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if-you-fan-a-fire · 9 years ago

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"Should Habitual Criminals Be Caged For Life?" Star Weekly (Toronto). March 26, 1966. Pages 1 to 4. ---- A crime against criminals. That's what one MP called the law that can leave a man CAGED FOR LIFE ---- by PETER SYPNOWICH Star Weekly staff writer photographs by Chuck Diven --- "The mood and temper of the public with regard to the treatment of crime and criminals is one of the most unfailing tests of the civilization of any country."

-Winston Churchill, 1910

At 52, John Hadden might be called a burnt-out criminal, except he really Anever was much of a criminal. He went to prison at 16 and since then has spent most of his life in custody. Like most drug addicts, he has no violence on his record. As a youth in Edmonton he tried burglary a few times, but at 25 he began taking morphine and it soon finished him. In 1947, after six sentences for vagrancy and drug possession, he broke into a barber shop and stole two clippers, for which he served. three years. That was his last burglary. He kept getting penitentiary terms, as drug addicts do in this country, but when he moved to Vancouver in the early 1950s. he was just a petty shoplifter trying to sup port an addiction. In 1961, at the age of 48, he finally gave up morphine. Then came barbiturates, which he got on prescription because he suffered from severe leg ulcers. He received five light jail terms for shop- lifting over the next two years. Then, one afternoon in 1963, he pilfered a $2.98 can opener from Woolworth's, and fell victim to the ultimate incarceration.

John Hadden was prosecuted as an habitual criminal under Section 660 of the Criminal Code, which carries a sentence of in definite preventive detention. The underworld knows Section 660 as "the bitch," and nowhere is it more dreaded than in Vancouver, where city prosecutor Stewart McMorran has brought more habitual cases to court than all other prosecutors in Canada put together. Hadden was in Oakalla Prison, serving a seven-month sentence for stealing the can opener, when McMorran notified him he would be prosecuted under Section 660. On March 16, 1964, when Hadden had finished his prison term and was some- where at large, large, he was declared an habitual criminal and sentenced in absentia. Nine weeks later he was picked up in Edmon ton and taken to the B.C. Penitentiary. There, with scores of men like him. John Hadden will spend the rest of his life unless he is paroled.

Preventive detention is the harshest penalty in the Criminal Code, short of hanging, and it has been a source of continuing controversy. When Parliament passed the measure in 1947, one MP, Maurice Hartt of Montreal, called it "a crime against criminals." Toronto lawyer Arthur Maloney, president of the Canadian Society for the Abolition of Capital Punishment, says it is "inhuman and cruel," and when he was an MP in 1958 he urged its repeal on grounds that it was "alien to some of the most ancient and sacred principles of our criminal law." Last year, when McMorran's prosecutions began attracting national attention, MP David Orlikow of Winnipeg told Parliament: "I find it amazing that we have a crown prosecutor of this type in Canada in the year of 1965. I think he would have been more suitable a couple of hundred years ago. At the time of the Inquisition I can see him turning the screw or putting somebody on the rack. In the Middle Ages I can see him chopping off somebody's hand because he stole a loaf of bread." (To which McMorran replies, "Why should I be pilloried? I haven't committed any crimes.")

There does seem to be something wrong when tired old men like John Hadden, whom we've been locking up all their lives, are put into prison on a permanent basis. It smacks of the dungeon. The idea behind preventive detention, on of of course, is that if men are not reformed after successive prison terms they must be locked up indefinitely for the protection of society. But what if these men are not violent, dangerous criminals, what if they are cringing drug addicts and defeated old burglars who pose no threat to life or limb? If they are still pilfering and taking drugs after repeated imprisonment, perhaps there is something wrong with prisons. The fate of John Hadden, and others like him, raises some important questions about crime and punishment.

Stewart McMorran, prosecutor ever since he was called to the bar in 1946, thinks juvenile delinquents should be put to work scrubbing decks on a training ship off the B.C. coast. Otherwise, prisons are his answer to the crime problem - providing the inmates don't get too many luxuries. "We give them everything these days except booze and women," he says. "There should be a lot more hard discipline. Prison should be a place where they don't want to go. The only way men can be convinced that crime doesn't pay is through fear of continued incarceration.

McMorran says there has been a 2% per cent reduction in indictable crime in Vancouver since he won his first conviction under Section 660 in 1962. He concedes that his prosecutions may not have been responsible. There are real doubts as to whether the persistent offender is deter red; in one case the accused was let off with a warning-he was declared an habitual criminal but not committed to detention- and nine days later he was back in court for stealing a sweater (again being found an habitual criminal and again escaping committal). But if criminals cannot be deterred from committing crimes, they can be frightened away to commit them elsewhere or they can be locked up so they can't com mit them at all. And on this basis, McMorran is using Section 660 against every eligible offender. Up to the end of 1965 he had taken 106 cases to court, obtaining 60 preventive detention sentences an and 25 other convictions in which detention was not imposed. Elsewhere in Canada, habitual criminal cases average three a year, in Vancouver they now are going to court at the rate of one a week. "We're still in the posse stage out here," McMorran says.

Under Section 660, preventive detention "may" be imposed "if the court is of the opinion that because the accused is a habitual criminal it is expedient for the protection of the public." To be declared an habitual criminal, the accused must, prior to his latest conviction, have been convicted on three occasions since the age of 18 of offences punishable by five years or more. He must also be "leading persistently a criminal life." In McMorran's office hundreds of dossiers are maintained on people believed to be leading criminal lives. The evidence in one prosecution included these words uttered by the accused two years previously when checked by a policeman at 4 a.m. in an alley: "Hell, son, I've been in and out of jail all my life. I haven't had time to work."

Section 660 departs from traditional notions of justice in in several ways. The accused cannot be tried by a jury. It is not required that he be present for his hearing. He is imprisoned not only a second time. for offences of the past but also for of fences he might commit in the future. He is condemned with a label that he wears until the day he dies. Once sentenced, he need never again appear before a court; his fate is in the hands of officials to whom he is forever accountable even if released on parole. And finally, the law is unevenly enforced because prosecutions are made with the consent of provincial attorneys general.

Section 660 is based on a 1908 British law, the Prevention of Crime act (later incorporated in the Criminal Justice act), which, besides providing a maximum term of 14 years instead of indefinite detention, was aimed only at "dangerous criminals engaged in the more serious forms of crime." This law was copied by the Nazi regime of Adolf Hitler but in Britain itself it was a dead letter by the 1930s. In 1938 its adoption in Canada was urged by a royal commission headed by Mr. Justice Joseph Archambault.

In 1947 the Mackenzie King government acted on the recommendation despite protests in Parliament. One opposition MP, Tommy Church of Toronto, pleaded on behalf of what he called "the victims of a vicious, half-baked penal system." MP John Diefenbaker had a similar argument, and also objected to the option accorded provincial attorneys-general.

Now, nearly 20 years after its enactment, when abolition of the British law has been recommended by a Home Office committee, when similar U.S. laws have been renounced by the American Law Institute in its model criminal code, Section 660 is being used in B.C. to clear the province of persistent offenders, by either incarcerating them or frightening them away. Attorney General Robert W. Bonner is quite candid about it. He compares it to the "floater," that dubious small-town tactic of charging unwelcome visitors with vagrancy and turning them loose on the understanding they will leave town. In Bonner's words: "It's like the vagrancy charge. People who are charged with vagrancy have a chance to appear or disappear."

Bonner thinks the other provinces should start wholesale prosecutions under Section 660, too, and he is reported to have urged this on his fellow attorneys-general at their crime conference in Ottawa last January. This could double our penitentiary population, for estimates of the number of eligible offenders range from 3,000 to 10,000. It would not, however, have much effect on serious crime.

"Section 660 doesn't get at the he really dangerous offender," says John Hogarth, research associate at the University of Toronto's Centre for Criminology. "It gets the nuisance type. Police are having problems with organized crime and the petty offender is being used as a scapegoat. Locking him up in a maximum security prison is a terrible waste of the taxpayers' money."

Norman Levy, a case worker with Vancouver's John Howard Society, knows most of the detainees in B.C. Penitentiary, and he says he has yet to find more than a couple who are predatory, scheming, or driven by a profit motive. "The majority are inadequate social misfits," Levy says.

"They are not habitual criminals so much as habitual prisoners." A talk with some of the detainees in B.C Penitentiary confirms all this. They are older men, unmarried, uneducated and unskilled. They may be articulate and even personable in the artificial environment of prison, but their conversation betrays feelings of inferiority, and their records demonstrate their failure in competitive society.

Photo captions: Top spread: Habitual criminals in B.C. Penitentiary meet for weekly group therapy under psychologist Chris Conway (head of table). Sessions began at urging of Robert McGrath (extreme right). Others are, from left: Frank Schlosser, John Hadden, James Atkins, Bill (Red) Henderson and Frank Little. Fourth page: Frank Schlomer, 55, has record of petty theft and assault convictions. He works daily in prison kitchens.

"I've never had any violence on my record," says Frank Little, 48. "All I am is a drug user and small-time thief."

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lawyer4u1 · 9 months ago

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lawyerserving456 · 2 years ago

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college-girl199328 · 2 years ago

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Body-worn cameras will become mandatory for all police officers in Alberta, the provincial government announced Tuesday. Ellis, minister of public safety and emergency services, said the cameras increase public trust in policing and help police review interactions.

"By documenting the behavior of the police in public, collecting better evidence, and improving our approach to resolving complex complaints during investigations, [body-worn cameras] represent an objective measure to show what occurs at the moment," Ellis told a news conference. The ministry will work with law enforcement agency partners on funding and logistics. A committee of the Alberta Association of Chiefs of Police (AACP) will be tasked with planning the rollout over the next few months.

Once the plan is implemented, Ellis said, all front-line officers in Alberta, including those who work for municipal police services and self-administered Indigenous police services, will have to wear the small cameras. He said Alberta would be the first province in Canada to mandate body-worn cameras.

The RCMP is working on a nationwide rollout of body-worn cameras. Alberta RCMP officers have been participating in field tests since cameras became mandatory for Calgary police officers in 2019.

"Several police agencies in the province are already on this path, but we are looking forward to seeing the details of this mandate and how it will assist in standardizing our approach," said Dean LaGrange, chief of the Camrose Police Service and vice president of the AACP.

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mgscrimminal · 2 months ago

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dorothyjenks · 2 years ago

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kolinskylaw-1 · 1 month ago

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allthecanadianpolitics · 10 months ago

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On Friday morning in Edmonton, Crown attorneys informed Brandi Morin that the charge of obstruction laid against her has been withdrawn. Morin’s lawyer, veteran criminal defence attorney Richard Mirasty, was to appear in court today to enter a plea of not guilty on Morin’s behalf, and set a date for trial. Instead, he was informed that prosecutors had chosen to withdraw the charge.

[...]

On January 10, Morin was conducting interviews at an Indigenous unhoused encampment in Edmonton when police arrived and set up a large exclusion zone around the area. Morin was already inside this area, and filmed without incident as police negotiated with camp residents. When those negotiations broke down, with residents holding up eagle feathers in a gesture of peaceful resistance, police moved in to arrest camp leader Roy Cardinal. At this time a police officer charged at Morin, and demanded she leave the area while pushing her repeatedly. When Morin protested that she was a journalist and had a right to be there she was manhandled, handcuffed and held for five hours before being released. She was charged with obstruction of a police officer.

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Tagging: @politicsofcanada

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civillawyersg · 2 years ago

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Seven reasons to hire a civil litigation lawyer

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