SNAPSHOTS Welcome to the JANUARY Issue of the National Justice Network Update

January 2006 Volume 13, Issue 1

Hello, SNAPSHOTS Welcome to the JANUARY issue of the National Justice Network Update. As always, our goal is to provide you with OTTAWA’S updates on what bills have been introduced; what stages they COLLABORATIVE are at; who is doing what for victims and what is happening in JUSTICE PROGRAM areas such as young offenders, high risk offenders, conditional release and victims' rights. The Ottawa-based Collaborative Justice Please do not hesitate to contact the office should you have Program (CJP) has a new any problems or concerns. website ~ visit www.collaborativejustice.ca Canadian Resource Centre for Victims of Crime Visit: http://www.crcvc.ca The CJP takes a restorative Email: [email protected] justice approach to serious Phone: 1.877.232.2610 crime. Located in the Ottawa courthouse, CJP ______offers individual support to GUN VIOLENCE DOMINATES ELECTION those affected by crime as the criminal justice process Gun violence, especially recent events in Toronto, has unfolds. The caseworker surprisingly become a major election issue and will be on the supports victims in minds of voters on January 23. The Boxing Day shooting that identifying and addressing resulted in the death of Jane Creba was a sad end to a year their needs while ensuring that saw a record 52 gun deaths in Toronto. that the offender understands the impact of Each party has called for mandatory minimum sentences for his/her behaviour. It those involved in gun violence. There also seems to be provides opportunities for agreement on a proposal for a reverse onus for bail for those both parties, if they desire, charged with gun related crimes. to work together on healing and resolution. Paul Martin has also called for a ban on handguns. The Tories say there is already a virtual handgun ban in Canada. While For more information, there are strict controls on handguns, there are hundreds of please visit the website. To thousands in handguns in homes across the country. read an evaluation of the program, please visit the The Liberals have accused the Tories of killing legislation website for the federal before the House that would have brought in more mandatory Ministry for Public Security minimum penalties for gun crimes, while the Tories have and Emergency countered that the Liberals had twelve years to do something Preparedness. and only introduced the bill in the dying days of Parliament. Bill C-82 was introduced the day before the government fell. FAMILY RELIEVED KILLER WAIVES Critics have pointed out that overall gun crimes are down. They HEARING say it is too early to determine if the problem in Toronto is The family of Sheryl evidence of a trend or just a blip. Some victims have Gardner is pleased to learn complained to the CRCVC that there has been too much of a killer, Ralph Power, who is focus on gun violence while other forms of violence, such as already eligible for 1

murders committed with knives, have been forgotten. unescorted passes and day parole, has waived his right The CRCVC has profiled each of the national party’s justice to a full parole review platforms and provided brief, non-partisan feedback on each. In hearing that was scheduled general, we are disappointed not more has been said about for June 2006. A further assisting crime victims. Tougher sentences are not the same review for full parole has as victims’ rights. No party has a plan to assist victims of a been re-scheduled for May terrorist attack; there is no reference in any platform to creating 2008. a missing person index (DNA Databank); there is no reference to expanding the kinds of information victims can access about This news comes as a relief offenders, etc. to the family who has spent ______the last year using the LIBERAL JUSTICE PLATFORM media to draw attention to Sheryl’s case and to ensure Most of the Liberal platform is focused on gun violence and re- that Power’s DNA was introducing legislation that died when the government fell (visit submitted to the national http://www.liberal.ca/images/dir/PDFs/platform_e.pdf for the DNA Databank. Power, 52, complete platform): was sentenced to life in prison with no chance of parole for 25 years in the Amend the Criminal Code to enable provinces and slaying of model Sheryl territories to prohibit handguns within their borders. It Gardner in her Toronto includes an amnesty and buy-back program to collect apartment. Power posed existing handguns. as a telephone repairman Incorporate a national Gunstoppers Program – similar to gain entry to her to the popular Crimestoppers – to provide financial apartment and then rewards for information leading to the removal of an attacked and bludgeoned illegal gun from the street. her with a hammer. Re-introduce legislation that doubles the mandatory

minimum sentences for key gun crimes such as Carolyn Gardner, Sheryl’s trafficking and smuggling of firearms and the illegal younger sister, has worked possession of loaded handguns in public places. tirelessly to gather public $50-million Gun Violence and Gang Prevention Fund support to prevent Power’s and a $50-million Rural Community Safety Plan to potential release. The provide resources for crime prevention initiatives in Gardner family believes smaller communities. strongly that Power still Increase resources for law enforcement; poses a threat to public Re-introduce legislation to restrict the use of conditional safety. Visit sentences for serious/violent crimes; www.PowerNoParole.ca to Help implement DNA databank reforms; learn more about this case Re-introduce legislation to increase penalties for auto and show your support for theft and street racing; and the family. Develop initiatives to combat racism, hate speech and

hate crimes.

CRCVC commentary – Other than the handgun ban and some new spending targeted towards gun violence/law enforcement, there is not much new here. There is nothing regarding assistance for victims of crime, which is unfortunate since the government recently took such positive steps by creating a national parole fund and Victim Office. There is nothing new on DNA other than a commitment to help implement reforms that were already made. ______

CONSERVATIVE JUSTICE PLATFORM

By far, the most comprehensive and controversial justice platform. Listed here are some highlights – for the complete plan, please visit the Conservative Party’s website at http://www.conservative.ca/2023/37909/?PHPSESSID=7164025267baa61ddf9b8e252d784709 .

• Mandatory minimum prison sentences for designated drug trafficking offences, weapons offences, crimes committed while on parole, and repeat offenders to ensure that serious crime results in real punishment. • End conditional sentences (“house arrest”) for serious crimes, including designated violent and sexual offences, weapons offences, major drug offences, crime committed against children, and impaired driving causing death or serious injury. • Create presumption-of-dangerous-offender designation for anyone convicted and sentenced to federal custody for three violent or sexual offences. • Repeal section 745.6 of the Criminal Code – the so-called “Faint Hope Clause” – that allows a criminal serving a life sentence to apply for early parole. • Create mandatory consecutive sentences (instead of concurrent sentences, as is usually the case) for select multiple violent or sexual offences. • Replace statutory release with earned parole/Toughen parole provisions once you have been convicted of committing a crime while on parole, and eliminate parole for life after the third such conviction. • Prevent courts from giving extra “credit” for pre-trial custody for persons denied bail because of their past criminal record or for violating bail. • Create a reverse onus for bail hearings for anybody charged with an indictable firearms offence. • Review the operations of Correctional Service Canada with a view to enhancing public safety. • Hire more federal, provincial and municipal police officers; • Repeal the long-gun registry legislation/Strict monitoring, including tracking place of residence, of high-risk individuals prohibited from owning firearms/Eliminating exceptions to firearms prohibition orders following criminal conviction. • Require the registration/mandatory DNA sampling of all convicted sex offenders and dangerous offenders. • Raise the age of consent from 14 to 16 years of age. • Direct $50 million in funding into community-based, educational, sporting, cultural, and vocational opportunities for young people at risk. • Ensure that anyone 14 years or older who is charged with serious violent or repeat offences is automatically subject to adult sentencing provisions/Amend the YCJA to include deterrence and denunciation as mandatory sentencing principles to be considered. • Establish a national Victims’ Ombudsman Office with a budget allocation equal to that of the Office of the Correctional Investigator to ensure victims have a voice in the federal corrections and justice system/Provide $10 million per year for victim assistance, including support for victim appearances at parole hearings.

CRCVC commentary – We are pleased to see initiatives for victims, including the creation of a properly funded federal Ombudsman and the dedication of sufficient funds. Tories are on the right track with the focus on repeat violent/sex offenders, but are off the mark on scrapping the gun registry. They could have gone further with DNA and how to better deal with high risk 3

offenders released at the end of their sentences. Tory platform received support from various 3rd parties, including the Canadian Professional Police Association, but there has been some criticism from defence lawyers/civil libertarians about removing judicial discretion and the cost of the Tory plan (i.e. building new prisons). ______NDP JUSTICE PLATFORM

The NDP plan also focuses on gun violence. The complete plan can be viewed at the NDP website at: http://www.ndp.ca/page/2766.

- Impose a four-year minimum sentence for illegal possession and sale of restricted firearms. - Target the sale of illegal weapons on the Internet. - Impose a four-year minimum sentence for importing illegal guns. - Strengthen border controls – including arming customs officers at the border. - Deal with criminal gangs by ensuring the RCMP helps form integrated task force units to assist municipal and provincial police forces. - Impose reverse-onus legislation for bail on all gun-related crimes and ensure bail conditions are enforced. Violation of the terms of bail means the termination of bail. - Help police get to the bottom of crimes by protecting witnesses. Strengthen witness protection and support programs to encourage witnesses to step forward and help police without fear of retribution. - Start putting the money and assets seized through proceeds of crime legislation back into the neighbourhoods where the money came from/invest in programs to deal with youth-at-risk. - In the case of gun offences, youth offenders 16 and older will be treated as adults, except in the case of exceptional circumstances. - National Victim Assistance Program ($50 million a year);

CRCVC commentary – In their cost breakdown, the NDP commits $50 million a year to a National Victim Assistance Program. There are no details, but it sounds interesting. The NDP is the only party to recognize difficulties police have in solving gang-related crimes. NDP may lack some credibility on getting tough on crime commitments.

______VICTIM OF SEXUAL ABUSE/CHILD PORNOGRAPHY SPEAKS OUT

Last year, the Toronto police gained international attention when they took an extraordinary step in their search for a little girl, whose image they saw in arrest after arrest of men engaging in child pornography related offences. The photos showed her tied up and raped repeatedly, and police could see her growing older in the photos. Toronto police digitally removed her from the photos — only showing her surroundings — and asked the public for help. Months later, Toronto police learned that her abuser had already been jailed, and that she had been placed with a foster family.

Her name is Masha and she recently told her story to ABC’s Primetime. She was born in Russia. After being taken away from her abusive mother, a divorced 41-year-old American adopted her. Matthew Mancuso found Masha through an adoption agency in Cherry Hill, N.J. He told them he wanted to adopt a five or 6-year-old Caucasian girl, and Mancuso picked Masha out from a videotape sent to him by the adoption agency.

Within days of arriving at this home, Mancuso started raping her repeatedly — and taking sexually explicit photographs.

A police officer in Chicago, posing as a pedophile, traced Mancuso’s Internet address to Pittsburgh. Not long after, federal agents visited Mancuso's home, and were surprised to find Mancuso and Masha outside. Mancuso is now serving 35 years in prison.

Masha has been adopted by a single woman and is reportedly doing well. Masha’s supporters have made inquiries into how a single man could adopt a young girl. Mancuso also abused his own biological daughter (who is now an adult), but she says she was never contacted by adoption authorities prior to Masha’s adoption. The adoption agency relied on a home study prepared by a Pittsburgh social worker.

Masha, now 13, has written to Russian President Vladimir Putin appealing to him to do more for Russian orphans.

US Senators John Kerry (D-Mass) and Johnny Isakson (R-Ga) introduced legislation, known as Masha’s Law, to dramatically increase penalties for anyone who downloads child pornography off the Internet. The current penalty for downloading songs off the Internet is three times the penalty for downloading pornographic materials of children and infants. The bill also will fix the law to allow adults to sue those who download images of them taken when they were children.

Under current law, a victim of child exploitation is entitled to civil statutory damages in U.S. District Court in the amount of $50,000. If someone downloads a song off the Internet, federal copyright law provides for statutory damages to be awarded to the copyright holder in the amount of $150,000. Kerry’s legislation increases the statutory damages a victim of child exploitation can recover to at least $150,000. This increased penalty will serve as a deterrent to those who disseminate and possess child pornography, as well as a means of compensating victims of this terrible abuse. The legislation will also fix a flaw in the current law that prevents adults from suing those who download images of them taken as minors.

To learn more about this amazing young lady, please visit her website at: http://www.mashastory.info/index-1.html.

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NATIONAL PAROLE BOARD EXPANDS INTERPRETATION/DEFINITION OF VICTIM

Earlier this month, the Chairperson of the National Parole Board decided to adopt a more liberal interpretation of the definition of “victim” in the Corrections and Conditional Release Act. The change will result in more victims being able to register with the NPB, more victims being able to attend parole hearings and more victims being able to receive funding to attend federal parole hearings.

The change came after the CRCVC wrote to the Chairperson asking him to reconsider a decision to deny victim status to the ex-wife and step-children of a murder victim. They were denied victim status because they did not meet the definition, which refers to “spouse,” as the person cohabitating at the time of the death, etc.

These individuals had been permitted to provide victim impact statements in court during a judicial review hearing and were recognized as victims for the purposes of a victim-offender dialogue. It was only when they attempted to register with the NPB that they were told they were not victims.

As a result of the change in the interpretation of the law (the law itself has not changed), the ex- wife and step-children were notified that they can register as victims and receive financial assistance to attend an upcoming parole hearing. The NPB and Department of Justice now have a more consistent approach to victims.

The CRCVC would like to congratulate the National Parole Board for their willingness to reconsider their position. It will result in more victims being recognized and receiving the appropriate services.

______ONTARIO PREMIER ANNOUNCES ACTION ON TORONTO GUN VIOLENCE

Premier Dalton McGuinty recently announced a $51-million package of initiatives designed to help police and prosecutors get criminals with guns off the streets. The initiatives will include:

An additional $5 million in immediate funding to support the Toronto Police Service's offensive against guns and gangs to allow police to set up three new teams of specially trained officers. Over 150 new officers on the street in Toronto. Over 30 Crown prosecutors dedicated to prosecuting gun crimes, including 10 who will provide dedicated expert advice to the Toronto Police Service. Expanding the OPP's Provincial Weapons Enforcement Unit by 15 officers (for a total of 58) at a cost of $2.3 million. The addition of 12 new victim services staff to provide support to victims of gun crimes. The creation of dedicated major crime courts for trials involving large, complex cases with multiple defendants. More than $26 million in funding to create and operate a new, state-of-the-art Operations Centre for the Guns and Gangs Task Force -- which includes officers from the Toronto Police Service and the OPP -- so it has all the tools, resources and support it needs in one location.

The announcement gained support from Toronto Police Service Chief Bill Blair and OPP Commissioner Gwen Boniface.

In addition, the Ontario Government has announced the creation of a multi-jurisdictional team to coordinate efforts to combat gun and gang violence. The team includes senior civil servants from the City of Toronto, the provincial and federal governments and representatives of the Toronto Police Service, the OPP and the RCMP.