Exploring Criminal Justice in * Rick Ruddell and Sarah Britto, University of Regina

This supplement to Exploring Criminal Justice in provides additional content about crime and the responses of the police, courts, and corrections that is specific to Saskatchewan, including issues related to urban and rural crime and a report card for the province’s justice system. Several noteworthy criminal justice cases that drew international attention are described, including the wrongful conviction of and “starlight tours.” In addition, there is a brief description of executions in Canada that occurred prior to 1976, including a description of the 1885 hangings of the “ Eight” in . Altogether, these cases, events, and information specific to Saskatchewan enable readers to better understand the provincial context that can’t be covered in a textbook that focuses on the entire nation.

SASKATCHEWAN: CRIME AT A GLANCE or questioning (Chief Public Health Officer of Canada, 2016, p. 6). The findings of self-report surveys show that most -in One of the biggest challenges confronting the personnel cidents of family violence are never reported to the police. working within criminal and youth justice systems in Sas- katchewan is the high levels of police-reported crime. Saska- 4.0 3.8 3.6 toon and Regina, which account for almost one-half of the 3.5 provincial population, had the highest and second highest 3.2 3.0 Crime Severity Index (CSI) of the largest Canadian cities in 2015 (Allen, 2016). High levels of crime severity are not iso- 2.5 2.0 lated to the cities, and crime in some rural areas and First 2.0 Nations is also very high—as well as in the provincial North 1.5 (Allen & Perreault, 2015). Saskatchewan is also the national 1.5 1.3 1.3 leader in impaired driving and traffic fatalities, topics cov- 1.0 0.9 0.7 ered in Chapter 2 of the text. 0.6 0.5 While Exploring Criminal Justice described the inter- provincial differences in the CSI, Figures 1 through 5 show 0.0 ­provincial comparisons of homicide, family violence, NL PEINSNBQCONMBSKABBC ­impaired driving, break and enters, and drug use. A review of FIGURE 1 Provincial Homicide Rates (per 100,000 residents), 2015 these figures shows that Saskatchewan led the nation in inci- Source: Adapted from CANSIM Table 252-0051. dents of homicide, break-and-enter offences, family violence, 700 and impaired driving. Saskatchewan also has the second 575 highest drug use crime rates. Of special interest for the people 600 of Saskatchewan is the relationship between overall rates of 500 violence and family violence. The Chief Public Health Offi- cer of Canada (2016) called family violence a serious public 400 314 issue and reports that more than 200 people are victimized 281 300 261 264 238 249 every day and a woman is killed by a family member every 217 four days. Family violence may account for up to one-quarter 200 184 of all crimes reported to the police, and can contribute to a 111 100 number of other health and social problems (Saskatchewan Federation of Police Officers, 2015, p. 43). 0 With respect to family violence, risks of victimization in- NL PEINSNBQCONMBSKABBC crease for women, Indigenous women, people with disabil- FIGURE 2 Provincial Impaired Driving Rate (per 100,000 residents), 2015 ities, and those who identify as lesbian, gay, bisexual, or trans Source: Adapted from CANSIM Table 252-0051.

*The ten provincial summaries follow a common template and although the examples presented in this supplement differ from the other nine, some of the content is very similar or will have identical text. Exploring Criminal Justice in Saskatchewan

600 5 years” (Canadian Centre for Justice Statistics, 2016, p. 3). On any given day in Saskatchewan about 350 clients who were 487 500 violently victimized by a spouse, ex-spouse, intimate partner, or other family members are served by victim service provid- 400 358 ers (Saskatchewan Federation of Police Officers, 2015, p. 97). 314 291 Crime has harmful effects on communities and high 300 266 240 levels of property and violent crime contribute to poverty 216 213 and missed opportunities. For example, an uninsured home- 200 157 155 owner or renter’s home is damaged and possessions stolen 100 in a break and enter. The homeowner has to pay the dam- ages and replace the lost items. What effect will that have on 0 the family’s well-being? In addition to the economic losses, NL PEINSNBQCONMBSKABBC we seldom consider the psychological damages that occur FIGURE 3 Family Violence Victimization Rate (per 100,000 residents), 2014 after being victimized. After being bullied or assaulted, for Source: Adapted from Canadian Centre for Justice Statistics (2016). instance, a person’s long-term feelings of safety, self-worth, and confidence can be damaged and this can reduce the indi- 700 vidual’s ability to form meaningful relationships with others. Finding ways to reduce crime is therefore critical to reduce 600 576 the long-term negative impacts on individuals, families, and 500 490 communities. Throughout the nation crime rates in the North are higher 400 325 than in the southern parts of the provinces. Allen and Per- 297 300 273 277 285 reault (2015, p. 8) report that “Among the 50 police services 235 232 that reported the highest Crime Severity Indexes (CSIs) in 183 200 2013, 32 were located in the Provincial North, 8 in the Ter- 100 ritories and 10 in the South.” In Saskatchewan the total and violent CSI for the provincial North is over four times the 0 national average and was the highest in the country. Allen NL PEINSNBQCONMBSKABBC and Perreault report that the total CSI for the southern part of FIGURE 4 Violations of the Controlled and Substances Act (rate per 100,000 Saskatchewan in 2013 was 111.7 while the North was 540. The residents), 2013 pattern for the violent CSI in Saskatchewan was similar: the Source: Adapted from Cotter, Greenland, and Karam (2015). South was 105.5 while the North was 548.8. Table 1 provides a comparison of crime rates per 100,000 900 830 residents for all of Canada and Saskatchewan and reveals 800 that rates of property, violent, and overall crime in Sas- 684 katchewan are the highest in the nation. Allen and Perreault 700 656 643 (2015) also calculated the CSI for all of the provinces and 600 territories, and Saskatchewan also had the highest rates of 485 500 444 total CSI and violent CSI in the nation. Youth make a con- 395 400 343 340 tribution to crime rates and their involvement in crime 288 300 tends to reflect adult crime rates. As a result, in places where 200 adult crime is high, youth crimes follow the same pattern. Allen and Superle (2016) report the rates of youth crimes 100 0 TABLE 1 Crime Rates (per 100,000 residents) in the North and South: NL PEINSNBQCONMBSKABBC Canada and Saskatchewan, 2013 FIGURE 5 Provincial Break and Enter Offences (rate per 100,000 residents), 2015 Total Total Violent Violent Property Property Source: Adapted from CANSIM Table 252-0051. Crime Crime Crime Crime Crime Crime Rate Rate Rate Rate Rate Rate (South) (North) (South) (North) (South) (North) ­According to the 2014 General Social Survey (GSS) “4 per cent Canada 4,749 10,425 981 2,511 2,984 4,948 of Canadians in the provinces with a current or former (Provinces) spouse or common-law partner reported having been physic- Sask. 9,114 54,978 1,625 11,892 4,962 26,472 ally or sexually abused by their spouse during the preceding Source: Allen and Perreault (2015).

2 Exploring Criminal Justice in Saskatchewan

14,000 13,084 harm (Clairmont & Thomson, 2003). Resolving crime-related conflicts without involving the police can sometimes lead to 12,000 feuds between individuals, families, and entire communities. 10,000 At some point the police become involved in these conflicts, but this is often too late to prevent violence. 8,000 7,798 Chapter 2 in the textbook addresses some specific types 6,020 5,380 of rural crime. During tough economic times rural prop- 6,000 5,030 4,710 erty crime rates can increase as farms and ranches are often 3,459 3,456 4,000 3,295 3,071 ­unattended and vulnerable to theft. Offences such as stealing 2,000 livestock (rustling), harvested grain, or farm chemicals can be very profitable. It might, for example, only take a half-hour 0 to round up a dozen cattle into a trailer—and those animals NL PEI NS NB QC ON MB SK AB BC might have the same value as a modest new car. No farm FIGURE 6 Youth Crime Rate (per 100,000 residents) by Province, 2014 creature is immune from theft, and a review of newspaper Source: Adapted from Allen and Superle (2016). ­accounts from 2012 and 2013 found that entire colonies of bees were being stolen throughout Canada (Ruddell, 2017). (persons aged 12 to 18 years) reported to the police in 2014 Even though losses from some bee thefts have exceeded per 100,000 provincial residents, and that information is $50,000, it is doubtful that all of these offences are reported, presented in Figure 6. Saskatchewan has the highest rate of as a farmer’s insurance rarely covers these thefts because ­reported youth crimes (13,084 per 100,000 residents) and is hives are left unattended. over twice the national average. Although livestock thefts have occurred for thousands of years, technology has increased our ability to appre- hend offenders. For example, a Saskatchewan rancher used CRITICAL THINKING QUESTIONS DNA evidence to prove that 10 of his cows had been stolen 1. Why does Saskatchewan have higher rates of family by a neighbour (Canadian Broadcasting Corporation, 2013, violence than the rest of the nation? Feb. 5). According to the CBC, the rustler sold the animals, 2. Although the prevalence of some offences, such as and the rancher, with the help of a brand inspector and Royal impaired driving and drug use, may be very similar Canadian Mounted Police (RCMP) officers, found nine of the across the country, arrests and convictions may be missing animals at a feedlot (a farm or facility that prepares higher in some provinces due to police priorities. How cattle for market). The rancher then compared the DNA sam- might this explain the differences in impaired driving ples from the stolen cattle to the other animals in his herd, conviction rates between provinces? confirming his ownership. This information was used to con- 3. Discuss how all of these crimes (impaired driving, vict the cattle rustler, who was ordered to pay restitution for drug use, break and enter, and homicide) are or aren’t the cattle. The costs of this one offence were high: the rancher related to each other. paid for the DNA testing “out of his pocket” and the case took three years from the theft to the conviction. RURAL CRIME While the Saskatchewan rancher took advantage of sci- ence to respond to being victimized, the media often pro- We tend to think of rural areas as having relatively low rates mote the notion that the countryside is a wasteland and the of crime and violence, but as noted in Chapter 2 of Explor- residents are “backward.” Some city dwellers, for example, ing Criminal Justice, some rural places have higher levels of refer to the countryside as “flyover country” (places that we fly property and violent crime than any city. According to Sta- over when travelling between Toronto and Vancouver), which tistics Canada (2011), one-third (33 per cent) of Saskatchewan suggests that there is little of interest or value in those places. residents (about 344,000 people) live in the countryside, and Cairns (2011, pp. 13–14) notes that while Canadian cities “are the nature of rural life shapes whether some crimes are ever re- celebrated as a source of enterprising and cosmopolitan cit- ported to the police. Many rural residents are hesitant to report izens, rural spaces are represented as sites of stagnation and their victimization because they don’t want to be the topic of decline, invoking classist imagery of rednecks with backward gossip. Writing about rural people, Smith and McElwee (2013) lifestyles.” Part of the media influence relates to films and noted that “many victims of crime suffer in silence feeling a television programs that depict rural males as backward, lazy, pressure to conform, ‘keep the peace’ and avoid making accus- drunk, and dumb, whereas rural women are portrayed as ations.” In addition, rural residents tend to be more conserva- overly sexual (DeKeseredy, Muzzati, & Donnermeyer, 2014). tive and independent than their city counterparts and may be In 2016, a series of high-profile offences in Saskatch- more likely to retaliate against someone who has caused them ewan increased attention to the problem of rural crime.

3 Exploring Criminal Justice in Saskatchewan

Mandrake (2016) reports that “Stories abound throughout TABLE 2 Changing Crime Severity Index (CSI) in Canada, 2014–2015 rural Saskatchewan of vandalism, break-ins, vehicle, farm ma- Violations Driving the chinery and gas thefts, and even occasional home-­invasion rob- % Change Change in CSI beries with violence.” People in the countryside are expressing­ Canada +5 Fraud, B & E, robbery, homicide more fear of crime and a number of television reports on the Newfoundland and Labrador +5 Sexual assault level 1, robbery, violent firearms offences CBC showed farmers using firearms to protect themselves. Taking protective measures—including everything from Prince Edward Island −10 Theft of $5,000 or under, homicide security cameras, to guard dogs, to carrying firearms—­is a Nova Scotia −7 B & E, theft of $5,000 or under common response to fear of crime (Wilcox, May, & Roberts, New Brunswick +12 B & E, fraud 2006). Research finds that although some individuals may start Quebec −3 B & E Ontario +2 Fraud carrying weapons in response to a fear of crime, this action +8 B & E, mischief, fraud does not alleviate their fears (Hauser & Kleck, 2013). Saskatchewan +10 B & E, homicide, fraud Much of that fear stems from the fact that the RCMP is +18 B & E, theft of $5,000 or under, stretched thin and there might only be one officer patrolling vehicle theft large districts. As a result, a typical response time to a violent +4 Fraud, theft of $5,000 or under, offence might take a half-hour and that time could be much robbery longer if the weather or road conditions are poor. An RCMP Yukon −2 Homicide spokesperson said that “Our first priority will be responding +10 Homicide, B & E, assault level 3 to calls where people are in danger of being hurt or killed” Nunavut −4 Homicide (CBC, 2016). Unfortunately, the increase in crime on farms Source: Allen (2016). coupled with the slow response time may erode confidence in the police’s ability to protect rural citizens. There is in- tense debate and conflicting research on whether defensive or It is interesting that all of the provinces except for Nova protective gun carrying reduces or increases crime (van Kes- Scotia, Prince Edward Island, and Quebec showed an increase teren, 2014). What is known is that carrying loaded firearms in 2015 (Nunavut and Yukon also decreased). Most crimin- for protection in Saskatchewan and across Canada is gener- ologists would agree that we shouldn’t be too alarmed by a ally illegal, and brings with it the risk of criminal charges. one year increase in the overall crime rate as there are often yearly fluctuations. The large increase is surprising, how- CRITICAL THINKING QUESTIONS ever, because there were similarly large one-year increases in the United States (11.8 per cent), and the United Kingdom 1. Why are issues of rural crime important to Saskatch- (11 per cent) experienced very similar increases in the calen- ewan residents, given that rural residents represent dar year from 2014 to 2015 (Federal Bureau of Investigation, only one-third of the provincial population? 2016; Office for National Statistics, 2016). 2. Why would offenders travel from the city to commit crimes in rural Saskatchewan? Gun Crimes in the Queen City 3. What does the media gain by portraying rural life, and In 2015 police services throughout the nation reported the people who live in the countryside, as backward, ­encountering an increasing number of firearms-related or as a “Wild West”? ­offences (including pointing and discharging firearms), and there was a 22 per cent increase between 2014 and 2015 THE 2014–2015 CRIME INCREASE (Allen, 2016, p. 3). The increased number of shootings and firearms-related deaths occurred throughout the country in One of the key themes in Chapter 2 of Exploring Criminal 2016. The (2016), for example, reports Justice is that crime has been decreasing and police-­reported that firearms ­occurrences had almost doubled between 2013 crime is at the lowest point in decades. Between 2014 and 2015, and 2016, and the number of shootings resulting in injury or however, there was a 5 per cent increase in the Crime Severity death had increased by 38 per cent, from 111 in 2013 to 153 in Index, which indicates the overall volume and seriousness of 2016. An increased number of firearms related offences have crime. Most of the national-level increase was due to a greater also been reported in Edmonton (Cain, 2016) and Surrey, number of cases of fraud, breaking and entering (B & E), British Columbia (Baluja, Sample, & Brend, 2016). While robbery, and homicide (Allen, 2016, p. 3). Of special interest the reason for the increased number of gun-related crimes was a 15 per cent increase in homicide offences, and Allen in Regina has not been proven, anecdotal accounts suggest (2016, p. 3) reports that growth was primarily due to increases that these crimes are often tied to gang activities and may be in Alberta, Saskatchewan, and Ontario. The violations driving related to competition for the sale and distribution of meth- the one-year changes in provincial CSI are presented in Table 2. amphetamine and other drugs.

4 Exploring Criminal Justice in Saskatchewan

300 involved in an abusive marriage or youth associating with

255 250 252 gang members) or their behaviours, such as substance abuse 250 that leads to being hospitalized for injuries after a night of drinking. It was thought that if these types of problems were 200 addressed at an early stage then some people wouldn’t commit crimes and enter the justice system. In addition, persons who 150 have contacts with the police could be prevented from going 109 114 100 further into the justice system, such as by using extrajudicial 58 measures to help youth avoid further involvement in crime. 39 41 The Prince Albert community mobilization model was 50 29 34 based on a violence reduction strategy introduced in ­Glasgow, 0 Scotland (McClusky, 2014). The Scottish approach confronted 2012 2013 2014 2015 2016 crime in neighbourhoods with high rates of unemployment, Seizures Violent occurences substance abuse, school failure, and community members with criminal records. Prince Albert (with a population of FIGURE 7 Firearm Seizures and Violent Occurrences, Regina, October 2012 to 45,000) had similar social problems, and the police were October 2016 further challenged because the city is a “gateway” to many Source: Adapted from Regina Police Service (2016). northern Saskatchewan communities. The location of the city poses some distinct challenges for the police as about 40 per CRITICAL THINKING QUESTIONS cent of Prince Albert arrestees are visitors, and that propor- tion is several times higher than it is for most cities (McFee 1. Why would the number of murders in three distinct nations (Canada, United Kingdom, and the United & Taylor, 2014). States) increase so much in a single year? Traditionally, the justice system is reactive as it responds 2. Are there factors specific to Saskatchewan that might to crimes that have already occurred. The community mobil- contribute to the crime increase? ization approach, by contrast, brings together workers from over a dozen agencies, including educational, health, housing, social service, and advocacy organizations. Persons identified BUILDING PARTNERSHIPS as at-risk are referred to the program (which is called the HUB, TO REDUCE CRIME named after a wheel with all spokes meeting at the centre or hub) and asked whether they want help. The police and their One of the main points in Exploring Criminal Justice is that community partners meet weekly and work together to develop crime is a complex social problem that defies simple solutions solutions to the problems that these individuals and families (e.g., “Lock up all the criminals and throw away the key!”). confront. A limited number of cases—perhaps only two or three Simple solutions, however, haven’t worked in the past, as per meeting—­are addressed. The small number of cases tackled complex problems require long-term solutions that involve each week allows the HUB partners to focus their attention and organizations, interest groups, and people who have a stake in resources to help them. McFee and Taylor (2014) report that solving these problems. Chrismas (2013, p. 245), a these interventions are intensive and short term: most cases were police officer, observes that “society will not make true head- closed within two weeks and involved less than four agencies. way in addressing complex problems until we work together Although community mobilization is in its infancy, an in- as a cohesive community, pooling and focusing our resources itial evaluation shows that it is a promising crime reduction and overcoming the barriers that prevent us from working approach (Nilson, 2015). Taylor (2016) identified the follow- toward ensuring social justice.” Steps taken in Prince Albert ing positive outcomes of the HUB: to overcome these barriers are an example of building part- • increased access to services nerships using an approach called community mobilization. • quicker access to services Discouraged by crime that was increasing every year, • better understandings of client needs Prince Albert’s former police chief, Dale McFee, observed • improved communication among agencies that “we can’t arrest our way out of problems” and that a new • reduced barriers to support from human service agencies approach to crime reduction was needed. The crime preven- • identified gaps in the human service delivery system tion strategy that the Prince Albert Police Service (PAPS) • increased efficiencies in human service delivery developed was to work with other community agencies to • improved client–service provider relations identify and respond to the unmet needs of people who were headed for trouble (“at-risk” individuals and groups). This Because crime and other social problems in Prince Albert risk might be a result of a person’s relationships (e.g., an adult have decreased, the province of Saskatchewan has invested

5 Exploring Criminal Justice in Saskatchewan in extending the community mobilization approach and TABLE 3 Saskatchewan Police Services, 2014 is introducing it throughout the province. In addition, the Police Service Number of Officers/Positions approach has been adopted in 77 jurisdictions throughout 451 Canada (Taylor, 2016). More research is needed, however, Regina 390 before this approach can be labelled a success. Further infor- Prince Albert 92 mation about the building partnerships approach is available Moose Jaw 54 at http://saskbprc.com/. Estevan 25 Weyburn 20 Caronport, Corman Park, Dalmeny, Luseland, 12 CRITICAL THINKING QUESTIONS and Vanscoy 1. Why would Glasgow, Scotland, and Prince Albert, Sas- File Hills First Nation 9 katchewan, have very similar crime and community Total 1,053 problems despite their urban/rural differences and RCMP population characteristics (e.g., a high proportion of Provincial policing 924.5 Aboriginal persons in Prince Albert, while the Glasgow Municipal policing 121.0 population is almost all-white)? Federal policing 171.0 2. What are some challenges of introducing an approach Aboriginal policing 126.5 such as the HUB without first proving its effectiveness? Total 1,343 3. Can you think of any potential problems when the police are coordinating community responses to non- crime problems?

established in 2002, is the only such agency in Saskatch- SASKATCHEWAN’S JUSTICE ewan. The agency serves five communities in the Fort Qu’Appelle area (northeast of Regina): the Okanese, SYSTEM AT A GLANCE Peepeekisis, Carry the Kettle, Star Blanket, and Little Black Bear First Nations. The Police in Saskatchewan Table 4 presents the provincial police strength and the The previous pages highlighted how some Saskatchewan 2015 CSI and violent CSI (see Allen, 2016; Mazowita & Green- crime rates are higher than most provinces. Altogether, offi- land, 2016) for the provinces. Although the number of police cers from 11 municipalities, the RCMP, and one First Nations officers per 1,000 residents is similar across the nation, there is police service (File Hills Police Service) respond to those a lot more variation in crimes that are reported to the police. crimes. In 2014, the municipal agencies ranged in size from Saskatchewan had the highest CSI and second highest violent a single officer (Caronport) to 390 officers (Regina) and 451 CSI in 2015, as well as the highest police strength for the prov- officers (Saskatoon), and Table 3 shows how those officers were inces, which is the number of officers per 1,000 residents. deployed. The RCMP (2012) polices an area of 619,500 km2 in Saskatchewan, which is more than twice as large as the entire TABLE 4 Police Strength and the CSI (Overall and Violent), 2015 United Kingdom (Britain and Northern Ireland have an area of 243,610 km2). The headquarters for “F” (Saskatchewan) div- Police Officers per 1,000 Total CSI Violent CSI RCMP ision is in Regina. officers are based in 96 detachments Residents (2015) (2015) (2015) throughout the province. RCMP officers (also called members) Newfoundland and Labrador 1.68 65.6 66.4 are responsible for municipal policing in smaller cities, such Prince Edward Island 1.54 49.7 40.8 as Swift Current and Yorkton, and they also police hundreds Nova Scotia 1.97 61.9 67.5 of small towns and municipalities, carry out rural policing, New Brunswick 1.70 63.0 60.4 conduct traffic enforcement on the highways, and police all Quebec 1.94 55.7 65.8 but one of the First Nations in Saskatchewan. Ontario 1.90 50.6 59.2 The File Hills First Nation Police Service is a self-­ Manitoba 2.01 104.3 135.9 administered Aboriginal police agency, which means that Saskatchewan 2.02 135.8 134.8 oversight for this agency is provided by a First Nation (or Alberta 1.71 102.3 96.5 group of First Nations), just like a municipal government, British Columbia 1.85 94.7 83.0 ­although the operations of these police services are funded Yukon 3.47 183.6 207.7 by the federal and provincial governments. There are 38 Northwest Territories 4.56 319.0 357.7 self-­administered Aboriginal police services in Canada, Nunavut 3.55 270.2 380.5 and the File Hills First Nation Police Service, which was Sources: Allen (2016); Mazowita and Greenland (2016).

6 Exploring Criminal Justice in Saskatchewan

Police Training in Saskatchewan 30,000

All municipal police officers in Saskatchewan receive their 25,000 training at the Saskatchewan Police College (SPC), which is 20,000 located on the University of Regina campus. Only individ- uals who have been hired by a municipal police service can 15,000 participate in this training. According to the SPC (2015), the training lasts 20 weeks and recruits attend 720 hours of 10,000 ­instruction (discussed in Chapter 5 of Exploring Criminal Justice). There are about 20 cadets in any given class, and with 5,000 the exception of Regina Police Service recruits they are re- quired to live on-campus. After completing the classroom in- 0 struction, police officers participate in a three- to six-month 1998 2000 2002 2004 2006 2008 2010 2012 2014 “on the job” training program, where new officers are men- FIGURE 8 Adult Criminal Court Cases, Saskatchewan, 1998–1999 to 2013–2014 tored by field training officers. Source: Adapted from CANSIM Table 252-0055. All RCMP officers in Canada are trained at the academy in Regina, which was established in 1885 and is called the The Court of Queen’s Bench, by contrast, hears most ser- “Depot” Division. In addition to providing training for RCMP ious criminal and family law cases, civil cases greater than recruits, new employees of the Correctional Service of Canada $30,000, all jury trials, as well as Charter and constitutional from the Prairie Region and the Canadian Border Services challenges (Saskatchewan Law Courts, 2012). The Court of Agency are also trained at the “Depot.” Once recruits graduate Appeal for Saskatchewan is the highest level of court and from the academy, they are required to complete a six-month hears appeals from Provincial and Queen’s Bench Courts Field Coaching Program, where they receive on-the-job train- (and some administrative boards). Although based in Regina, ing from experienced field training officers, who are called the Court of Appeal sits in Saskatoon six weeks per year. field coaches. Table 5 summarizes the specific training areas. Figure 8 shows that the number of adult criminal cases heard by Saskatchewan courts has been relatively stable ­between Saskatchewan’s Courts 1998–1999 and 2013–2014. In 2013–2014 Saskatchewan courts Adult and youth criminal matters in Saskatchewan are heard heard 23,053 cases (that total does not count traffic or youth in 13 permanent Provincial Courts, which sit every weekday, court cases). In Saskatchewan, the average case processing and in almost 70 rural courts (called circuit points), which time—the number of days from an accused person’s first might sit only once or twice a month (Saskatchewan Law ­appearance until the case is resolved in court—was 71 days in Courts, 2012). For example, court in Blaine Lake is held in the 2013–2014, which was down from 98 days in 2009–2010, and town’s Community Hall on the first Thursday of each month. much less than the national average of 123 days in 2013–2014. While these makeshift courts lack proper security and pri- Specialized courts have been introduced throughout Sas- vacy for lawyers to meet with their clients, they give rural katchewan to better manage specific offences or offenders. residents better access to the courts, and this reduces the As highlighted in Chapter 7 of Exploring Criminal Justice, number of “failure to appear in court” offences. In addition ­members of the courtroom work group develop specialized to criminal matters, some family law cases in courts outside knowledge and expertise about the specific needs and risk of Regina, Saskatoon, and Prince Albert, and civil cases as well these offenders and are able to develop strategies that are more as matters related to traffic and bylaw enforcement, are heard ­effective than traditional courts in reducing recidivism. There in these courts (Saskatchewan Law Courts, 2012). are domestic violence courts in North Battleford, Regina, and Saskatoon, drug treatment courts in Moose Jaw and Regina, TABLE 5 RCMP Recruit Training and mental health courts in Regina and Saskatoon.­ These

Topic Hours courts often offer greater access to treatment programs and Applied police sciences 370 Detachment visits, exams, etc. 112 TABLE 6 Saskatchewan Courts Firearms 104 Type Number Judges Police defensive techniques 99 Provincial 13 Permanent Chief Judge and Police driving 67 70 Circuit 49 Judges Fitness and lifestyle 46 Queen’s Bench 11 Judicial Centres Chief Justice and Drill, deportment, and tactics 43 32 Justices Total 841 Saskatchewan Court of 1 (Regina) Chief Justice and Appeals 6 Justices Source: RCMP (2017).

7 Exploring Criminal Justice in Saskatchewan are more responsive to the needs of these offenders than 1,800 traditional­ courts. 1,600 Court security is an important, but often overlooked, 1,400 aspect of the justice system. In Saskatchewan, deputy sheriffs 1,200 provide court security within some Provincial and Court of Queen’s Bench courts. Sheriffs are also responsible for trans- 1,000 porting prisoners from places of detention, such as police cells 800 or provincial correctional centres, to courts and from courts 600 to provincial or federal correctional centres if they are incar- 400 cerated. Prior to the 2000s many of these roles were carried out by sworn police officers, but as sheriffs are not trained 200 investigators, their salaries are less than sworn officers, which 0 reduces court costs. In Saskatchewan these officials wear uni- 2000 2002 2004 2006 2008 2010 2012 2014 forms and carry sidearms. FIGURE 9 Adult Custody Counts, Saskatchewan, 2000–2001 to 2014–2015 Source: Adapted from CANSIM Table 251-0005. Provincial Corrections Saskatchewan has 14 provincial facilities for adults, ranging than the rate of 536 probationers for every 100,000 residents in size from large institutions that provide medium and max- in 2000–2001. Saskatchewan has one of the lowest average imum security units (Prince Albert, Regina, and Saskatoon) daily costs to incarcerate an inmate at $165.92 each day in to smaller and less secure operations that hold inmates sen- 2014–2015, compared to the national average of $198.50 per tenced to relatively short terms of incarceration (no prov- day (Reitano, 2016, p. 16). incial inmate serves more than two years, and the average provincial sentence in Canada is about one month). The Pine Federal Offenders Grove Correctional Centre in Prince Albert houses women Federal prisoners are serving terms of imprisonment two remanded or sentenced to custody, while the White Birch years and longer; and about one-quarter are “lifers” who will Remand Centre in Regina only holds remanded women. be under correctional supervision for the rest of their lives. Generally, facilities that hold remanded inmates have higher There are four federal facilities in Saskatchewan, including levels of security to ensure that these individuals appear for the Saskatchewan Penitentiary, which opened near Prince their court dates. Albert in 1911 and currently holds medium and maximum A number of smaller facilities—that might house only sev- security male prisoners. Adjacent to the Penitentiary is the eral dozen inmates in low-security settings—are located in Riverbend Institution, a minimum security facility that Besnard Lake, North Battleford, Prince Albert, Regina, and houses offenders who are in the process of returning to the Saskatoon. In some cases these community-based operations community. The Regional Psychiatric Centre is located near are used to transition inmates from correctional centres to the University of Saskatchewan and is a high-security fa- the community, as well as offering beds for individuals serv- cility that provides psychiatric services to men and women ing short terms of incarceration. Since 2010, adult facilities offenders. In recognition of the high proportion of Aborig- in Saskatchewan have become increasingly overcrowded and inal offenders in the province, the Correctional Service of inmates have been held in less than ideal conditions, such as Canada operates two smaller minimum security facilities— double-bunking (when two inmates share a cell designed for the Okimaw Ohci Healing Lodge in Maple Creek (for women one person), and gyms and classrooms have been converted offenders) and the Willow Cree Healing Centre in Duck into living areas (Demers, 2014). Overcrowding presents in- Lake (for male ­offenders)—that provide culturally relevant creased risks for both inmates and correctional officers. programs and services to these prisoners. In addition to the Figure 9 shows that the average daily number of provin- penitentiaries, the Oskana Community Correctional Centre cial inmates increased from 1,130 in 2000–2001 to 1,701 in in Regina houses up to 42 federal offenders who are returning 2014–2015, and that total includes remanded and sentenced to the community on day parole or conditional release, which adults. According to the Correctional Services Program is a type of early release. (2015) that total translates into a rate of 195 inmates for every TABLE 7 Federal Penitentiaries in Saskatchewan 100,000 Saskatchewan residents, which is the second highest use of provincial incarceration (Manitoba has a rate of 242 Facility Bed Capacity inmates per 100,000 residents). Although not shown in the Okimaw Ohci Healing Lodge for Aboriginal Women 44 figure, the number of adults on probation has also increased, Regional Psychiatric Centre 204 from 5,068 in 2000–2001 to 5,540 in 2014–2015, or 497 proba- Saskatchewan Penitentiary 785 tioners for every 100,000 residents, which was somewhat less Willow Cree Healing Centre 80

8 Exploring Criminal Justice in Saskatchewan

Youth Corrections 2. What are some disadvantages to having only one ­facility in the province for all the women remanded or Youth aged 12 to 18 years who have been remanded or sen- sentenced to provincial custody? tenced to custody are placed in youth facilities operated by the 3. What are some of the advantages of providing cul- provincial government. These include Saskatoon’s Kilburn turally relevant correctional programs for Aboriginal Hall Youth Centre, the Paul Dojack Youth Centre in Regina, ­offenders in Saskatchewan? and the North Battleford Youth Centre, all of which are secure custody (e.g., higher security) operations. There are also sev- eral open custody facilities, including Drumming Hill Youth RECIDIVISM IN SASKATCHEWAN Centre in North Battleford and the Prince Albert Youth Resi- dence (and some beds at Kilburn Hall are designated open Brennan and Matarazzo (2016) carried out a study for the custody). Youth sentenced to open custody can also serve Canadian Centre for Justice Statistics that sheds light on re- their sentences in community homes, which are conventional cidivism in Saskatchewan. A key question they asked was the homes run by families, or in specialized group home place- degree to which a small number of offenders were responsible ments, such as those offered by the Ranch Ehrlo Society. The for a large amount of crime. In answering that question they Ranch, a non-profit organization, operates campuses in Pilot found that 37,054 individuals in 2009–2010 were charged Butte (outside Regina), Buckland (north of Prince Albert), with involvement in an offence. The researchers then col- and Corman Park (about 10 km north of Saskatoon). While lected information about that group for the next three years the number of adult inmates has been increasing since 2010, to see if they were charged with any further crimes or were several youth custody facilities have closed due to a declin- otherwise involved in Saskatchewan’s courts or correctional ing number of admissions. Figure 10 shows that the average systems. Most of this group were adults (79 per cent), male number of Saskatchewan youth in a custody facility dropped (71 per cent), and were involved in a non-violent offence by nearly two-thirds (62.5 per cent) between 2000–2001 and (74 per cent). Youth were more likely to be involved in a prop- 2014–2015 (from 352 to 132 youth per day). The number of erty offence than their older counterparts. youth in community supervision, such as probation, also de- Of the 37,054 individuals, almost three-fifths (58 per cent) creased during that same period, from 1,803 to 1,134. Some only had contact with the police and did not appear in court, scholars have connected these declines with the prioritiza- whereas the rest of this group (42 per cent) appeared in court tion in the federal Youth Criminal Justice Act of extrajudicial and 19 per cent (about 6,900 offenders) were placed on proba- measures over custody (Bala, Carrington, & Roberts, 2009). tion or in custody. In keeping with the objectives of the Youth Criminal Justice Act, youth (individuals 12 to 18 years of age) were more likely to be diverted from the courts than adults. 400 Of the 6,900 offenders who were placed on probation or 350 in custody, almost three in four (73 per cent) had another 300 contact with the justice system within three years. Younger ­individuals were more likely to have further contact with the 250 justice system than older offenders, and youth who were placed 200 in corrections had a higher risk of having further contact 150 (84 per cent) than adults (70 per cent). The first three months after the individual’s initial contact with the police was the 100 highest risk time for re-contact with the justice system. 50 Prior US research has shown that a relatively small group of offenders are responsible for a significant amount of crime. 0 2000 2002 2004 2006 2008 2010 2012 2014 The Saskatchewan research confirmed that finding. The- in itial 37,054 individuals were responsible for 143,000 inci- FIGURE 10 Youth Custody: Average Daily Count, Saskatchewan, 2000–2001 dents, and of that group, 7,800 individuals had five or more to 2014–2015 Source: Adapted from CANSIM Table 251-0008. re-contacts with the justice system and were responsible for 81,199 incidents. Put another way, Brennan and Matarazzo (2016) find that 21 per cent of the accused were responsible CRITICAL THINKING QUESTIONS for over half (57 per cent) of these incidents, and they observe that “identifying and understanding this small, high-rate and 1. What are the advantages and disadvantages of having subgroup of individuals who account for a disproportionate a national police service, such as the RCMP, provide amount of repeated contacts with the overall justice system policing to small Saskatchewan towns and cities? may be beneficial to both fiscal and crime control strategies.”

9 Exploring Criminal Justice in Saskatchewan

REPORT CARD ON SASKATCHEWAN’S CRITICAL QUESTIONS CRIMINAL JUSTICE SYSTEM 1. According to the report card, what does the justice Perrin and Audas (2016) developed a report that graded prov- system in Saskatchewan do well, or poorly? inces and territories and they are presented in Table 8. Saskatch- 2. How would you improve the justice system in ewan ranks fairly low in this rating, especially in regard to public Saskatchewan? safety (due to the high crime rates in the province) but does a better job at efficiency. Table 9 shows the different objectives of the criminal justice system and how they measured them. WRONGFUL CONVICTION:

TABLE 8 Report Card on Provincial and Territorial Justice Systems THE DAVID MILGAARD CASE

Support Fairness When somebody is convicted and punished for an offence Public for Cost and & Overall Province Rank Safety Victims Resources Access Efficiency Grade they didn’t commit, it shakes the public’s faith in the entire PEI 1 B+ B+ B+ B A B+ justice system. Wrongful convictions date back to the start of NL 2 B B+ C+ B+ B B justice systems, and as noted in Chapter 1 of Exploring Crim- NB 3 B+ C+ B+ B B B inal Justice, since 1993 at least 21 Canadians have been exon- QC 4 B C+ B B+ C+ B erated and released from prison due to wrongful convictions NS 5 B B C+ B+ C+ B through the efforts of (2016), and other AB 6 C+ B B+ C C+ C+ persons who were exonerated did not receive help from that ON 7 B B B C+ C C+ organization. Almost 100 other prisoners have asked for help BC 8 C+ C B C+ B C+ from Innocence Canada and 5 of them were from Saskatch- SK 9 C C+ C C+ B C+ ewan (Innocence Canada, 2016). NU 10 C F F A+ A C+ The most controversial wrongful conviction in Saskatch- NWT 11 C+ F F B+ A C ewan was that of David Milgaard, who was convicted in the MN 12 C+ C D C+ C C 1969 murder of Gail Miller, a 20-year-old nursing student YK 13 C F F B+ B+ C who was sexually assaulted and killed while walking to her Source: Adapted from Perrin & Audas, 2016, pp. 29–30. job at a Saskatoon hospital. Although Saskatoon police pur- sued over 100 leads, they could not identify any suspects. This TABLE 9 Objectives of Criminal Justice Systems changed when one of Milgaard’s acquaintances told investi- gators that he believed Milgaard was acting strangely on the Public Safety • The fundamental purpose of the justice system is to protect society by holding offenders accountable, but also providing morning after the murder. Milgaard, who was 16 years old at supports to rehabilitate offenders. the time of the offence, denied any involvement in this crime. • Measured by (a) crime and clearance rates; (b) public perceptions about police enforcing the law, ensuring safety, Despite his protests of innocence, Milgaard was arrested and satisfaction with safety. about four months after the murder and was convicted of Support for • Victims have rights related to information, protection, the crime eight months later. Although Milgaard launched a Victims participation, and restitution. number of appeals of his conviction, none were successful and • Measured by (a) proportion of offenders given restitution orders; (b) referrals to victim’s services; and (c) public perceptions about he spent the next 23 years in prison. While in prison ­Milgaard police supplying information and being approachable. reports having been physically and sexually assaulted and Costs and • The justice system should be run in a cost-effective manner was shot by the police after a 1980 escape (Harland-­Logan, Resources while meeting its core objectives. • Measured by (a) per capita cost of public safety; (b) per 2015). Throughout the decades of imprisonment Milgaard capita cost of corrections; (c) average daily inmate cost; and maintained his innocence and his mother Joyce carried out (d) number of police per capita. an investigation of the murder, advocating on his behalf with Fairness and • The justice system must guarantee the constitutional rights justice system officials and the media. Access to of accused persons and provide them with fair and impartial Justice trials, as guaranteed by the Charter. By the mid-1980s there was growing concern that Larry • Measured by (a) legal aid expenditures per crime; (b) percentage Fisher, a convicted sexual offender who lived near the murder of trials with a guilty outcome; (c) proportion of Aboriginal persons in custody versus their prevalence in the population; site, was responsible for the offence, although it took until and (d) public perceptions about the police being fair. 1992 before the case was reviewed by the Supreme Court of Efficiency • A well-functioning criminal justice system should ensure prompt Canada and a new trial ordered. In April 1992, Saskatch- and thorough investigations and timely prosecutions and trials. • Measured by (a) Criminal Code incidents per police officer; ewan prosecutors decided that a new trial was not necessary, (b) accused on remand per 1,000 crimes; (c) average ­Milgaard was released from prison, and a stay of proceedings criminal case processing time; (d) percentage of cases was entered (but the matter not dropped). Over the next few stayed or withdrawn; and (e) public perceptions about the police responding promptly. years an investigation was carried out by the RCMP to deter- Source: Adapted from Perrin and Audas (2016, pp. 29–30). mine whether there was any wrongdoing or obstruction of

10 Exploring Criminal Justice in Saskatchewan justice on the part of the police or prosecutors involved in CAPITAL PUNISHMENT this case. In July 1997 DNA testing was carried out on bio- logical materials found at the crime scene and the DNA was Executions in Canada, 1867 to 1976 a match with Larry Fisher. It is important to note that DNA From the time that Canada became a nation in 1867 to the abo- was not used in investigations until the mid-1980s and it took lition of the death penalty in 1976, 1,532 individuals were sen- almost a decade before DNA evidence was widely accepted by tenced to death, and 702 executions (including 13 women) were the courts. carried out (Pfeifer & Leyton-Brown, 2007, p. 1). That total does In July 1997 the Saskatchewan Minister of Justice issued not include the execution of Newfoundlanders prior to 1949, an apology to Milgaard and his family, and the Minister as Newfoundland did not join Confederation until that time. called for a public inquiry into the matter. In addition, the Executions gradually became less common throughout the public was advised that compensation would be paid to Mil- twentieth century and the last one occurred in 1962. Most exe- gaard and that another investigation into the Gail Miller cutions prior to the 1930s took place in provincial or local gaols murder would be conducted. In 1999 Milgaard was paid $10 (jails) in communities close to where the crime(s) occurred. million in compensation for his wrongful conviction and Executions were the responsibility of the local sheriff, punishment. In the same year Larry Fisher was convicted of ­although three hangmen, John Robert Radclive, Arthur Ellis the murder of Gail Miller. A public inquiry into the wrongful (a pseudonym for Arthur B. English), and Camille Bouchard trav- conviction was conducted and the results published in 2006. elled across the country to conduct most of the executions. The The Commission of Inquiry, headed by Justice Edward Mac- individuals who carried out most of the executions were experi- Callum, found that the “criminal justice system failed David enced, but some executions went badly. Pfeifer and Leyton-Brown Milgaard because his wrongful conviction was not detected (2007, p. 7) report that “perhaps a third of the executions that took and remedied as early as it should have been” (MacCallum, place in Canada were bungled . . . and instances included those 2006, p. 410). MacCallum made a number of recommenda- who had to be hanged more than once, decapitations, executions tions to reform the administration of justice in Saskatchewan. of the terminally ill, and executions so brutal and inept that they Speaking to the University of Saskatchewan College of led the citizenry to riot and attack executioners.” Law in February 2015, David Milgaard told the crowd that Prior to 1961, every defendant found guilty of murder was “I spent almost 23 years of my life inside of Canada’s worst sentenced to death. Juries, however, sometimes recommended prisons [and] it was a nightmare.” He observed that “Our that death sentences be commuted to . When punitive justice model fails our community and creates more imposing death sentences, judges followed a script where they criminality and fails our victims” (Canadian Broadcast- advised the condemned offender that “You will be taken from ing Corporation, 2015). Larry Fisher died in a Correctional here to the place whence you came and there hanged by the neck Service of Canada prison in British Columbia in June 2015. until you are dead, and may God have mercy on your soul.” Jus- The Commission of Inquiry into the wrongful conviction of tice in that era was swift and execution dates were set by the David Milgaard: Final report (MacCallum, 2008) provides judge, and three months between sentencing and the execution ­thousands of pages of information about the case, including was the norm (Pfeifer & Leyton-Brown, 2007). While executions court transcripts and summaries of the various investiga- were often carried out in public in the 1800s, public executions tions. This report can be accessed at http://www.qp.gov.sk.ca/ were banned by the federal government in 1870. The bodies of Publications_Centre/Justice/Milgaard/Milgaard.pdf the executed had often been presented for public view in the early days of the colony, although this practice fell out of favour by the time that Canada became a nation in 1867. In order to CRITICAL THINKING QUESTIONS provide some due process protections for the convicted offend- ers, judges who had imposed the sentence were required to pro- 1. Milgaard was awarded $10 million in compensation vide a transcript of the court case and information about the for his wrongful conviction and subsequent punish- ment. Was that a fair amount of compensation? evidence presented at trial to the Ministry of Justice in Ottawa. 2. The Commission of Inquiry did not find any evidence After a review by the Minister the case was considered by the of wrongdoing on the part of any individual involved in entire Cabinet and they had several options: (a) uphold the death Milgaard’s investigation or prosecution, and nobody sentence; (b) order that an investigation of the offender’s mental was held accountable for the wrongful conviction. The health be conducted; or (c) commute the death sentence to life inquiry did find, however, that mistakes were made. imprisonment—which was more likely to happen for women, How do we hold the persons who make such mistakes very young men, and rapists. In addition to reviewing the case accountable? information presented by the sentencing judges, the Cabinet 3. How do cases of wrongful conviction influence our per- members also considered petitions by juries or community ceptions of the police, courts, and corrections? members to commute the death sentence. If the Cabinet upheld

11 Exploring Criminal Justice in Saskatchewan the death sentence they signed an Order-in-Council,­ which was over the heads of all eight men, nooses tightened around their necessary for executions to proceed. necks (their hands and feet were bound), and their bodies fell through a single trapdoor. These men were buried in a mass Execution of the Cree Eight in Battleford grave on a hill overlooking the close to Fort The execution of eight Aboriginal men in 1885 for their Battleford and a single tombstone marks their resting spot. ­involvement in the North-West Rebellion was the largest mass hanging in Canadian history and the last public execution. CRITICAL THINKING QUESTIONS Eight Aboriginal men were executed at the mounted police barracks at Fort Battleford. Six of them—Bad Arrow (Man- 1. Can you identify any potential issues of bias, a lack choose), Iron Body (Nahpase), Little Bear (Apischaskoos), of due process protections, or political interference in Miserable Man (Kitahwahkeni), Walking the Sky (also known the execution of these men? as Round the Sky or Pahpahmekeesick), and Wandering Spirit 2. Although the last execution in Canada occurred in (Kapapamahchakwew)—were involved in the April 1885 mur- 1962, an Angus Reid (2013, p. 1) poll revealed that ders of nine men at the Frog Lake settlement (several other set- 62 per cent of Canadians support reinstating the death penalty for murderers. Why do so many of us tlers were assaulted or taken hostage). At the same time as those support the death penalty given that murder rates are six individuals were executed, two Assiniboine ­warriors— the lowest in 50 years? Crooked Leg (Itka) and Man Without Blood (­Waywahnitch)— 3. Do wrongful convictions of persons such as David Mil- were executed for their involvement in killing two Battleford gaard change your ideas about punishments such as settlers in the rebellion. Despite the fact that two of these men the death penalty? were Assiniboine, all are known as the Cree Eight. Although some government officials were fearful that a trial might lead to further uprisings—like what occurred in the MISCARRIAGES OF JUSTICE: United States—Prime Minister Sir John A. Macdonald wanted “STARLIGHT TOURS” harsh punishments for the peoples involved in the uprising, which would send a strong deterrent message. Trials were held There is a long history of police officers using unauthorized sanc- in September and October 1885, about six months after the tions to punish wrongdoers. Decades ago, for example, instead murders. Pfeifer and Leyton-Brown (2007) point out that there of arresting a suspect or writing a citation for an infraction of a were irregularities in the proceedings, including the fact that traffic regulation or municipal bylaw, it was widely known that the defendants received no assistance of counsel. Moreover, officers might administer some “street justice.” Although defin- Judge Rouleau, who presided over the trials, was very likely itions of street justice differ, it is an unofficial and unauthorized biased given that his home was burned to the ground during punishment that is conducted by the police. Often these inci- the rebellion. Rouleau had allegedly written a letter to the dents were retaliation for disrespectful behaviour, such as swear- ­Lieutenant-Governor asserting that “those Indians . . . should ing at the officer, or for being confrontational or uncooperative. be taught a lesson” (Pfeifer & Leyton-Brown, 2007). At senten- When it comes to street justice, punishments have only been cing Judge Rouleau said that “The government does not want to limited by the imagination of the officers. In a 2010­Oklahoma ­destroy the Indians. They wish to help them to live like white case, for instance, officers told a motorist that he had to do men; but as far as murderers are concerned, the government has push-ups or receive a traffic ticket (Wade, 2012). Most forms of no pity. If a white man murders an Indian he must hang and so street justice carried out in the past were acts of violence, and must an Indian if he kills a white man” (Cameron, 1926, p. 201). while those acts are less likely to happen today, they still occur. All eight were hanged at the same time, making this the The CBC (2015, May 12) reports that a Toronto police ­officer largest number of Canadians executed in a single act. More- punched a 38-year-old man who was stopped by the police over, people were encouraged to attend the public hanging—­ while walking down the street and asked to consent to a search. including children from the residential schools—although The man was described as acting “hostile” towards the officers, public executions were forbidden by an 1870 Order-in-Council. who believed he had a knife. The man was later awarded $27,000 Pfeifer and Leyton-Brown (2007, p. 62) note that Robert Hodson, for damages, and Fine (2015) reports that the judge in this case who had been taken hostage during the , said that “Administering street justice is the opposite of a soci- carried out the actual execution and 150 mounted police pro- ety based on laws.” Although many of us would rather do a few vided security. Prior to their execution, the condemned men push-ups than receive a costly traffic ticket, the problem with were entitled to make a statement and Cameron (1926, p. 211), a street justice is that it makes the police officer the “judge, jury, witness to the event, writes that “the elder of the Assiniboines . . . and executioner” and the individuals being punished have not spoke defiantly. So did Little Bear. He told the Indian onlook- been proven guilty nor do they have any due process protec- ers to remember how the whites had treated him—to make no tions. As a result, these acts violate the Canadian Charter of peace with them.” After those remarks black hoods were placed Rights and Freedoms as well as police service policies.

12 Exploring Criminal Justice in Saskatchewan

One deadly form of street justice was the practice of “star- however, were not substantiated as most police vehicles today light tours,” which occurred when individuals were picked up are monitored by GPS technology, which enables the investiga- by the police and then dropped off in empty fields surround- tors to determine where these vehicles travelled, and especially if ing a city and forced to walk home. Amnesty International they travelled to the outskirts of these cities. Moreover, cameras (2001) observed that that record what is happening in police vehicles also provide an unbiased account of what occurs. Given the number of incidents There were allegations of patterns of police abuse against involving excessive use of force in the United States in the past First Nation (Aboriginal) men in Saskatoon, Saskatch- few years, it is likely that body-worn cameras will be widely used ewan. There were reports that members of Saskatoon City by police services, and they are currently being tested through- Police had for a number of years had an unofficial policy out Canada. TheReport of the Commission of Inquiry into of abandoning intoxicated or “troublesome” members of matters relating­ to the death of Neil Stonechild (Wright, 2004) the indigenous community away from the population is available at http://www.qp.gov.sk.ca/Publications_Centre/ centre of Saskatoon, thereby placing them at great risk of Justice/Stonechild/Stonechild-FinalReport.pdf. In addition, a dying of hypothermia during the winter months. 49-minute National Film Board documentary, Two Worlds Colliding (2004), describes the practice of “starlight tours” “Starlight tours” dated back several decades and a Saskatoon and includes interviews with Darrell Night, as well as police officer had been disciplined for dropping an Aboriginal woman and legal officials, and is available athttps://www.nfb.ca/film/ outside the city in 1976. The practice came to international two_worlds_colliding. attention after two Aboriginal men—Rodney Naistus and Law- rence Wegner—were found frozen to death on the outskirts of Saskatoon in 2000. Further investigations revealed that there CRITICAL THINKING QUESTIONS were similar cases of young Aboriginal men who had been 1. Although the most recent documented “starlight tour” found frozen, including 17-year-old Neil Stonechild, who froze occurred in 2000 these incidents continue to cause to death in a field on the edge of the city in 1990 (Brown, 2003). a rift between Aboriginal peoples and the police. How It is also alleged that Lloyd Dustyhorn and D’Arcy Dean Iron- can these rifts be repaired? child, who were in police custody prior to being found frozen to 2. Although “starlight tours” were allegedly carried out death near Saskatoon, were victims of this practice. An RCMP by a relatively small number of officers, knowledge of investigation into their deaths did not result in any charges. the practice was widespread. How can police leaders On 28 January 2000, two con- encourage their officers to bring incidents of police stables took Darrell Night into custody and released him misconduct to their attention? outside of town on a cold (–22°C) evening dressed in light 3. If you were a police officer, would you inform your clothing (he had no hat, gloves, or scarf). Night walked to the supervisor if you became aware of a “starlight tour” committed by one of your fellow officers? Queen Elizabeth Power Station and got a security guard to call him a taxi. Night took his story to the media and it drew international attention to the practice of “starlight tours.” SUMMARY The two officers were convicted of unlawful confinement and sentenced to eight months in jail; the Saskatchewan Court of The amount and seriousness of crime varies across the country Appeal upheld their convictions in 2003. and this supplement showed that Saskatchewan has very high Justice David Wright (2004) carried out a Commission of rates of property and violent crime compared to the rest of Inquiry into the death of Neil Stonechild and he believed that the country—and especially in the northern part of the prov- several members of the Saskatoon Police Service may have ince. Because every province has different histories, popula- been the last persons to see Stonechild alive, and that the in- tion characteristics, levels of economic development, political vestigation into his death by the police was “superficial and values, and cultural beliefs, the crime control solutions will be totally inadequate” (p. 212). Wright (2004) also found that Sas- different as well. As a result, the personnel in Saskatchewan’s katoon Police Service leaders “rejected or ignored reports from adult and youth justice systems may respond to antisocial the Stonechild family members and investigative reporters for ­behaviour and crime in a slightly different manner from what the Saskatoon StarPhoenix that cast serious doubts on the con- occurs in neighbouring provinces or territories. A report card duct of the Stonechild investigation” and that those leaders dis- on the operations of Saskatchewan’s justice system shows that played “self-protective and defensive attitudes” (p. 212). there is room for improvement, but initiatives such as build- Although the Saskatoon incidents are the most publicized ing community partnerships to reduce crime seem to be very example, “starlight tours” and similar acts of street justice promising. Learning about the differences in crime problems have occurred elsewhere. Investigations into recent allegations and how we respond to them makes exploring criminal jus- of “starlight tours” in Regina, Thunder Bay, and Winnipeg, tice in Canada an interesting undertaking!

13 Exploring Criminal Justice in Saskatchewan

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14 Exploring Criminal Justice in Saskatchewan

Saskatoon Police College. (2015). Training Committee on Legal and Constitutional made-man-do-pushups/article_f77933be-ed72- overview. Retrieved from http://www Affairs, Saskatoon, 29 September. 5cc6-b416-a57076400d6b.html .saskpolicecollege.ca/training.html Toronto Police Service. (2016). Toronto crime Wilcox, P., May, D., & Roberts (2006). Student Smith, R., & McElwee, G. (2013). Confronting statistics. Retrieved from https://www weapon possession and the “fear and social constructions of rural criminality: A case .torontopolice.on.ca/statistics/ytd_stats.php victimization hypothesis”: Unraveling the story on “illegal pluriactivity” in the farming van Kesteren, J. N. (2014). Revisiting the gun temporal order. Justice Quarterly, 23(4), community. Sociologia Ruralis, 53(1), 113–118. ownership and violence link: A multilevel 502–529. Statistics Canada. (2013). Population, urban and analysis of victimization survey data. British Wright, D. H. (2004). Report of the Commission rural, by province and territory (Canada). Journal of Criminology, 54(1), 53–72. of Inquiry into matters relating to the death of Retrieved from http://www.statcan.gc.ca/tables- Wade, J. (2012). Lawsuit alleges Tulsa police Neil Stonechild. Retrieved from http://justice. tableaux/sum-som/l01/cst01/demo62a-eng.htm officer made man do pushups.Tulsaworld . gov.sk.ca/stonechild/finalreport/Stonechild Taylor, N. (2016). Quick outcome data on the Retrieved from http://www.tulsaworld.com/ .pdf HUB model. Presented at the Standing Senate archives/lawsuit-alleges-tulsa-police-officer-

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