Archive for July, 2012

A disgraced ex-cop’s apology, for the record

- July 18th, 2012

Retired Winnipeg Police Service Const. Michael Hall’s full written apology, as read by him to Judge Sandra Chapman during his child pornography sentencing Wednesday.

“Your Honour, I stand here in front of you ashamed, disgusted and remorseful and full of guilt. I want to express my feelings and understandings of what I have done to you and those in this courtroom and to offer all of the people I’ve hurt an honest apology from my heart.

I first want to address how horrific this crime is and how it affects the children whom these computer pictures display. I feel disgusted and ashamed to have been part of such a sickening crime that robs these kids of their innocence and affects them negatively for their entire lifetime.

I am truly sorry to them and I give them my heartfelt apology.

I also want to address how I affected the life of my family that I once had, I had a loving daughter and a loving fiancee that I was to wed this year. After the arrest, their worlds fell apart into chaos. I left my daughter without her father for over a year now. No daughter should ever be put through going without a father.

And I haven’t forgiven myself for missing this year of her life.

(Name withheld) is my daughter whom I love more than anything else and the most important person in my life and I’m very sorry that I haven’t been a dad to her.

I also want to express remorse to (name withheld) my ex-fiancee, and that I’m so sorry for putting her through this. She’s an amazing woman — never deserved the pain I caused in her life and I give her my sincere apology.

I also want to express how I affected the life of my parents. They have supported my throughout my life with all my positive achievements, and they have supported me through this negative ordeal as well. Emotionally, my parents have endured excruciating sadness and shame that I have caused them, and I am so embarrassed and ashamed to have let them down. I am sorry for what I have done.

My actions have had a wide-spread negative effect reaching to my past co-workers, friends and friends I no longer have. And undermining the laws that society had in place.

I will say I’m sorry to all those that I’ve affected.

I also would like you to know Your Honour that I have lost everything in my previous life because of my horrible actions and have been given the chance to start anew.

I feel I was at a crossroads in my life after the arrest, and I had the choice to either give up because of what transpired — what has happened to me transpired — or use every minute of every day in a positive way.

I want to be a father again and be an upstanding member of our society so I chose to start working hard to get there.

I found Christianity and I embrace every day now and I’m becoming an active member in my new church. I’m bettering myself with ongoing psychotherapy with Dr. Kolton.

I’m enrolled and currently in a post-graduate study to add to my degree. I’m working part-time to help with my daughter’s child-support.

I know I will never make these mistakes again in my life and I will achieve my goal of being a father for my daughter in giving her all the wonderful things life has to offer.

I’m sorry, Your Honour, for what I have done, and I hope society will forgive me for my actions and I may join them again as a positive individual.”

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Categories: apology, child pornography, cop charged, General, ICE unit, independent prosecutor, internal investigation, kiddy porn, Michael Hall, professional standards unit | No comments

A disgraced ex-cop’s apology, for the record

- July 18th, 2012

Retired Winnipeg Police Service Const. Michael Hall’s full written apology, as read by him to Judge Sandra Chapman during his child pornography sentencing Wednesday.

“Your Honour, I stand here in front of you ashamed, disgusted and remorseful and full of guilt. I want to express my feelings and understandings of what I have done to you and those in this courtroom and to offer all of the people I’ve hurt an honest apology from my heart.

I first want to address how horrific this crime is and how it affects the children whom these computer pictures display. I feel disgusted and ashamed to have been part of such a sickening crime that robs these kids of their innocence and affects them negatively for their entire lifetime.

I am truly sorry to them and I give them my heartfelt apology.

I also want to address how I affected the life of my family that I once had, I had a loving daughter and a loving fiancee that I was to wed this year. After the arrest, their worlds fell apart into chaos. I left my daughter without her father for over a year now. No daughter should ever be put through going without a father.

And I haven’t forgiven myself for missing this year of her life.

(Name withheld) is my daughter whom I love more than anything else and the most important person in my life and I’m very sorry that I haven’t been a dad to her.

I also want to express remorse to (name withheld) my ex-fiancee, and that I’m so sorry for putting her through this. She’s an amazing woman — never deserved the pain I caused in her life and I give her my sincere apology.

I also want to express how I affected the life of my parents. They have supported my throughout my life with all my positive achievements, and they have supported me through this negative ordeal as well. Emotionally, my parents have endured excruciating sadness and shame that I have caused them, and I am so embarrassed and ashamed to have let them down. I am sorry for what I have done.

My actions have had a wide-spread negative effect reaching to my past co-workers, friends and friends I no longer have. And undermining the laws that society had in place.

I will say I’m sorry to all those that I’ve affected.

I also would like you to know Your Honour that I have lost everything in my previous life because of my horrible actions and have been given the chance to start anew.

I feel I was at a crossroads in my life after the arrest, and I had the choice to either give up because of what transpired — what has happened to me transpired — or use every minute of every day in a positive way.

I want to be a father again and be an upstanding member of our society so I chose to start working hard to get there.

I found Christianity and I embrace every day now and I’m becoming an active member in my new church. I’m bettering myself with ongoing psychotherapy with Dr. Kolton.

I’m enrolled and currently in a post-graduate study to add to my degree. I’m working part-time to help with my daughter’s child-support.

I know I will never make these mistakes again in my life and I will achieve my goal of being a father for my daughter in giving her all the wonderful things life has to offer.

I’m sorry, Your Honour, for what I have done, and I hope society will forgive me for my actions and I may join them again as a positive individual.”

-30-


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Categories: apology, child pornography, General, ICE unit, independent prosecutor, kiddy porn, Michael Hall, professional standards unit | 3 comments

“Lack of care must be serious enough to merit punishment.”

- July 16th, 2012
1297287083324_ORIGINAL

The wreck that was Violet Gooding’s car on Dec. 3, 2008/Marcel Cretain/Winnipeg Sun

The full facts of John Casanova’s acquittal for dangerous driving in the fatality of Violet Gooding, 90, on Dec. 3, 2008 can be found here. I won’t repeat them.

But it’s important to point out Judge Marvin Garfinkel’s ruling today followed from a consideration of a large number of applicable cases presented by the Crown and defence that dealt with dangerous driving, “the standard of care” and the continuum of negligence with respect to dangerous drive offences.

In other words, Garfinkel surveyed and interpreted the law of the land in Canada as presented to him and arrived at the following (you’ll get the import of the law and his analysis in what’s presented below).

“It is with the principles of these cases that the facts in this case involving Mr. Casanova must be considered and assessed.

Consequences of the collision in this case were tragic. Violet Gooding died. There is nothing that this court can do that can repair that harm.

It is a tragedy.

However, the principles of previous cases show that the consequences are not a determinative factor. The manner of driving in this context must be assessed.

The cases, the principles cited show that there is a continuum of negligence. A departure from a standard of care expected of a prudent driver may give rise to civil liability.

For a criminal sanction to be imposed, it must be proven there was a marked departure from the standard of care of a prudent driver.

The lack of proper care must be sufficiently serious to merit criminal punishment.

Mr. Casanova was operating his motor vehicle on St. Mary’s Road between 10 and 10:30 a.m.  The vehicle was equipped with studded tires, but it can’t be said with certaintly what effect that had on the collision.

The road was clear, the sun was shining. There was no obstruction to vision.

Mr. Casanova was speeding. His speed was excessive. He left the red light quickly and moved into the left lane.

It would appear that vehicles speeding on St. Mary’s Road in this area were not unusual.

However, Mr. Casanova’s speed was excessive.

Violet Gooding had vision problems. What effect that had on the circumstances cannot be stated. It is not known. Moreover, there is no contributory negligence factor in a criminal prosecution.

It is not known when Mr. Casanova saw the turning vehicle.

Infrences from testimony of the witnesses can be drawn that Mr. Casanova did not try to brake soon enough, or that he was traveling too fast to stop safely.

That leads to the conclusion that there was a departure from a standard of care that would justify civil liability.

However, the manner of driving did not amount to a marked departure of a standard of care warranting of criminal sanction.

The lack of prudence by speeding is a manner of driving that even the most careful driver may occasionally perform.

I am unconvinced that Mr. Casanova’s manner of driving constituted a marked departure from the standard of care of a reasonably prudent driver in similar circumstances.

Therefore I find the accused not guilty.”

I feel a Crown appeal coming on, but that’s just a hunch. What’s a bet if there is, a ground will involve the line bolded above.

Do speed limits matter in law? Stay tuned.

For the record: Saul Simmonds was Casanova’s lawyer. John Barr acted on behalf of Manitoba Prosecution Service.

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Categories: General | No comments

“Lack of care must be serious enough to merit punishment.”

- July 16th, 2012

(The wreck that was Violet Gooding’s car on Dec. 3, 2008/Marcel Cretain/Winnipeg Sun)

The full facts of John Casanova’s acquittal for dangerous driving in the fatality of Violet Gooding, 90, on Dec. 3, 2008 can be found here. I won’t repeat them.

But it’s important to point out Judge Marvin Garfinkel’s ruling today followed from a consideration of a large number of applicable cases presented by the Crown and defence that dealt with dangerous driving, “the standard of care” and the continuum of negligence with respect to dangerous drive offences.

In other words, Garfinkel surveyed and interpreted the law of the land in Canada as presented to him and arrived at the following (you’ll get the import of the law and his analysis in what’s presented below).

“It is with the principles of these cases that the facts in this case involving Mr. Casanova must be considered and assessed.

Consequences of the collision in this case were tragic. Violet Gooding died. There is nothing that this court can do that can repair that harm.

It is a tragedy.

However, the principles of previous cases show that the consequences are not a determinative factor. The manner of driving in this context must be assessed.

The cases, the principles cited show that there is a continuum of negligence. A departure from a standard of care expected of a prudent driver may give rise to civil liability.

For a criminal sanction to be imposed, it must be proven there was a marked departure from the standard of care of a prudent driver.

The lack of proper care must be sufficiently serious to merit criminal punishment.

Mr. Casanova was operating his motor vehicle on St. Mary’s Road between 10 and 10:30 a.m.  The vehicle was equipped with studded tires, but it can’t be said with certaintly what effect that had on the collision.

The road was clear, the sun was shining. There was no obstruction to vision.

Mr. Casanova was speeding. His speed was excessive. He left the red light quickly and moved into the left lane.

It would appear that vehicles speeding on St. Mary’s Road in this area were not unusual.

However, Mr. Casanova’s speed was excessive.

Violet Gooding had vision problems. What effect that had on the circumstances cannot be stated. It is not known. Moreover, there is no contributory negligence factor in a criminal prosecution.

It is not known when Mr. Casanova saw the turning vehicle.

Infrences from testimony of the witnesses can be drawn that Mr. Casanova did not try to brake soon enough, or that he was traveling too fast to stop safely.

That leads to the conclusion that there was a departure from a standard of care that would justify civil liability.

However, the manner of driving did not amount to a marked departure of a standard of care warranting of criminal sanction.

The lack of prudence by speeding is a manner of driving that even the most careful driver may occasionally perform.

I am unconvinced that Mr. Casanova’s manner of driving constituted a marked departure from the standard of care of a reasonably prudent driver in similar circumstances.

Therefore I find the accused not guilty.”

I feel a Crown appeal coming on, but that’s just a hunch. What’s a bet if there is, a ground will involve the line bolded above.

Do speed limits matter in law? Stay tuned.

For the record: Saul Simmonds was Casanova’s lawyer. John Barr acted on behalf of Manitoba Prosecution Service.


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Categories: fatal crash, General, Saul Simmonds | No comments

Time to end the ‘superjuice’ scourge

- July 10th, 2012

(It’s no joke/WinnipegCat)

“A lot of the violence up here is attributed to superjuice. A lot of (people) are drunk when they are fighting each other, especially the gangs.”  — Edwin Wood, an Island Lake probation officer, 2009 ( Winnipeg Sun link)

To my mind, there’s little better indicator of a damaged society than any where so-called “superjuice” is allowed to exist and be sold by the 2-litre.

Slammed and damned for years now given its havoc-wreaking influence on so-called “dry” communities (typically isolated ones) in Manitoba, little has been (or can be) done, apparently, to stem the tide of violence superjuice causes.

I wrote about the alarming influence of superjuice on the Garden Hill First Nation today as part of a sentencing hearing for two kids who bashed a guy to death while hopped up on the homebrew.

[As an aside, note lawyer John Corona has been sounding the same alarm about superjuice now for years.]

It probably won’t surprise any that calls regarding the harm superjuice causes has been ongoing for many years. (link also describes how it’s made and the immense profits from selling it).

It appears nothing has changed in all that time.

A report recently written for the court still describes high prevalence of superjuice in Garden Hill.

Aside from the fact it reinforces my “Manitoba has a drinking problem” beliefs, I’m simply shocked more can’t be done to stem the smuggling of superjuice yeast into northern communities.

They’re not that big. Garden Hill is about 3,300 people.

Until this problem gets dealt with, we’ll continue to see the cycle of extreme violence in communities. And to me, that’s just wrong.

I wonder if the province made interdiction of superjuice a priority when penning the newest municipal policing contract with the RCMP? (It’s in effect for two decades).

Should the aboriginal groups contesting the issuing of the contract without their input win their case, will they?

There are things we can do about out horrific crime issues that don’t require groveling to Ottawa for permission.

Eradicating superjuice would be but one of them.

FURTHER READING:

(Unsurprisingly, I can find no government reports, stats or anything beyond media reports about the superjuice issue)

Reserves plagued by potent superjuice (Toronto Star)

Superjuice linked to Garden Hill First Nation death (CBC)

Aboriginal leaders in Manitoba call for ban on sale of yeast

Leaders brew up law to fight superjuice (WFP)


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Categories: assault, desperation, dry reserves, General, poverty, provincial jurisdiction, shame, Super Juice, superjuice | No comments

Time to end the ‘superjuice’ scourge

- July 10th, 2012

(It’s no joke/WinnipegCat)

“A lot of the violence up here is attributed to superjuice. A lot of (people) are drunk when they are fighting each other, especially the gangs.”  — Edwin Wood, an Island Lake probation officer, 2009 ( Winnipeg Sun link)

To my mind, there’s little better indicator of a damaged society than any where so-called “superjuice” is allowed to exist and be sold by the 2-litre.

Slammed and damned for years now given its havoc-wreaking influence on so-called “dry” communities (typically isolated ones) in Manitoba, little has been (or can be) done, apparently, to stem the tide of violence superjuice causes.

I wrote about the alarming influence of superjuice on the Garden Hill First Nation today as part of a sentencing hearing for two kids who bashed a guy to death while hopped up on the homebrew.

[As an aside, note lawyer John Corona has been sounding the same alarm about superjuice now for years.]

It probably won’t surprise any that calls regarding the harm superjuice causes has been ongoing for many years. (link also describes how it’s made and the immense profits from selling it).

It appears nothing has changed in all that time.

A report recently written for the court still describes high prevalence of superjuice in Garden Hill.

Aside from the fact it reinforces my “Manitoba has a drinking problem” beliefs, I’m simply shocked more can’t be done to stem the smuggling of superjuice yeast into northern communities.

They’re not that big. Garden Hill is about 3,300 people.

Until this problem gets dealt with, we’ll continue to see the cycle of extreme violence in communities. And to me, that’s just wrong.

I wonder if the province made interdiction of superjuice a priority when penning the newest municipal policing contract with the RCMP? (It’s in effect for two decades).

Should the aboriginal groups contesting the issuing of the contract without their input win their case, will they?

There are things we can do about out horrific crime issues that don’t require groveling to Ottawa for permission.

Eradicating superjuice would be but one of them.

FURTHER READING:

(Unsurprisingly, I can find no government reports, stats or anything beyond media reports about the superjuice issue)

Reserves plagued by potent superjuice (Toronto Star)

Superjuice linked to Garden Hill First Nation death (CBC)

Aboriginal leaders in Manitoba call for ban on sale of yeast

Leaders brew up law to fight superjuice (WFP)


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Categories: assault, desperation, General, poverty, provincial jurisdiction, shame, Super Juice | No comments

An opinion on danger

- July 10th, 2012

 Removing young refugees like Ismael Azadi from Canada does little, if anything to make the country safer in any tangible way.

As I wrote in today’s Winnipeg Sun, Azadi, 24, is fighting the administrative tool (some would call it a hammer) by which the federal government can remove him, known as a “danger opinion.”

Azadi, as a refugee under the Geneva Convention, can only be kicked out through the use of this process, which is laborious, expensive and almost always triggers a legal battle that clogs up the federal court and immigration systems.

In Feb 2011, Azadi was declared inadmissible to remain in Canada (He arrived here with his family from Iraq in December 2001) under the Immigration and Refugee Protection Act on the grounds of “serious criminality.”

“Serious criminality” in Azadi’s case constitutes his participation with a group of others in two separate weaponless robberies years ago where nobody got hurt and for admitting some rocks of crack cocaine found on him ($200 worth, 2.75 grams) were meant for sale.

Described in the parlance of law-enforcement officials: In terms of Azadi’s crimes, “serious harm was deemed not to be met.”

The government even admits his history with the law is “limited.”

Azadi is not gang-involved, pleaded guilty to his charges and served his time without any real issue.

Immigration officials are unsure which country (Iran or Iraq) he’ll be returned to, but have determined he faces no real risk of persecution or harm in either of the two — both countries with very poor human rights records and noted for their poor historical treatment of the Kurdish people, of whom Azadi is one.

That said, the situation in Iraq for the Kurds has improved somewhat in recent times.

How the government arrived at their conclusion he’s not at risk is really the crux of his current legal fight.

Lawyer David Matas says faulty conclusions were made based on information that was disclosed to the government (notes on his dad’s immigration file relating to his military history and a brother’s short-term involvement with the KDPI Youth Union).

But that file information was not shared with Azadi prior to being given his sole chance to contest the danger opinion before the government approved it.

Azadi was born and spent the first years of his life in an Iraqi refugee camp, where his family had lived for 20 years.

He has a supportive family, an education and the prospect of employment.

I get that he’s done wrong. I’m not in any way condoning his conduct and I’m no bleeding heart ‘hug-a-thugger.’

But Azadi was caught, admitted guilt and was punished accordingly under our Criminal Code.

According to the government, that apparently wasn’t enough to deter him, but we’ll never know because he likely won’t be given the chance to prove it (here anyways).

I get the sense that Azadi isn’t being kicked out because he poses so great a danger to you, I or anyone else in this great country.

(I can rattle off a laundry list of 14-year-old kids who are far more dangerous and violent when they’re on the streets and will continue to be dangerous all their lives).

I’m of the opinion the government is deporting Azadi simply because they can, not because it’s right to do it.

-30-

Comment from a Winnipeg Sun reader:

“Sam • 5 hours ago

  • Ismael has 3 brothers older than him and 1 brother, 1 sister younger than him . His other brothers and sister are in sckool and have been working hard just like any other citizin of this country .as I know the family from close , his parents are old and mother even very sick because of him . His family are very proud to live in Canada and be a part of this country . Now we agree if any 1 breaks law must be punishit by the law … Having said that we must also mention what else have this kid has done in this country other than his crime …. He was 13 years old when he came to Canada and was studing and very respectful person in person ! Ismael was still young when he got in to all this trouble , and it all started from high sckool and hanging out with the wrong crew. So sometimes we just put the bad images out there . I’m sure Ismael is very ashamed of his crimes and have learned his lessons and deserves a seconed chance … When his family visiting him in jail he puts his head down and so ashamed of him self and says sorry to his parents for puting them in a such unhappy life for past few years . Ismael have been in jail for a few years and some people have been to jail repeatedly for bigger crimes and they get out and live in Canada just because they have the citizen !!!!
    Again imagine coming from a refugee camp no education, no work, no water or food , hot weather and no ac , and cold no heater , and no human rights. Much much more . Sometimes these kind of life can effect on peoples life . And am not gonna reapet everything again or write more but every 1 dezerves a second chance.”

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Categories: canada, canada border services agency, danger opinion, General, immigration, iran, iraq, Ismael Azadi | No comments