November 11, 1996 - A Mature Point of View

by Tom DesRochers

I hope everyone knows this is Remembrance Day. Used to be a really big thing when I was a kid, but it's not the spectacle it used to be. If, like me, you have uncles & cousins who served overseas, or if you just enjoy living in a free country, tip your hat to a vet today. Better still, drop into the local Legion and buy a round. Your money's good there, and there's not many of the old guys left. Speaking of old guys, did anyone notice the picture the Obiter guys placed in the middle of last week's article? I really don't look that old (yet), but it's only November.

I understand that the mid-term exams have been marked, and most of you in First Year have them back. Didn't do as well as you thought ? Don't get too upset; they do mark them hard. One point I must insist upon is that you sit down with the marking prof, even for just ten minutes, and discuss your exam. Last year I did the Criminal mid-term, and although I didn't blow it completely, I didn't do as well as I'd hoped. Later, I sat down with Professor Slattery, who gave me some excellent pointers on how to locate, approach and explore the different issues, how to frame an argument, cite cases etc. Even if you did well, go and see your prof, and find out what you did right. You won't regret it.

On October 30th, I attended a John White Society debate on parole reform and section 745 of the Criminal Code. As nobody has yet commented on the discussion, I thought this a wonderful opportunity to say something "mature." As a somewhat less-than-objective observer, I found Dr. Ruth Morris to be a very intelligent and honest person, and I applaud her "healing" approach to criminal rehabilitation. I think very few people would disagree that concepts such as the Aboriginal justice system have a great deal of merit, and that crime induced by chemical dependency is treatable. I found Dr. Morris' aversion to revenge as a motivation for punishment was refreshing, and a credit to herself and her Quaker heritage, but here it seems she is fighting an uphill battle against human nature.

If I can illustrate this point with an example; in 1979, the younger sister of a friend of mine was raped and murdered. This year, the killer applied for early parole under S.745. If the killer is successful, my only advice to him would be to find a good plastic surgeon. I'm not condoning vigilante justice, just predicting what is bound to occur if society's need for retributive justice isn't served. Dr. Morris also spoke of the relative few serious offenders she has found to be potentially dangerous; as someone with nearly 16 years experience working in the criminal justice system, I disagree. What I have found is that most habitual criminals are brilliant con-artists, able to convince even the best mental health professionals that society need not fear them.(remember Joseph Fredricks?)

Dr. Morris' assertions shouldn't be dismissed; she may prove to be well ahead of her time, it just seems all too utopian at this point. Until medical science/psychiatry can provide a more viable alternative, federal prisons will remain a necessary evil. As for the other members of the discussion panel, M.P. John Nunziata fared extremely well, despite the setting of the debate, which was slanted very much against his point of view. He put forward a solid case for the repeal of S. 745 and the abolition of parole. The other member of the panel, the former lawyer, lost any credibility he might have had, from my perspective, when describing technical parole violations as "bullshit." I'll remember that the next time a paroled sex offender is arrested by the cops for loitering around a schoolyard.

If you think law school isn't too intellectually taxing, well I've got good news. I thought it would be a good idea to impart some of the knowledge accumulated over the years on those who, well, are not old enough to remember REAL history.

The new segment will be known as: GEEZER TRIVIA... and here's the first question: Every Canadian with a pulse knows Paul Whatsizname scored the winning goal in the final game of the '72 Canada-Russia hockey series. Who scored the goal which tied the game up? Time to separate the men/women from the boys/girls. I'll try and dig up prizes for the first 3 correct answers or whatever, but don't expect much, eh? Talk to you next issue, same bat time, same bat channel.