startling realization that the largest group of victims has been identified as our youth.

The students had an action-packed day that kept them busy going from workshop to workshop and which was topped off with the appearance of Premier Glen Clark. The Premier, with CAVEAT member Merv Duggan, presented the CAVEAT Youth Awards to groups and individuals for their contribution to the prevention of violence in their schools or communities (all 1996 Youth Award winners are listed in STOPWATCH 1996, Volume V).

The delegates also heard from keynote speaker Serge Le Clerc, a rehabilitated career criminal. They sat glued to their chairs as he urged them to take a stand against violence and to take responsibility for the choices they make. The teens responded to his message with a standing ovation.

The participants evaluated the day as outstanding and extremely well worth attending. CAVEAT's previous experience in Ontario has shown that the students return to their own schools brimming with ideas on anti-violence and crime prevention, ready to implement initiatives to augment existing programs or creating new ones where none exist. Follow up has shown that this has already begun in British Columbia as a result of this conference.

What is even more encouraging is that people from all across Canada are making inquiries about the Youth Challenge. Maybe this is a trend that could sweep the country!

The Challenge has been met. Through hard work and long hours, a group of dedicated volunteers from across the country has proved that, collectively, we can make a difference.

We thank all of the sponsors, volunteers, workshop presenters, guest speakers and enthusiastic students for helping make CAVEAT Youth Challenge '96 a success.

A Youth Perspective

On the evening of October 19, 1996 a few of the CAVEAT Youth Council members from Ontario--Alyson Murdoch, Melissa Erskine, Gina Giammarco and advisor Daina Mueller--boarded a plane to Vancouver, British Columbia. We were invited to attend CAVEAT Youth Challenge '96.

The first day, we met Chris Simmonds, the Chairman of CAVEAT BC, and Shane Tuckey who is the Education Program Director of CAVEAT BC.

On Monday, October 21, the Youth Challenge conference began with some entertainment by Checo Tohomaso. He was excellent. He got the crowd ready for a great day! The opening ceremonies were headed by Chris Simmonds and the Attorney General of British Columbia, the Honourable Ujjal Dosanjh. The keynote speaker was Serge Le Clerc. All of the Youth Council members had seen him previously at the Ontario Youth Challenge, and he did a great job as always. Then, our first session began. All of us went to different workshops. We had a choice from many, such as Harassment and Intimidation, Hassle-Free Family Relationships and 841 KOZ (gangs). We were introduced to the Premier of BC, Glen Clark and we met some of the youth volunteers, who were extremely kind and very interested in what the youth were doing in Ontario. We shared our experiences and hopefully passed on some good ideas! We then watched the CAVEAT Youth Awards and next were off to the second workshop. Again, we had many choices including Stalking, Dating and Relationships, and Violence in the Media. Afterwards, we watched the Motivational Media Presentation and attended the closing ceremonies.

After the day was over, we had more conversations about youth and the role they could play in the prevention of violence. Just having these conversations with the youth in B.C. showed us how the conference had already sparked the ripple effect. We knew these youth were going to now take back what they had learned and spread violence prevention, just like Ontario students did after the successful Youth Challenges organized by CAVEAT in 1993 and 1994.

Overall, the conference and the trip went great! The CAVEAT Youth Council would like to thank CAVEAT BC for inviting us to the conference and we would also like to thank the CAVEAT Head Office for subsidizing our trip to B.C.

We congratulate CAVEAT BC on a job well done.

Thank you,
The CAVEAT Youth Council

Thank you to the CAVEAT Youth Challenge '96 sponsors

A & E Resources - Act 1 Music & Sound - Back Street Studios - B.W. Creative Wood Industries Ltd. - Canadian First Marketing - Canfor Corporation - CanTalk Cellular - Deloitte & Touche - Julie Doyle - Edmonds Appliances - The Guildford Station Masters Dart Team - Daryl Hok - The Howe Sound Lions Club - Jeans Experts - The Langley Central Rotary Club - The Lynn Valley Lions Club - Merchants Willowbrook Shopping Centre - The Ministry of the Attorney General of B.C., Community Justice Branch - Alyssa Nielsen - Soroptimist International of the Langleys - Soroptimist International of Surrey - Speedy Printing - The Surrey Teachers' Association - University Printers - Donna Van Beek - Weldwood of Canada Limited - Y. Franks Appliances

CAVEAT Youth Council hosts public forum

"Monica's Story" Generates Positive Response

An enthusiastic crowd of over 100 people recently attended Dawna Speers' presentation of "Monica's Story" at the Hamilton Public Library. The evening was the second in a series of awareness and violence prevention forums, organized and sponsored by the CAVEAT Youth Council. The Council believes that through education people can move a step closer to eliminating abusive situations and violence in their own lives.

Together with recalling the story of her daughter Monica's involvement in an abusive relationship and her resulting death (see STOPWATCH 1996, Volume III), Dawna encouraged trust, shared responsibility and accountability, support and respect in a relationship. Equality without any one of these, she stated, can not exist.

The inquisitive audience seemed to take a lot of valuable information to heart and were not shy about asking hard-hitting questions. An officer at the workshop informed the gathering that laws are changing in Canada and police can now lay charges of abuse even if the victim later changes her mind. The large response to the workshop reflects people's growing desire for information about preventing abuse.

CAVEAT Youth Council Update

The CAVEAT Youth Council is composed of a few adult advisors and many high school and university students who are concerned about violence they see in their schools and communities. The purpose of the Youth Council is to provide a youth perspective to CAVEAT's work and to heighten public awareness of violence.

The new CAVEAT Youth Council Executive has been chosen for this year, with Melissa Crawford as President. It got off to a wonderful start with the success of the "Monica's Story" forum.

The Council plans to organize another workshop in the near future and to hold some fund-raising events as well. We hope that all of the hard work and efforts will help to continue to bring awareness to the general public.

The Youth Council always welcomes new members. If you would like to get involved with the Council's many worthwhile projects, please contact the CAVEAT Head Office (905) 632-1733.

A Reminder to Students

CAVEAT's special membership rate for students is $10

If you are interested in taking out a CAVEAT membership, please see the back page of this newsletter. Your support helps strengthen our stand.

More 1996 Youth Award Winners

Top: (from left to right) CAVEAT Alberta volunteers Colette Mandin-Kossowan and Sandy McLeod present Youth Awards to Cristina Quinteco, Carolyn Darrah and Jeff Thomas of Jasper Place High School's Healthy Relationship Program, and to Jenelle Gartner of Victoria High School in Edmonton. Louise Osland (right) was one of the nominators for the awards.

Bottom: Pictured are Principal Judy Grant (centre) and The Kids for Peace group at Beacon Hill Elementary School in Beaconsfield, Quebec, who received a CAVEAT Youth Award.

Nurturing Collaboration Between Families and Schools

CAVEAT's newest publication documents three case studies of dynamic partnerships for safe schools. The publication follows a year-and-a-half long pilot project conducted by Donna Mitchell, Ph.D in co-operation with CAVEAT and three Hamilton, Ontario schools.

The pilot project, funded by a grant from the Ontario Ministry of Health, involved setting up partnerships with parents, school staff and students so that they could work collaboratively to identify and implement solutions to violence that best respond to the unique needs of their school.

This book can now be used as a blueprint for others wishing to start similar partnerships or improve existing ones. While the partnerships discussed are aimed at developing safer schools, much of the information and tips can be applied to setting up partnerships to deal with other issues as well.

Copies of this publication can be purchased from CAVEAT for $10 each.

Do CAVEAT Volunteers Make a Difference?
Of Course They Do!

Danielle Larsen, a victim of attempted murder and a survivor as an incomplete quadriplegic, had all but given up hope that her basic needs would be met and that her voice would be heard (see Danielle's story in STOPWATCH 1996, Volume IV).

With the help of CAVEAT volunteers in Alberta, Dani is now getting help with her many requirements:

• basic needs
• set-up and operation of her voice-activated computer
• research and manpower for Dani's physiotherapy needs
• support and assistance with Dani's Crime Compensation hearing
• assistance with setting up a bookkeeping system for Dani's accounts.

Dani is eager to help others through her work as a volunteer for CAVEAT. The ripple effect can work in a very positive way.

Support Group Started in Alberta

Noel and Joyce Farion started a support group in their home in 1996 so that families who have lost someone to murder can have a place to talk freely about their loss and pain. After investigating other bereavement groups, Joyce found that losing someone to murder had a different 'edge' than losing a loved one to disease.

The support group grew slowly as victims began to hear about it. In the fall of 1996, Joyce spoke at an umbrella meeting of bereavement groups. Her presentation sparked the interest of these groups to the special requirements of homicide victims. The support group is now facilitated by a trained bereavement counsellor, and victims are learning how to deal with the pain, anger and frustration of losing their loved one to violence.

Such specialized assistance would not be possible without the volunteer efforts and the generosity of dedicated CAVEAT volunteers, Noel and Joyce Farion.

Bernardo Tape Controversy Resurfaces

On January 23, 1997, after a 2-year investigation, the Ontario Provincial Police charged Bernardo's former lawyers, Ken Murray and Carolyn MacDonald, with the obstruction of justice for failing to turn over videotapes removed from the Bernardo home.

The tapes, depicting the sexual torture of Kristen French and Leslie Mahaffy, were in Mr. Murray's possession for 15 months before they were turned over to the court. The videotapes, which show both Bernardo and Homolka sexually assaulting the young girls, were ultimately crucial evidence in Bernardo's murder trial. However, the Crown had already reached a plea-bargain deal with Karla Homolka, his ex-wife, in which she agreed to testify against Bernardo in return for a 12-year sentence on two counts of manslaughter. Justice Archie Campbell, in an earlier review, concluded that the plea-bargain deal between the Crown and Homolka would never have taken place had the Crown known what was on the tapes.

The trial of Mr. Murray and Ms. MacDonald is expected to address an issue which has been a legal gray area--the difficulty in determining where to draw the line between a lawyer's duties as an officer of the court and his duties to his client. How far should a lawyer go to defend his client and protect solicitor-client privilege? Mr. Murray has claimed that "members of the legal profession, understand that a lawyer's obligation to his client, solicitor-client privilege aspect, supercedes just about every other obligation that we have." (The Sunday Sun, October 15, 1995)

It is a fundamental cornerstone of our justice system that an accused is innocent until proven guilty in a court of law. The accused also has the right to remain silent. As an extension of that right the accused is guaranteed confidentiality in any discussions with his defence counsel. However, as an officer of the court the defence cannot secrete, hide or withhold evidence to which he has been directed by the accused.

Lawyers claim that every case is unique and that reconciling their duty to the client and their duty to the public is always an ethically complicated issue.

Hopefully, the trial of Mr. Murray and Ms. MacDonald will serve to define more clearly the seemingly contradictory duties of counsel.

CAVEAT Attends Police, Parole and Corrections Conference

CAVEAT members Dawna Speers and Carole Walzak attended the Zone 3 Police, Parole, and Corrections Conference recently held in Toronto. The day-long conference was sponsored by various member groups within the justice system, including: the Canadian Association of Chiefs of Police, the Ministry of the Solicitor General of Canada, Correctional Service of Canada, the Ontario and National Parole Boards, the Ontario Ministry of the Solicitor General and Correctional Services, the OPP, and several Toronto area police services. The purpose of this annual conference is to share information with members in an effort to create a more efficient partnership and understanding within the various sectors of the justice system.

The sessions began with selected speakers giving an overview of some of the problems facing justice organizations today, including the increasingly serious problem of gang activity both within the prison system and on the street; the more personal issues such as racial bias versus the human needs of the offender; the special needs of Aboriginal citizens and ways for police to address Native justice requirements; and an explanation of how to focus on the criminality of an action rather then on the race or ethnicity of the individual involved.

Between sessions, participants had time to view a display of homemade weapons and drug-carrying paraphernalia, as well as to discuss problems, renew acquaintances and make new friends, all of which made for a most informative and interesting day.

Looking for that special gift?

Don't forget about CAVEAT's new Gift Catalogue. Choose from over 15 unique items made by Canadian artists and craftspeople. Shop and support CAVEAT at the same time! All proceeds go to CAVEAT.

If you did not receive a copy of the catalogue with your last issue of STOPWATCH, please contact CAVEAT. We would be glad to send you one!

CAVEAT Auction for Action '96

Over 200 CAVEAT supporters turned out for an evening of fine dining and friendly bidding at Auction for Action '96. The 5th annual event, which is CAVEAT Head Office's major fundraiser, was held November 14, 1996 at the Hillcrest in Hamilton, Ontario.

The evening featured over 190 silent auction items and 17 live auction items, including a 16-foot red cedar canoe, a golden retriever puppy and a Donovan Bailey autographed, framed T-shirt. Also available was the treasure chest prize of an 18 kt gold blue sapphire and diamond cluster ring, donated by Williams Distinctive Gems.

CAVEAT would like to thank our Master of Ceremonies Morag Smith, our Auctioneer Walter Mercer, our Acquisitions Co-ordinator Elaine Keire and all of our donors, guests, and volunteers who helped make this evening a success.

Thank You...

Metropolitan Toronto Police Association

CAVEAT was recently presented with a $5000 cheque from The Metropolitan Toronto Police Association at "A Celebration of Giving". The MTPA presented several contributions to charitable organizations supported by their membership. The money was raised from the MTPA's hosting of four Garth Brooks concerts in Southern Ontario in September 1996. Pictured are CAVEAT's Johanne Cyr-Wright (centre) with MTPA President Paul Walter (left) and MTPA Director of Civilian Member Services Don Courts (right). CAVEAT thanks the Metropolitan Toronto Police Association for its very generous contribution.

Welsman Bros. Band

The Welsman Bros. Band recently held a "Bash the November Blahs" evening at Taskers Bar & Grill in Toronto. The 350 tickets sold out one week prior to the event that raised $3200 for CAVEAT's work. CAVEAT thanks Paul Welsman (left), Mike Welsman (2nd from left) and Jim Kirby for their work in organizing this event.

5th Annual Ontario Table Hockey Championships

Ron Marsik, 42, of Illinois beat Greg Peden of Mississauga to win this year's table hockey championship in support of CAVEAT, February 1, 1997. The event, sponsored by M.A. Henry Ltd., raised $135 for CAVEAT's work. CAVEAT thanks Mike Pope for his continued support in organizing this event which has raised over $1000 for CAVEAT since 1993.

CAVEAT also gives special thanks to...

• The Rotary Club of Vancouver which gave $2300 to CAVEAT BC for the purchase of a new, much needed computer,
  
• Pasword Communications Inc. which donated $1463 to cover CAVEAT's answering service costs for the year,
  
• The Zonta Club of Burlington I which donated $1000 and presented Priscilla de Villiers with a Zonta Founders Award,
  
• The London Police Association for its kind contribution of $1000, and
  
• The Canada Trust Wishing Well Staff Charity Fund (Western Lake Ontario Region) for its generous total donation of $990.

CAVEAT relies upon the generosity of individuals, organizations and community groups for funding. Without such financial support, we could not continue our valuable work.

We kindly thank all of our members and donors.

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