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durhamregion.com THE CANADIAN STATESMAN ♦ NOVEMBER 10,2004 ♦ PAGE 3 CAS applauds stiffer sentence defence lawyer for former Blackstock couple admits Be is disappointed with decision jY CHRIS HALL Staff writer i [DURHAM -- The Ontario Court of Appeal "has corrected a great injustice" injustice" with its decision to increase jail terms for a former Blackstock couple who pleaded guilty to abusing their adopted sons for more than 13 years, sjay Durham CAS officials. | Last Thursday, the ^appellant court announced it would be increasing the couple's original nine-month jail sen- fences after hearing from both sides tin Oct. 15 at Osgoode Hall in Toronto. As a result, the mother in the case has lieen sentenced to a five-year peniten tiary term, her husband to four years. A court order "protects the identities of Mr. Smith, 52, and Mrs. Smith, 43, as well as the two victims in this matter, matter, now 17 and 18. On July 5, Ontario Justice Donald Halikowski sentenced the couple to nine months in jail, however public public outrage practically forced Durham Crown Attorney John Scott to ask the Province to consider an appeal, which they ultimately granted. Shortly after the appeal court announced its decision, James Dubray, executive director of the Durham Children's Aid Society, applauded the move. "We are very pleased with the revised sentences handed down," he said. "The court of. appeal has corrected a great injustice and recognized the extreme nature of the abuse that these boys suffered. "The court has validated the outrage that was expressed by many people across the country when the initial sentence was handed down," continued continued Mr. Dubray. "This new sentence sends a strong message that child abuse is wrong under any circumstances and is not to be tolerated. The judgement is unequivocal in that parents have a duty to care for and protect children." The CAS' excitement surrounding the sentence increases, however, was not shared by all. "We're disappointed that the mitigating mitigating factors were not accepted by the court in changing the sentence," said Christopher Hicks, who represented Mr. Smith at the Oct. 15 hearing before the appellate court. "We thought much was said about them being challenged themselves... certainly they did things that were wrong, but they did many things that were right, too," said Mr. Hicks, referring referring to the fact that the parents took their adopted sons to see physicians and took an interest in their education. education. "Within their limitations, they did many things right and I thought that might mitigate an increase in their sentences. Increasing their sentences sentences by five times is quite steep," he added. 'This new sentence sends a strong message that child abuse is wrong under any circumstances and is not to be tolerated' -- James Dubray, executive director, Durham CAS Mr. Hicks added appealing the decision decision is a distinct possibility. "We will read a few things and contemplate contemplate it." In its ruling, the Ontario Court of Appeal noted that Justice Halikowski "erred in principle by failing to take into account the (couple's) position of trust and the aggravating nature of their numerous breaches of trust relating relating to" the boys. The court also determined that the "sentences imposed by the trial judge are not proportionate to the gravity of the (couple's) offences and demonstrably demonstrably unfit." Brendan Crawley, a media spokesman spokesman for the Ontario Ministry of the Attorney General, noted last week that the appeals court "has found the (Smiths') conduct, which they describe as appalling abusive conduct, warranted significant penitentiary sentences sentences and imposed" increased sentences sentences on the couple. Mr. and Mrs. Smith each pleaded guilty to two counts of forcible confinement, confinement, assault with a weapon and failing to provide the necessaries of life. The couple had parole hearings at the end of August, but both were denied. Leading the Way 905-623-3379 NOTICE OF APPLICATION FOR APPROVAL TO EXPROPRIATE LAND IN THE MATTER OF AN APPLICATION BY THE CORPORATION OF THE MUNICIPALITY OF ÇLARINGTON for approval to expropriate land known for municipal purposes in 2004 as 66 East Beach Road, Bowmanville, which, land is more particularly described below in this Notice, for the purposes of a district park. NOTICE IS HEREBY GIVEN that application has been made for approval to expropriate the land more particularly described as follows: ALL AND SINGULAR that certain parcel or tract of land and premises sit : uate, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and being comprising Lots 1 and 2, Block A, Plan H50O73, former Town of Bowmanville ANY OWNER of lands in respect of which Notice is given who desires an inquiry into whether thé taking of such land is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority shall so notify the approving authority in writing, and a) In the case of a registered owner, served personally or by registered mail within thirty days after the registered owner is served with the Notice, or, when the registered owner is served by publication, with in thirty days after the publication of the Notice; and b) In the case of an owner who is not a registered owner, within thirty days after the first publication of the Notice. Any person wishing to ascertain if they have legal right to request an inquiry pursuant to this notice may consult the. Expropriations Act, R.S.O. 1990, c.E.26 for the meaning of the terms"owner"and "registered owner". 1 u,! The approving authority is: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 Temperance Street, Bowmanville, ON ' L1C 3A6 Telephone: (905) 623-3379 Fax: (905) 623-0830 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON info@municipality.clarington.on.ca "Schedule 1 /w x**s - ocn t-\ PART 2 DCTAJL -A' (not ja ■«*«) /W JU4J - OOft Patti L. Barrie, Municipal Clerk This notice first published on the 27th day of October, 2004. BROKEN NOTICE OF APPLICATION FOR APPROVAL TO EXPROPRIATE LAND IN THE MATTER OF AN APPLICATION BY THE CORPORATION OFTHE MUNICIPALITY OF CLARINGTON for approval to expropriate all interests in the lands described as Part of Lots 9 and 10, Broken Front Concession, former former Town of Bowmanville, now in the Municipality of Clarington, Regional Municipality of Durham, which land is more particularly described below in this Notice, for the purposes of a district park. NOTICE IS HEREBY GIVEN that application has been made for approval to expropriate the land^ more particularly described as follows: ALL AND SINGULAR that certain parcel or tract of land and premises situate, situate, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and being comprised of Part of Lots 9 and 10, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, Regional Municipality of Durham, which land is more particularly described as Parts 1, 2, 3,4 and 5 on draft plan of survey survey contained in Schedule 1 hereto. ANY OWNER of lands in respect of which Notice is given who desires an inquiry into whether the taking of such land is fair, sound and reasonably necessary in the achievement of the objectives of. the expropriating authority shall so notify the approving authority in writing, and . a) in the case of a registered owner, served personally or by registered mail within thirty days after the registered owner is served with the Notice, or, when the registered owner is served by publication, within thirty days'after the publication of the Notice; and b) in the case of an owner who is not a registered owner, within thirty days after the first publication of the Notice. , Any person wishing to ascertain if they have legal right to request an inquiry pursuant to this notice may consult the Expropriations Act, R.S.O. 1990, c.E.26 for the meaning of the terms "owner" and "registered owner". 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