25 years old, 58 convictions. Maybe this time it will stick

[frellingdren]

http://www.castanet.net/edition/news-story-149348-21-.htm#149348

Could someone please inform me why this scumbag's aboriginal background has ANY bearing at all on his conviction. And while you are at it please explain how this is not insanely racist.

[bob vernon]

The time has come to bring back the lash.

[Madhue]

Could someone please inform me why this scumbag's aboriginal background has ANY bearing at all on his conviction.

I can... but you'll have to listen carefully.

Its called Gladue Rights (or Process)

Gladue rights encourage judges to take a restorative justice approach to sentencing. This means that the judge must try to come up with sentence that will help you and your community to heal.

http://aboriginal.legalaid.bc.ca/rights/Gladue.php

what that may mean, is this 'scumbag' as you put it if he chooses to admit guilt not only serves his sentence as laid out by the judge that includes time in custody but inclusions of such ludicrous options such as Treatment and and Restorative Justice.

A form of justice that focuses on repairing the harm done by your actions. You and anyone affected by your actions are given opportunities to heal. You're expected to take responsibility for your actions.

And while you are at it please explain how this is not insanely racist.

I know those damn Indians get everything, instead of a system that encourages them to rot in jail and re-offend shortly after, they go out and add this whole idea of trying make the perpetrator accountable for their actions to the person who they Harmed after they serve time in whitemans Jail!

[frellingdren]

Looks like it's working splendidly for this guy; he's taken responsibility for his actions 58 times already!

And yes, he'd be a scumbag if he were white, green, blue or any other colour of the rainbow.

[JBX]

Man I should have been a career criminal, can you imagine screwed up at work 58 times and still keeping your job? The only job this guy had was to not break the law and he couldn't even do that....

[Madhue]

Looks like it's working splendidly for this guy; he's taken responsibility for his actions 58 times already!

I'm not sure its been evoke before, either way it requires more effort for him than another criminal just being sentenced.
Personally Id rather see this be the standard across the board for everyone that goes through court and willing to put the effort in.

And yes, he'd be a scumbag if he were white, green, blue or any other colour of the rainbow.

odd didnt get that sensation first time I read your post. good to know.

[mrmagoo]

Man I should have been a career criminal, can you imagine screwed up at work 58 times and still keeping your job? The only job this guy had was to not break the law and he couldn't even do that....

Yep, that is a lot of offences. Chances are there is FAS/FAE plus addictions at play. Wish our system had adequate screening and measures for dealing with brain injured and FAS/FAE repeat offenders as the lack of impulse control can be dangerous to others and not sure any amount of jail is going to fix anything except get them off the street for a while.

As for Aboriginal offenders, there is a much higher rate of incarceration due to systemic disadvantage. Reasons for sentencing principles explained here: https://en.wikibooks.org/wiki/Canadian_ ... nd_Factors

[Bsuds]

As with many of these multiple offenders jail is not the answer. Some help with their mental issues would be more appropriate.

[Bpeep]

And the courts just let a convicted bank robber go free with no jail time.
Something is really, really wrong with justice nowadays.

[Madhue]

As with many of these multiple offenders jail is not the answer. Some help with their mental issues would be more appropriate.

Both you and Mrmagoo make some valid points. Our justice system is failing in recognizing that different tools need to be used at different conjunctures. We are failing those with mental health and substance abuse issues, this is compounded by those with brain injuries. Seems we'd rather shake our fists in the air and wharehouse a person than redirect them.

[bob vernon]

I'm not kidding about society having to go to more extreme measures. Bring back the lash. And for murderers and habitual criminals with very long records, maybe the only answer is capital punishment to just remove them permanently from society because they are a threat to the rest of us. There are some out there who will always be a threat as soon as they are released.

[VeronikaZarnoch]

What's happening here is that the courts are supposed to consider ALL possible options before sentencing someone to hard time. This is especially reminded in the case of aboriginal backgrounds as they are disproportionately represented in incarcerated populations.

[Rosemary1]

As far as repeat offenders, wonder if they could be dealt with differently earlier on with a more effective and holistic approach to address any obvious root causes (addiction,? mental illness? inability to work for any number of reasons, homelessness? etc. etc.) before they are too far down the road of becoming a chronic lifetime repeat offendors?

As far as Aboriginals, it's true they are disproportionally represented in prisons but there can also be greater leniency in sentences because of their background enshrined in laws like the Gladue law. The justice system has also increasingly recognized and incorporated more 'culturally appropriate' options that can be applied to aboriginal offenders

[Smurf]

I think one of the biggest problems here is trying to mandate or force him to repent. He has to want to do that before it will work. A lot of help with his mental problems might help, but again he has to decide to listen and I'm not sure this fellow is on that road. I also do not agree that the fact he is First nations should matter. If the problem or part of it is his and other first nations people in trouble is the fact they have been brought up as first nations people then is that not the fault of the whole First Nations system and little to do with the person. Maybe it is time for the whole First Nations to take a look at themselves and turn their lives around because again no one can do it for them. I know many First Nations people who are excellent all round citizens. Some still living the reserve life, some who have left. But it does take work to be successful the same as with anyone else. No one white, brown, red or whatever can be successful in life without a lot of hard work.

If my memory serves me right and I could be wrong, did First Nations tribes not banish anyone who was repeatedly this bad,

[mexi cali]

What's happening here is that the courts are supposed to consider ALL possible options before sentencing someone to hard time. This is especially reminded in the case of aboriginal backgrounds as they are disproportionately represented in incarcerated populations.

Wrong. They are accurately represented for the crimes they committed. If they hadn't committed crimes, they wouldn't be in jail.

It is twisted to me that a persons origin should be taken into account when they break the law. Why do you say? because there are proportionally many more white and other ethnic backgrounds in jail for crimes they committed, many of whom also came from effed up families and yet no consideration is offered as a matter of course because of it.

If rehabilitation and restorative justice is such a big deal, where was everybody at crime 2 or 3? Why are we at 58 and counting?

Contrary to popular belief, not every soul is worth saving.