Time to fire some judges

[Fancy]

Really, how much more lenient do you want our courts to be ? Apologize for dragging the criminal to court, pay him/her for their lost wages, (ya, right) send them home in a taxi.

Overreacting - criminals are being punished.

[Gone_Fishin]

In Kitchener, Ontario Court Justice Colin Westman is issuing $1 fines, resulting in a 30-cent surcharge, to any impoverished offender.

In an interview, he denounced the mandatory surcharge as a tax on “broken souls.”

This person has absolutely no business being a judge. He's not there to give compassion to "broken souls", he's there to apply the written law as determined by our elected representatives. Does this judge have similar compassion for the person who was hit over the head with a lead pipe by the "broken soul?" I doubt it. Leftist scum, propogating the revolving door justice system. Maybe it's a form of job security if you can keep a large batch of offenders re-offending, ensuring a steady flow of money to the judge's own pocket?

[Fancy]

Colin Westman should run for office and then change the law from within. Imposing fines on those that are homeless and no means to pay but steal is asking for more victims.

[oneh2obabe]

Interesting article on this subject.
http://fullcomment.nationalpost.com/201 ... ll-comply/

[Gone_Fishin]

Colin Westman should run for office and then change the law from within. Imposing fines on those that are homeless and no means to pay but steal is asking for more victims.

What about the victim that the offender clubbed over the head with the lead pipe? Now that he can't work and support his family, and his quality of life is destroyed, should he be afforded some protection from having the same junkie club him or his loved ones a second time?

[Fancy]

What about the victim that the offender clubbed over the head with the lead pipe? Now that he can't work and support his family, and his quality of life is destroyed, should he be afforded some protection from having the same junkie club him or his loved ones a second time?

What has that got to do with homeless criminals who may also be victims? How do you expect fines to work if criminals have no means to pay?

[Gone_Fishin]

How do you expect homeless criminals to better themselves if a life of crime has no consequences?

[Fancy]

So far the obvious question has remained unanswered - how do you expect criminals with no money to pay? Justice has already been meted out when given jail time.

[flamingfingers]

How do you expect homeless criminals to better themselves if a life of crime has no consequences?

Thank the good heavens we have judges who are not opposed to thinking!

[Ken7]

I don't know in BC but from Saskatchewan, it all depends on what color of political affiliation you are. What color of party card depends on will be promoted to Judge.

Then when you become Judge do you drop you political connection? What happens to many lawyers when they decide to stop practicing, do they become involved in the political scene? Are they given that golden handshake and become Senate members?

Do the math.

[Fancy]

http://www.cbc.ca/news/canada/choosing- ... a-1.866668

[westbankkid]

Colin Westman should run for office and then change the law from within. Imposing fines on those that are homeless and no means to pay but steal is asking for more victims.

If they were stealing for food I would understand but most are stealing to support their drug habit. I say enforce the law..

[Fancy]

The law is being enforced now but to impose fines on top of sentencing without the means to pay is going to result in a vicious circle. Monies can't be magically produced.

[Fancy]

If they were stealing for food I would understand but most are stealing to support their drug habit. I say enforce the law..

If you read the article, you'd realize there is more to it than that:

“If you sat in a typical provincial courtroom and saw all the broken souls coming before us that came from non-existent homes, you could understand the problem,” he said.

Asked what right he has as a judge to skirt the law, he said, “We don’t have a right – that’s the problem.

“They took it away from us. They pay us one-quarter of a million dollars a year and they don’t trust us to assess a surcharge on those who can afford it.”

Be interesting to read the results of the appeal.

Ontario Court Judge Stephen Hunter of Ottawa even ruled that the mandatory surcharge is unconstitutional, without being asked to do so by the defence. The Crown is appealing that ruling.

[steven lloyd]

They get punished for the crime they committed if they are found guilty and pay a victim surcharge.

The Judges are not letting people get away with things or the punishments for their crimes. When a person cannot pay the additional "politically added-on" victim surcharge they have to do jail time, which directly is criminalizing poverty.

Re: Legislative Changes to the Criminal Code and Victim Surcharge

On October 24, 2013, the Increasing Offenders’ Accountability for Victims Act came into force. The legislation amends the Criminal Code and doubles the victim surcharge amounts and makes them mandatory for all offenders convicted of a criminal offence.

The legislation seeks to increase offender accountability through the following measures:

• section 737(5) of the Criminal Code eliminates judicial discretion to impose a victim surcharge and makes it automatic in all cases;

• section 737(2) of the Criminal Code increases

o the victim surcharge from 15% to 30% of a fine imposed by the court;

o the victim surcharge from $50 to $100 for summary conviction offences if no fine is imposed; and

o The victim surcharge $100 to $200 for indictable offences if no fine is imposed by the court.

If an offender is unable to pay the victim surcharge, the only option in British Columbia is to serve default jail time. The offender may make application to the court to serve default jail time instead of paying the surcharge. The attached table is used by the court to calculate what the default time period is by dividing the unpaid surcharge by 82 (8 x BC minimum wage $10.25/hr) and rounding down.

Pursuant to section 734(4) CCC – Where an offender is fined, a term of imprisonment shall be deemed to be imposed in default of payment of the fine.

••• Also applies in respect to a victim surcharge

••• The default term cannot exceed the maximum term that the court could impose on conviction

Fine Amount / Days in default
Divided by 82 / Rounded down

100 / 1.22 / 1
150 /1.83 / 1
200 / 2.44 / 2
250 / 3.05 / 3
300 / 3.66 / 3
350 / 4.27 / 4
400 / 4.88 / 4
450 / 5.49 / 5
500 / 6.10 / 6
550 / 6.71 / 6
600 / 7.32 / 7
650 / 7.93 / 7
700 / 8.54 / 8
750 / 9.15 / 9
800 / 9.76 / 9
850 / 10.37 / 10
900 / 10.98 / 10
950 / 11.59 / 11
1000 / 12.20 / 12
1100 / 13.41 / 13
1200 / 14.63 / 14
1300 / 15.85 / 15
1400 / 17.07 / 17
1500 / 18.29 / 18
1600 / 19.51 / 19
1700 / 20.73 / 20
1800 / 21.95 / 21
1900 / 23.17 / 23
2000 / 24.39 / 24
2100 / 25.61 / 25
2200 / 26.83 / 26
2300 / 28.05 / 28
2400 / 29.27 / 29
2500 / 30.49 / 30
3000 / 36.59 / 36
3500 / 42.68 / 42
4000 / 48.78 / 48
4500 / 54.88 / 54
5000 / 60.98 / 60
10000 / 121.95 / 121

etc.

If a surcharge remains unpaid, Crown Counsel may also make application to have the matter brought back to court to have the default term imposed.

When a person cannot pay the additional "politically added-on" victim surcharge they have to do jail time, which directly is criminalizing poverty. The Judges are refusing to do that. This is a great example of why we should not have elected judges.

Thankfully, Judges are appointed
by Contributed - Story: 75794
May 29, 2012 / 7:00 am

In Canada, our judges are appointed, not elected. For that reason, we are very, very lucky. Some people, however, think that judges should be elected. To those people: you are wrong. Here is why…

Consider your typical political election; often, there are misrepresentation of facts, evasive answers, and frequent photo-ops. The message is often lost and elections often degrade into advertising campaigns.

I would like to think that those who are elected are the best people for the job; but, I am not always so sure.

For judges, this is system that exists in the United States of America. Hopeful judges have to campaign and their previous decisions are then scrutinized by the public, who, by large, have done little or no research to actually question those decisions.
So, it isn’t surprising that judges, like politicians, make decisions that they think will affect their chances of re-election.

This happens in politics all the time.

Consider the Federal Conservative’s decisions to create harsher sentences for crimes, despite argument and evidence that harsher sentences do NOT lower or deter crime. So, why are they doing it then? Answer: votes.

In America, when judges are elected, they, too, make decisions that will help them get re-elected into office. For instance, American judges often levy very strict (and often unjustified) sentences on offenders, so that they don’t appear lenient to the voting public.

I do not envy Americans for having that system.

For an illustration of what it is like to have elected judges, consider the following New York Times article from 2006, describing a system in which nearly three quarters of judges (who were elected) are not lawyers (and have little or no legal training/knowledge): In Tiny Courts of N.Y., Abuses of Law and Power.

Of course, the article’s material isn’t representative of all of America; but, it does provide a glimpse into the problem of using elections to find judges (i.e. that the best people for the job aren’t always elected).

In Canada, the process is very different. I will summarize it briefly.

First, lawyers who apply to become a judge must have been a lawyer for at least 10 years.

Screening committees then review the applicants based on several factors and make recommendations to the government (for appointment to the bench).

The factors that are considered include a keen intellect, proficiency in the law and in ethics, the ability to listen, the capacity to exercise sound judgment, a sense of consideration for others, patience, and a willingness to learn. An applicant’s courtesy, honesty, and humility are also considered, as well as their dedication to the public good, often demonstrated by pro bono work.

Selection committees will also interview lawyers and judges who have worked with or against the applicant. The committees are interested in the applicant’s interpersonal skills and whether or not an applicant engaged in ‘sharp’ conduct in his/her legal career.

If the applicant passes all the hurdles, then the government chooses among those applicants who have been recommended by the committees.

Also know that there are more applicants than openings (so the competition is fierce).

In P.E.I., there are openings approximately every 10 years. For federal court appointments across Canada, there may be 500 applicants a year, but only 50 to 60 appointments are made.

Once appointed, judges cannot easily be removed and are free to make decisions without influence from any powerful outside sources. Their decisions are reviewable by appellate courts, rather than the voting public.

I understand that some people think that judges’ decisions should be reviewable by the voting public, which would occur if judges were elected.

However, to do so would mean that judges’ decisions would pander to public opinion.

If judges pandered to public opinion, their decisions would be based on popularity, rather than legal principles. Judges would be hesitant to make correct (and unpopular) decisions, such as those that impact minority groups/interests.

It isn’t surprising that people sometimes get frustrated with a judge’s decision. When a judge makes a decision, one party will always be disappointed.

But, it is surprising, however, that the media sometimes does a poor job in accurately reporting the facts of a judge’s decision. This is a ‘special’ pet peeve of mine (to say it lightly).

My advice: get all the facts of a case before you criticize a judge’s decision. And be thankful that judges are appointed, not elected.

http://www.castanet.net/news/Law-Matter ... -appointed