Tainted Trial

These guys were not just acquitted they were declared innocent. Something the court did not do for Stephen Truscott.

Superior Court Justice Mary Lou Benotto ruled yesterday that New Jersey-based Armour Pharmaceutical Co. and the four doctors, including a former top Canadian Red Cross official, behaved responsibly in distributing HT Factorate.

"There was no conduct that showed wanton and reckless disregard. There was no marked departure from the standard of a reasonable person," she told a packed University Ave. courtroom. "On the contrary, the conduct examined in detail for over 1 1/2years confirms reasonable, responsible and professional actions and responses during a difficult time.

"The allegations of criminal conduct on the part of these men and this corporation were not only unsupported by the evidence, they were disproved," she said. "The events here were tragic. However, to assign blame where none exists is to compound the tragedy."

While in other countries corporate officers and politicians went to jail over the tainted blood scandal in Canada the government passed legislation to forgive government ministers and politicians and bureacurats responsible for the tainted blood scandal. So the Judge ruled accordingly. What is good for the goose is good for the gander. And the rest of us be damned.

In his 1997 report on the country's tainted blood scandal, Justice Horace Krever strongly criticized Canada's reaction to the AIDS crisis. Krever said the decision by Red Cross officials to exhaust their supply of untreated blood products before switching fully to safe heat-treated concentrates in 1985 was especially careless.

Victims of tainted blood reacted with seething disbelief. "People were infected and people died," John Plater of the Canadian Hemophilia Society said outside the courthouse, his voice rising in anger.

"How that could possibly be considered reasonable behaviour is beyond us."

Mike McCarthy, who contracted hepatitis C from tainted blood, went further, saying the judgment was a "miscarriage of justice." He called on the Crown attorney to appeal the acquittals.

But David Scott, a lawyer for a senior Health Canada official who was acquitted, said "these charges should never have been laid. It was a mistake from the beginning and people's lives have been brutally affected by them."

Eddie Greenspan, lawyer for the former head of the Red Cross blood program, described the ruling as "absolute vindication and complete exoneration" on a scale that is rarely seen.

"The bottom line is that there was no criminal conduct by anyone who was in charge. The bottom line is that Canada was well served by people who made these decisions."

Defence lawyers said that, given the exoneration, they will seek to have the legal fees of the accused reimbursed and may even launch lawsuits for malicious prosecution.

Proving once again that the courts in Canada uphold the state and business interests against the public interest.

In our free enterprise system, there is no legislation to oblige an employer to remain in business and to regulate his subjective reasons in this respect . . . . If an employer, for whatever reason, decides as a result to actually close up shop, the dismissals which follow are the result of ceasing operations, which is a valid economic reason not to hire personnel, even if the cessation is based on socially reprehensible considerations.

If Conrad Black had been put on trial in Canada he would have been acquitted.



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Abolishing Adolescence

Says the daddy of Alberta neo-cons; Ted Byfield.

One of those old-style teachers, who died in the early '50s, was Sir Richard Livingstone, a classics prof and educational philosopher.

Livingstone defined what he called "educable ages" of human beings.

We are most educable, he said, when we're very young, least educable in the teen years and early 20s, and become highly educable again as adults.

In effect, he was abolishing the whole concept of the teen-ager, the adolescent.

If nearly everybody at 12 or 13 joined the work force, they would in fact become part of the adult world.

Wait a minute weren't he and his neo-con pals the same ones that want to raise the age of sexual consent to 16. Decrying any sexual relations between teen agers and adults as child abuse and equating it with child porn. Yep they were.

And they are of course the same ones who want the age lowered, perhaps to 10, to be able to try teen-agers and children as Adults for crimes like murder. And we recently say how effective that was with the Stephen Truscott case.

Ted is the Pater Familas of the Byfield clan, whose influence is spread through out Canada's social conservative political lobbies.

Ted created the conservative weekly St. Johns Edmonton Report, which later became Alberta Report ,as part of a tax free religious charity associated with St. Johns Boys School. A school founded on the principle's of same sex education and spare the rod spoil the child.

At least one blogger noted this would be a return to the 19th Century use of child labour. Actually child labour in Canada was abolished through Factory Acts beginning in the late 19th Century. In Alberta child labour laws were not passed until 1917. And now child labour has returned in B.C. and Alberta.

And perhaps this is the real subtext of what Byfield is saying, since Alberta and B.C. are suffering from massive labour shortages.

Adolescence and the concept of the teen-ager began after WWI with the post war boom and the consumer culture created by Fordism. It became a mass cultural phenomena world wide after WWII. It is the result of the post war baby boom and concurrent development of post war industrialization. By the late fifties and early sixties, teen agers were in news first as juvenile delinquents, then as student rebels. The rise of the student movement and an anti-war culture, would result in the development of the New Left.

For the post Viet-Nam new right it became a simple formula; abolish adolescence and you abolish rebellion. And in their political agenda there are only children and adults.

In fact this idea of children between 12-21 being adults is a throw back to an much earlier age. The Medieval Age. Which is where Byfield remains to this day.

Of all the books on childhood in the past, Philippe Aries's book Centuries of Childhood is probably the best known; one historian notes the frequency with which it is "cited as Holy Writ. " (18) Aries's central thesis is the opposite of mine: he argues that while the traditional child was happy because he was free to mix with many classes and ages, a special condition known as childhood was "invented" in the early modern period, resulting in a tyrannical concept of the family which destroyed friendship and sociability and deprived children of freedom, inflicting upon them for the first time the birch and the prison cell.

To prove this thesis Aries uses two main arguments. He first says that a separate concept of childhood was unknown in the early Middle Ages. "Medieval art until about the twelfth century did not know childhood or did not attempt to portray it" because artists were "unable to depict a child except as a man on a smaller scale."(19) Not only does this leave the art of antiquity in limbo, but it ignores voluminous evidence that medieval artists could, indeed, paint realistic children.(20) His etymological argument for a separate concept of childhood being unknown is also untenable.(21) In any case, the notion of the "invention of childhood" is so fuzzy that it is surprising that so many historians have recently picked it up.(22) His second argument, that the modern family restricts the child's freedom and increases the severity of punishment, runs counter to all the evidence.

The idea that adolescence was not recognized as a category of development separate from both childhood and adulthood is a more subtle distinction, but only just. The primary evidence concerning this outlook is the lack of any term for the modern-day word "adolescence." If they didn't have a word for it, they didn't comprehend it as a stage in life.

This argument also leaves something to be desired, especially when we remember that medieval people did not use the terms "feudalism" or "courtly love." And again, there is some evidence to refute the assumption. Inheritance laws set the age of majority at 21, expecting a certain level of maturity before entrusting a young individual with financial responsibility. And there was concern expressed for the "wild youth" of teenage apprentices and students; the mischief that youth can cause was frequently seen as a stage that people pass through on the way to becoming "sad and wise."

In towns and cities, children would grow to become the laborers and apprentices that made a craft business grow. And here, too, there are signs that society as a whole understood the value of children. For example, in medieval London, laws regarding the rights of orphans were careful to place a child with someone who could not benefit from his death.

Among the nobility, children would perpetuate the family name and increase the family's holdings through advancement in service to their liege lords and through advantageous marriages. Some of these unions were planned while the bride- and groom-to-be were still in the cradle.

"The psychodynamics of mystics, their symbol formations and their actions are based on excessive early trauma. . . . There is evidence that medieval mystics
were deprived and also emotionally and sexually abused as children."
-- Childhood and Fantasies of Medieval Mystics, Dr. Ralph Frenken

". . . Frenken's mystics each attempted to achieve their desired transcendent knowledge, albeit through perverse methods resulting from their horrid childhoods -- they were merely attempting to create psychic homeostasis."

"The production of pain, bleeding, religious symbol scarification, self-flagellation
and wearing body-injuring garments all served the mystics' purpose of achieving unity with the divine as a substitute for childhood psychic abuse, of merging with an idealized Mother and as a defense against normal sexual emotions."

"Whatever ecstasy they may have achieved was short­lived because it
never addressed a resolution of childhood trauma."

-- Jerrold Atlas, Ph.D.

The idea of childhood is disappearing.

Writing a new preface three years ago for the re-released version of the book, Postman, who teaches media and political culture at New York University, confessed that, "sad to say," he saw little to change in his 1982 text. "What was happening then is happening now. Only worse."

In Postman's view, the postmodern culture is propelling us back to a time not altogether different from the Middle Ages, a time before literacy, a time before childhood had taken hold as an idea. Obviously, there were children in medieval times, but no real childhood, he says, because there was no distinction between what adults and children knew.

Postman's book recalls the coarse village festivals depicted in medieval paintings - men and women besotted with drink, groping one another with children all around them. It describes the feculent conditions and manners drawn from the writings of Erasmus and others in which adults and children shared open lives of lust and squalor.

"The absence of literacy, the absence of the idea of education, the absence of the idea of shame - these are the reasons why the idea of childhood did not exist in the medieval world," Postman writes.

Only after the development of the printing press, and of literacy, did childhood begin to emerge, he says. Despite pressures on children to work in the mines and factories of an industrial age, the need for literacy and education gradually became apparent, first among the elite, then among the masses. Childhood became defined as the time it took to nurture and transform a child into a civilized adult who could read and comprehend complex information. The view American settlers was that only gradually could children attain civility and adulthood through "literacy, education, reason, self-control and shame."

It was during that time, Postman notes, that public education flourished, that children began celebrating birthdays and that a popular culture especially for kids developed around games and songs. Postman places the high-water mark for childhood at between 1850 and 1950.

"Childhood was invented in the seventeenth century."

So begins chapter seven of Neil Postman's Building a Bridge to the 18th Century. I highly recommend the entire book, but this chapter in and of itself deserves special consideration. Postman was a brilliant writer and social critic, rest his soul, and I wouldn't presume to improve on his presentation. What I can do is summarize and tantalize enough that you'll head out to the nearest library and pick up a copy of the book yourself. Or at least internalize and spread the meme.

Of course children existed prior to the seventeenth century, but that's not the same thing at all. Childhood is a social construction, a collective agreement to set aside some time between infancy and adulthood largely free of responsibilities that is enforced by behaviors, social norms, and laws. (What this time is for is a major question that we'll get to later.)

Surveying Children and Childhood

Hugh Cunningham has taken on a formidable challenge in this book: describing the history not only of the Western idea of childhood, but the actual experience of children over a span of nearly five hundred years.

The book first explores the evolution of ideas about childhood in the Western world. Beginning with a brief but lucid examination of the classical and medieval world, where the most important change in the notion of childhood came with the spread of Christianity, Cunningham turns to the period beginning about 1500. His aim here is to describe the rise of what he calls a "middle class ideology of childhood." This ideology has its origins in the thinking of a succession of figures, the first of whom was Erasmus. Erasmus's stress upon the importance of the father and of education--for boys, at any rate--was the first step in the creation of a distinctly modern vision of childhood. Interestingly, Cunningham argues that the Reformation's importance was in advancing the notion of the importance of education for Catholics and Protestants alike. Though he concedes that there were differences--the Puritan obsession with original sin and the Catholic elevation of the priest above the familial patriarch, for example--Cunningham prefers to stress continuities across the religious divide. John Locke, the next important contributor in Cunningham's view, was important for undermining the idea of original sin, and for encouraging the secularization of the western ideal of childhood. It was left for Rousseau to follow Locke's secular ideal to its logical conclusion: nature, rather than the Church, should be the director of a child's growth. These romantic ideals were immensely influential among educated Europeans, and were popularized still more after the publication of Wordsworth's "Ode on Intimations of Mortality from Recollections of Early Childhood." This work, says Cunningham, "came to encapsulate what was thought of as a romantic attitude to childhood: that is, that childhood was the best part of life" (p. 74). And unlike Locke's own gendered notion of childhood, Wordsworth and Rousseau made no distinctions between boys and girls; children of both genders were "godlike, fit to be worshipped, and the embodiment of hope" (p. 78).

Of course these ideas were the product of elites, and until the nineteenth century rarely applied to any other children, as Cunningham recognizes. The rest of his book traces the ways in which this "middle class ideology" came to be applied to all children. In the early part of the period, Erasmian prescriptions had no place in the experience of the vast majority of children, who were trained from about the age of seven to take their place in the adult world of work. But beginning in the seventeenth century, education, sponsored by churches and lay charity, began to have a broader impact. Many of the free schools founded in English towns in the period, for example, followed, if only loosely, Lockean ideals. While their goal was usually to teach a useful trade, they also provided literacy skills and made the experience of schooling more common for the non-elite majority.

Industrialization, Cunningham argues, did little to alter the structure of the family, but it radically changed the experience of its members, as people moved from agriculture to industry. Children, accustomed to work in the fields, quite naturally took their places in the factory work force. Here the Romantic ideal began to have its effect upon the majority of children, as middle class reformers pressured Western states to limit the impact of industry upon children. A hallmark of the century after 1750, Cunningham tells us, was the dramatic increase in state intervention in child-related matters. Regulation imposed upon child labor was one feature of these policies. Eighteenth-century governments had deliberately encouraged the rapid introduction of children into the work force, teaching them trades, but by the mid-nineteenth century the goal was to exclude them from the shop floor. Most important of all was the introduction of compulsory schooling. Although feeble state efforts at requiring education had been underway since the early eighteenth century, it was not until the latter half of the nineteenth that school became a common experience for all.

While compulsory education reinforced the Romantic ideal of childhood, Cunningham points out that Western states had far more in mind than assuring fun and games for youth. Increasingly sophisticated economies required sophisticated skills. Schools served the interests of governments and their rulers: children pledged allegiance, saluted portraits of kaisers and kings, and learned about the benefits of the status quo. Moreover, the state's increased role in the lives of children--not simply through schooling, but also through public health programs and social work, both of which emerge simultaneously with the public school, "entailed an unprecedented degree of surveillance of the working-class population" (p. 168). Despite the utility of such policies for governments, there is no doubt but that the Romantic ideal of childhood dominated public action. Even science did more to serve the ideal than challenge it; pediatrics, a branch of medicine unknown much before the turn of the century, helped ensure a dramatic fall in infant mortality rates, a shift Cunningham emphasizes is of great importance.

SEE:

Jamestown; The Birth of Capitalism

Smurfs are Commies

Oliver In Alberta

Temp Workers For Timmies

Foley's Follies=Sexual Harassment

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Fundamentalists, Christians,

Who Killed Lynne Harper?

I see a Blogging Tory has picked up on the fact that Steven Truscott was not declared innocent. He was acquitted of a crime, which means he is 'not guilty'. Hello.

You cannot be declared innocent under Canadian law because well you are innocent, until proven guilty. Once proven guilty you can only be 'acquitted'. Is that so hard to understand?

You can however be declared 'innocent' by the court, however that cannot be done in an appeal case. It requires a new court case.

Though the court concluded that Truscott's conviction was a "miscarriage of justice," they fell short of declaring him factually innocent. Lockyer said without DNA evidence available to clear him once and for all, the declaration of complete innocence is impossible.

Of course the Blogging Tories are the same folks who considered Maher Arar a terrorist even after he was found to have been framed up by the RCMP and CSIS.

And like the Arar case they are all upset over the idea that a man wrongfully jailed may be entitled to compensation.

The judge mulling Steven Truscott’s right to compensation says the issue turns on the fact Truscott was not declared innocent.

In this case the bleeding heart Tory is sympathetic to the Harper family who believes in their heart of hearts that Truscott is guilty. Of course Lynne's father believes that, he has too. His world shattered the day his daughter died.

Like a lot of other folks he was stationed at the military base in the town.

At the time of Lynne's killing, the Harpers had only been living at RCAF Clinton, a base in southwestern Ontario, for about two years. Mr. Harper was a flight lieutenant. His wife, Shirley, stayed home to care for their three children, Lynne, 12, Barry, who was in Grade 10, and Jeffrey, who was only four years old when Lynne's body was found in Lawson's Bush.

And he would have known this guy who may have been the real killer.

A convicted pedophile stationed at the RCAF base at Clinton at the time of Lynne Harper's death. The OPP learned about him in 1997 after being contacted by a retired London, Ont., police detective, who felt the man was capable of murdering a child.

The man had pleaded guilty to sexual offences and possession of child pornography in the late 1980s. When police searched his house in connection with those offences, they found an eight-volume transcript of Truscott's hearing before the Supreme Court of Canada in 1966-67.

An airman who had been stationed at Clinton prior to 1959. He was stationed at Aylmer at the time of the murder, but had a home in Seaforth, close to the base, which he visited frequently.

He was identified by CBC's the fifth estate as Sgt. Alexander Kalichuk, who died in 1975.

MACINTYRE: In the 1950's Clinton was a military base … home and workplace for thousands of airmen …among them, at least one troubled individual whose medical files should have flagged him as a suspect.

Two years ago the fifth estate, assisted by the National Archives in Ottawa, retrieved a 900 page dossier on an acquaintance of the Harper family, once stationed at Clinton … a sexual predator with an unhealthy interest in young girls.
His name was Alexander Kalichuk.

Sgt. Kalichuk was a troubled man, a heavy drinker with a history of sexual offenses. He lived in this farmhouse with his wife and three children ... less than a 20 minute drive from the Clinton base. He worked as a supply technician there until 1957... He transferred to another base, in Aylmer, about a one hour drive away ... but made frequent trips back to Clinton ... where Lynn Harper's father was the senior supply officer.

Kalichuk's record of sex offenses went back at least a decade. In 1950 he had two convictions for indecent exposure in Trenton, where he was stationed.

About three weeks before Lynne Harper's murder he stalked three young girls on a country road outside St. Thomas. When two of them had gone home, he tried to lure the third into his car. Nancy Knowles … now Nancy Davidson …was 10 years old.

Today she remembers how the car followed at a distance until she was alone.

DAVIDSON: He asked me if I would come around and get in the car because he wanted me to pick out the prettiest present and I said, No. And then he pulled out - he had this brown paper bag and he pulled out this underwear.

MACINTYRE: Little kid's underwear.

DAVIDSON: Yeah, yeah.

MACINTYRE: And what did he want?

DAVIDSON: He wanted me to pick out the prettiest pair of underwear. He had a bottle between his legs. His eyes were bulgy and he had that glassy look and there were dark circles and I knew he was drinking and I just wanted to get away.

MACINTYRE: Kalichuk was caught and charged and appeared in Elgin County court a week later.

In spite of his prior convictions, the judge released him with a warning.
Three weeks after Lynne Harper's murder, Kalichuk entered a psychiatric hospital. According to records he was suffering from anxiety, depression and guilt.

Kalichuk was released but apparently far from cured. A heavily censored confidential military memo about "Sgt Kalichuk's aberrations" warned cryptically that when he was later posted at a base near Clinton, ongoing incidents were serious enough to get into the local paper.

In fact, police were warning about the activities of an unidentified molester who was preying on young girls from a car ... through all of which, Sgt. Kalichuk managed to avoid particular attention as a suspect ....in those incidents ... and, most significantly of all, in the murder of 12-year old Lynn Harper.

Kalichuk spent the rest of his life in and out of psychiatric hospitals and died in 1975 from alcoholism.

JULIAN SHER: Alexander Kalichuk is really just the worst example of a long list of potential suspects ignored that showed that the military and the police really were not interested in a serious investigation into who killed Lynn Harper.

The producer of the fifth estate documentary on Truscott two years ago continued to investigate the case independently … and has now written a book: Until You are Dead. Julian Sher.

SHER: In any rape case it would be normal for the police to investigate likely suspects in the area, people with a history of, of rape convictions, sexual deviants. In this case police didn't do that. Within 24 hours they focused on Steven. We uncovered names of people the police could have looked at. There was a man doing electrical repair work on the base who knew the Harper's who, according to one member of his family, said after Lynn Harper's murder, She had it coming to her. He had a rape conviction several years prior to the murder. He was never looked at. There was a lifeguard on the base and Lynn Harper was a very active swimmer who, according to members of his family, continued to engage in forms of sexual abuse and assault throughout the '60s and always was very nervous about the Harper case. He was never investigated by police. There were other men around the area who had known convictions and the police clearly didn't do their basic homework.

A new investigation into the case is needed since this was clearly a 'miscarriage of justice'. Now it is a case of actually finding Truscott innocent that would require a new police investigation.

Ontario Provincial Police Commissioner Julian Fantino is not ruling out a renewed search for Lynne Harper's real killer, but he admits his officers would face "major hurdles" in trying to solve the murder for which Steven Truscott was wrongly convicted in 1959.

But the likelihood of that happening is moot.

"The trail has gone cold," Sher said. "A lot of these people are dead. I think that unlike the cold cases on TV, this case is going to stay cold because there was never a serious investigation back in 1959."

The point remains that this was a case of a miscarriage of justice from the start,and the result could have meant the hanging of a 14 year old Steven Truscott.

In 1959, Truscott, then 14 years old, was sentenced to hang for the rape and murder of 12-year-old Lynne Harper. The case was a spectacle from the start, as Truscott became Canada's youngest death row inmate, spending 31/2 months in a "death cell" before his sentence was commuted to life in prison.

And it appears that part of the problem was an over zealous cop who decided not to investigate further since he had his boy. Unfortunately this is a common practice that has led to other innocents being railroaded for crimes they did not commit.

Pathologist's kin supports ruling

The pathologist's original conclusions allowed for a time of death much later than 7:45 p.m. -- perhaps even the next day,when Truscott was in school and therefore couldn't have committed the crime.

In October 2004, Julia Penistan told the Stratford Beacon-Herald she thought Truscott's conviction should be overturned and she believed her father faced pressure to support the police theory that Truscott was the murderer.

MACINTYRE: The lead investigator in the Harper murder case was a senior Ontario Provincial Police officer from Toronto … Inspector Harold Graham.
His quick disposition of the case and the conviction of Steven Truscott made Graham a legend among Ontario policemen and, before he retired, he'd become the OPP commissioner.

Graham died recently … adamantly rejecting our requests to discuss his biggest bust.

But at least one of his colleagues harboured serious misgivings. He was Corporal John Erskine …one of the three lead officers in the Harper murder investigation.

HARRIS: Well, he was a perfectionist in everything he did. Like it had to be done right or it wouldn't be done at all.

MACINTYRE: Dee Harris is Corporal Erskine's widow and she remembers how he became increasingly distressed by the case.

HARRIS: Oh not right at the start. It was later on in the investigation. He said at that time after he had looked at different fact that he said, I'm sure he's not guilty.

MACINTYRE: But the boss … Inspector Graham … had his mind made up, so the corporal kept his opinion to himself … His widow is still troubled by it.

HARRIS: All the police officers would come back to our house. I know Graham definitely felt he was guilty. He was convinced right at the start. The first day pretty well. You can't decide an investigation in the first day whether they're guilty or not guilty. You don't have enough facts to go on.

MACINTYRE: But after the first day of the Harper murder investigation Inspector Graham clearly believed he had his murderer … even though he originally thought the murder probably happened at 9 o'clock … when Truscott was home watching television.

MACINTYRE: That crucial detail quickly changed. As the police and prosecution prepared their case against their prime suspect in the fall of 1959.

Documents recently uncovered suggest that they suppressed crucial evidence supporting Truscott's claim of innocence.

There was a statement by a nine year-old girl, in clear and accurate detail, that Steven and Lynne crossed the bridge on his bike just as he and two other boys said he did. Neither the defense nor the jury ever saw that statement.

Mrs. Harper testified that is was unlikely that Lynn would ever hitch-hike. But according to three police reports, that's exactly what she and her husband first suspected when Lynn went missing. Neither defense nor jury ever saw those reports.

If there was one piece of evidence that sealed Steven Truscott's fate it was the report by the pathologist, Dr. Penistan, that she died shortly before eight o'clock in the evening of June ninth, 1959. But Dr. Penistan changed his mind about that seven years later … after what he called "an agonizing reappraisal".

He told Harold Graham … by then the assistant OPP commissioner … that Lynne Harper's death could have been at any time in a 48 hour period. Significantly, this was in May of 1966 … just as the Supreme Court of Canada was about to review the Truscott case … It might have been a bombshell … if the justices had known about it. But somebody struck Penistan's name from the list of prospective witnesses before the hearing started.

In the end Justice has been served. The Truscott case opened the debate on capital punishment in Canada, and for fifty years stood as the example of the horror of state murder of someone who could be innocent.

We've come a long way from the good old days when hanging anyone - let alone a teenager - was an acceptable form of justice. Each time we hear of a murder conviction overturned we give thanks that Canadian lawmakers rejected the state's role as executioner. Each time a conviction is overturned we become more determined that our prison system is one that protects the public, but also treats its inmates with some dignity.

Amen.

Ironically it was a Conservative government which commuted Truscott's death sentence.

The Conservative government under then prime minister John Diefenbaker commutes Truscott's sentence to life in prison.

Our New Conservative government would not be so forgiving given their rhetorical fixation on Law and Order and punishing Young Offenders as Adults. After all Harper ain't no Dief the Chief.


SEE:

Say No To Capital Punishment

Why I Oppose Capital Punishment

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Say No To Capital Punishment

Two little words this morning prove why Capital Punishment, murder by the state , is never justified.

Steven Truscott.

For fifty years he awaited justice, while the justice system failed him and Lynne Harper the victim of a brutal rape murder. This morning the Ontario Court of Appeal acquitted him.

Acquittal, but not innocence, likely for Truscott

Sentenced to death in 1959 for the murder of a 12-year-old, there is no avenue for the Canadian legal system to declare him innocent

The real sexual predator who brutally raped and murdered Lyn escaped justice, while Truscott suffered from a justice system that saw him as their best bet for conviction and would not be deterred by facts to the contrary.

Fifty years, the life of a man, to appeal an injustice, resulted finally in justice being served. Truscott is an excellent case for why capital punishment is never justified, it is an irreversible judgment.

No other crime in Canada has divided public opinion as much as the tragic story of the June 9, 1959, murder of 12-year-old Lynne Harper, for which Truscott, then 14, was ultimately convicted. He was the youngest person ever sentenced to death in Canada (his death sentence was later commuted to life imprisonment). Still protesting his innocence, he began serving his sentence. His appeal to the Ontario Court of Appeal was dismissed. Leave to appeal to the Supreme Court of Canada was denied.

Public opinion ran passionately in favour of his guilt. Pierre Berton had written a sympathetic verse in this very paper a week after the trial and later said he had never known a more violent response to any column he had ever written.

He was called "a sob sister for a monster" and callers expressed the hope that his own daughter would soon be raped. Yet, seven years later, the tide of opinion shifted spectacularly.

The public came to believe that Steven's trial suffered from serious deficiencies, questionable expert testimony and unfairness to the accused. The case was discussed everywhere, including the House of Commons. All because of Isabel LeBourdais, who had published The Trial of Steven Truscott in March 1966. The book was a passionate, emotional defence of Steven Truscott and a scathing denunciation of his trial. She was named woman of the year by The Canadian Press.

Isabel LeBourdais, whose book raised questions about the Truscott investigation, talks with Steven Truscott in 1968 outside Collins Bay Penitentiary.

The doubts raised by the book and the language in which these doubts were framed struck a nerve deep in the Canadian consciousness. As a result of the book, the minister of justice, for the first time in Canadian history, directed a reference to the Supreme Court of Canada as to the propriety of the conviction. It is also the first time in which that court heard live testimony.

The Supreme Court affirmed the conviction on May 4, 1967, but doubts remained. Justice Emmett Hall, one of the most eminent judges of the court, wrote a powerful, passionate and stinging dissent and would have directed a new trial. He sharply criticized the conduct of the Crown. An already inflamed public, he said, was further inflamed by the Crown's improper suggestions and the trial judge's improper charge to the jury. Many Canadians believed that of the nine judges on the Supreme Court, only Justice Hall got it right.

Because of the Truscott Case capital punishment in Canada was reconsidered and eventually removed from the criminal code.

Canada banned the death penalty because of fears about wrongful convictions, concerns about the state taking the lives of individuals, and uncertainty about the death penalty's role as a deterrent for crime.

The case of Steven Truscott, who was just 14 years old when convicted of a murder that many continue to believe he did not commit, was a significant impetus (although certainly not the only one) toward the abolishment of capital punishment.

The return to having Capital Punishment in the criminal code is a platform from the old Reform Party that is the base of the Harper Conservatives. And it came up in the Conservative Leadership race.

Tony Clement declared that he believes that capital punishment should be an option for extreme cases. "My personal view is that in the case of serial killers and murderers of police officers, for instance, that it would be appropriate in those circumstances". -- Tony Clement

This decision should bury that forever. But if it doesn't then my reply to the Law and Order right wingers who endlessly lobby for state murder, will forever remain two little words; Steven Truscott.

The first private bill calling for abolition of the death penalty was introduced in 1914. In 1954, rape was removed from capital offenses. In 1956, a parliamentary committee recommended exempting juvenile offenders from the death penalty, providing expert counsel at all stages of the proceedings and the institution of mandatory appeals in capital cases.

Between 1954 and 1963, a private member's bill was introduced in each parliamentary session calling for abolition of the death penalty. The first major debate on the issue took place in the House of Commons in 1966. Following a lengthy and emotional debate, the government introduced and passed Bill C-168, which limited capital murder to the killing of on-duty police officers and prison guards.

Contrary to predictions by death penalty supporters, the homicide rate in Canada did not increase after abolition in 1976. In fact, the Canadian murder rate declined slightly the following year (from 2.8 per 100,000 to 2.7). Over the next 20 years the homicide rate fluctuated (between 2.2 and 2.8 per 100,000), but the general trend was clearly downwards. It reached a 30-year low in 1995 (1.98) -- the fourth consecutive year-to-year decrease and a full one-third lower than in the year before abolition. In 1998, the homicide rate dipped below 1.9 per 100,000, the lowest rate since the 1960s.

The overall conviction rate for first-degree murder doubled in the decade following abolition (from under 10% to approximately 20%), suggesting that Canadian juries are more willing to convict for murder now that they are not compelled to make life-and-death decisions.

All of Canada's national political parties formally oppose the reintroduction of the death penalty, with the exception of the Reform Party which supports a binding national referendum on the issue.

The debate over capital punishment was renewed once again in 1984. There was a free vote in the House of Commons on the topic in 1987. Supporters of capital punishment narrowly lost the vote, 148 to 127. The Bill to reintroduce capital punishment came from Conservative backbencher Gordon Taylor. Taylor initially introduced the Bill to reinstate capital punishment for Clifford Olson in 1986 but the Speaker of the House refused the Bill, as a law cannot be passed relating to a specific person. Taylor therefore changed the Bill to cover all those convicted of first degree murder and mass murders. In the end though, the Bill was not successful.

The debate concerning capital punishment is far from over, and it is an issue that is not likely to end in the near future. For now though, the debate seems to be dormant. Yet at a time when Canadians are demanding that criminals be held accountable for their actions and that justice be put back into the justice system, it is not likely that the call for the reinstatement of capital punishment will ever go away. Poll after poll shows that Canadians support the use of capital punishment in certain circumstances, but the political will is simply not there. The recent acts of terrorism in the United States might spur a renewed call for capital punishment, even if only for terrorist murders.

In 1976, capital punishment was removed from Canada's Criminal Code. After years of debate, Parliament decided that capital punishment was not an appropriate penalty. The reasons for this decision were due to the possibility of wrongful convictions, concerns about the state taking the lives of individuals, and uncertainty as to the effectiveness of the death penalty as a deterrent.

• In 1961, legislation was passed which reclassified murder into capital and non-capital offences. Capital murder referred to planned or deliberate murder, murder that occurred during the course of other violent crimes, or the murder of a police officer or prison guard. At this time, only capital murder was punishable by death.
• On December 10, 1962, Arthur Lucas and Robert Turpin were the last people to be executed in Canada.
• In 1967, a bill was passed that placed a moratorium on the use of the death penalty, except in cases involving the murder of a police officer or corrections officer.
• On July 14, 1976, with the exception of certain offences under the National Defence Act, the death penalty was abolished in Canada. The bill, C-84, passed by a narrow margin on a free vote.
• In 1987, a free vote regarding the reinstatement of the death penalty was held in the House of Commons. The result of the vote was in favour of maintaining the abolition of the death penalty, 148 to127.
• In 1998, Parliament removed the death penalty with the passing of An Act to Amend the National Defence Act and to make consequential amendments to other Acts, S.C. 1998 c. 35.
• In Canada, the abolition of the death penalty is considered to be a principle of fundamental justice. Canada has played a key role in denouncing the use of capital punishment at the international level.
• The Supreme Court of Canada has held that prior to extraditing an individual for a capital crime, Canada must seek assurances, save in exceptional circumstances from the requesting state that the death penalty will not be applied.

SEE:

Saddam and the CIA

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Why I Oppose Capital Punishment

Two words, nouns, proper name;
Steven Truscott.

Autopsy drafts that would have cleared Truscott never given to defense




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