The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

ee ee ee ee Series Page 4 t The Haileyburian Thursday, papa! 2-5 1964 A "morning evening. Insurance adjusters are probing the ruins to determine extent of the los s which is obviously substantial. after" picture of the ruins of the McIsaae Transportation bus terminal which was destroyed by fire on Tuesday The Law and the Del: Magistrate E. guest speaker at the New Liskeard Kiwanis Club on Monday of this week and spoke to members of "The Aspect of Sentencing" The address proved of such in- terest to members that the Speak- er was asked to carry-it-in full, and a complete transcription follows. Mr. President, Gentlemen:-- It is a pleasure to be able to speak to you today at this, your noon luncheon -- for you as one of a great service organization con- tribute greatly to the finer and better aspects of our way of life. Your concept of service to your community and country has much in common with the courts -- with law and with justice. The Service Club and the Court -- both have as a common aim better treatment of the individual and better citizens in a better com- munity. While the Service Club members seldom appear before the Court in person, the very humane and en- couraging effect of your labours is refelected most brightly upon so many aspects of our work in the Court. ; But a few years ago people look- ed upon the work of the Criminal Courts, in particular in the mat- ter of sentence, as having a duty of punishment and retribution. To- day the Court must still protect society from the wrong doer -- but the emphasis is not on punish- ment for the sake of punishment -- but upon re-habilitation or the returning or retaining of the in- dividual in society as a useful and respected citizen. In the early 19th Century there were some 200 offences requiring the death penalty -- that was a method of treatment through the Courts -- today, as you know, only one offence in practice carries the death penalty -- and that in effect in many jurisdictions as a penalty of the past: Our treatment of the offender has changed. Last year I had the pleasure of attending three con- ferences :-- The International Conference on Criminal. Law eae in Chicago. The United Nations Congress on the Treatment of the Offender at London, England. The International Criminological Congress at the Hague, Holland. At Chicago some six countries ;: of similar political ideology met to By Magistrate E. W. Kenrick W. Kenrick was;compare their approach to Crim- inal Law Administration. In London -- some 84 nations were represented -- and they stud- ied the treatment of man by his fellow man -- and in particular the man who has offended against so- ciety -- the jurist -- the penologist -- the sociologist -- the psychia- trist and social worker, the legis- lator, the political scientist were all present -- from Malaya, Ceylon, India from Russia and Egypt -- from China and Japan -- all with- in a stones throw of Westminster Abbey. The talks were not of re- crimination, of sabre rattling -- of war and hate. Of course here in London and later at The Hague many political ideologies were represented -- the priviliged and the under privileged -- giving mutual study to the cor-|. rection of our mutual ills through ordered process of law. There were many disciplines -- in the area of legislature, clinical and administrative treatment of our problems of law -- of our of- fenders against society--and many divergent thoughts. Each country had many laws-- some countries had little justice-- as we know it in Canada. As an individual one could not help but admire the-effort of all these people in their mutual study of the treatment of the offender. As a Canadian one could not but be proud of the pattern of justice in Canada. We have through or- derly process integrated the work of our legislator--our society 'and our courts to a remarkable degree. That process is continuing. ; I had tea with the Russian dele- gation, on the rolling lawns of Cambridge, one bright sunny af- ternoon. I listened to a gentleman from Japan in discussion with a scholar from Pakistan--in flawless English. We listened to the Ameri- can and the South American, to the Frenchman and the South Afri- can. 4 In each society a picture was painted--a picture of "justice" at work. I. am afraid some of the pictures had poor balance -- the blacks and the whites didn't blend --or the picture showed poor com- position in that its component parts were poorly assembled. One could not help but feel that the welfare of the peoples of the world does not depend so much 'on the wealth of a nation, on it's ability to shoot 'a man into space, or on it's armed might. But rather inquent that a country's progress in civil- ization, itself will rest on the de- gree to which each country pro- g@resses in the field of law and justice--in a broad picture. And to the degree to which it blends all aspects of justice--legislative, ad- ministrative and social, true picture. The greatest export from the British peoples--and we see it in our own Commonwealth, in the| United States; Japan and Israel and countless other places of the world, is in an integrated approach through ordered process to equal and humane treatment of man at law. In recent years a vast new field of sociological jurisprudence has developed and is developing. A clinical approach to justice--a scalpel is now used instead of a hammer--our technique is improv- ing. Let me illustrate what I mean. We have ia juvenile who is delin- quent. He iis a problem for society. Our Federal, Provincial and Mun- icipal Statutes and laws recognize his delinquency. He is brought be- fore the courts for help, guidance and supervision. We may call this treatment-atlaw. We find this ju- venile is the product of a broken home--perhaps 'with an alcoholic father or mother--we may find this juvenile living in a condition of poverty or moral depravity-- we may find this juvenile has not been taught the simple difference between right and wrong or fair play. We may find the child re- tarded or overly aggressive or just spoilt. We may find this child not attending school regularly. We may find poor hearing, poor sight, or other physical impairment--and al- most as many situations as there are offenders. Whatever the cause no one seg- ment of society can correct the ill. This work is the task of a team working together--integrated--the correction team. Whether its the juvenile delin- quent, the alcoholics, drug addict, prostitute or thief, we know the offender must in most cases re- turn to society eventually. Instead of a place for punish- ment iand retribution think of the Court as a diagnostic center--a hospital for social ills. '"'Individual- ization'? of punishment will give the greatest protection to society --at the- smallest cost in broken hearts and homes--or in dollars and cents." into one}- individual (referred to as punish- ment) must call upon a vast cor- rectional system--and integration of effort within this system. The official national istudy of this problem can perhaps be examined in the Fauteaux Report in 1953 to study the Canadian Penal System -- and then in 1956 the detailed plan of the Correctional Planning Committee. Much of the work had to be done on the Provincial level. Let us 'take the case of the boy who has been delinguent--and it is the same in the case: of jan adult who has committed a erime--recognized at law. A report is obtained through our Probation Service, a complete report, and before acting the Court wants to know as much about the offender as his or her mother or father, or even more. This report is prepared in On- tario by a member of our Proba- tion Service--a million dollar ser- vice--a staff of nearly 200 proba- tion officers--a service provided by your legislature. 3 Ontario has taken the lead in Canada in this field and the Pro- bation Service of Ontario ranks with the finest in the world. Probation itself has been refer- red to by authorities in the field of penology and criminology as the greatest advance in treatment and correction in the last 100 years. Let us suppose this child comes from a broken home--with an al- coholic father--and the child is a disturbed one. Your Welfare De- partment, or Children's Aid Assoc- iation may come into the picture. Your clinic or Training School may be required to take over. Or your Treatment Centre for Alcoholism or Psychiatrie Institute may be called into the picture to keep the father. Again this involved more inte- gration of effort--probation officer --Children's Aid Society -- foster home--social worker--and the child is being looked after. The alco- holic father or mother may re- ceive treatment or psychiatric as- sistance. Again integration--and the Pro- vince of Ontario is taking the lead in Canada in the effort to effect- ively deal with the alcoholic and the emotionally or mentally dis- turbed. We have Alcoholic clinics; For- ensic clinics; Family Counselling Clinics; Drug Addiction Clinics; Research and Study Centers--Psy- chiatrists--Jurists -- Sociologists-- Legislators. Our society is integrated into one body -- with one aim--'to correct social ills and assure of a high: . standard of citizen. The Court today in sidan the ; It is obvious that we must have the legislator, the psychiatrist, the sociologist, probation officer, . yes, and even: the "jurist, but most im: portant we 'must have an integrated well informed society that is. pre pared to use the services of all to \the fullest. - "The Sentence" reflects all as- pects "of justice. Think of the words, : mercy, humanity, equality, freedom, interpose the word "sen- tence" and then think of "Russia"', "South dtr souri'"' : We 'Ganadiens in the world to- day canbe proud of the reflec- tion of our society in 'our courts --the reflection of our manners and morals in our laws--we need: not be too: modest--we must not be too complacent. In 1959 nearly 60 per cent of our offenders in jail were there 'be- cause of an offence involving li- ,Gupa"", or "Mis. _|quor. We had more people in jail at one time in Ontario on-so called liquor offences thian Holland, a country of 12 million people, can accomodate in jail on 'all charges under its criminal and quasi ¢rim- inal laws. Here again Ontario has taken a lead in Canada. The prob- lem was in hand. The Ontario Al- coholic Research Foundation had been established. The A. G. Brown Clinic, a pilot project at Mimico was functioning. This problem has been under study for some time. Yes, even some of your Magis- trates, who do over 92 per cent of the sentencing, were sent to the Yale School of Alcoholic Stud- ies, to. study the problem. One further step was taken on January 19th of this year when new legislation broadened the treatment approach to ia complex sociolagical problem -- .and the courts were given wider scope in sentence and treatment. Let me cite another aspect of treatment. Ontario will spend $46,- 000,000 on mental health in 1961. The new Ontario Hospital at North Bay has had, a marked effect on the sentence of the individual, our courts in Temiskaming make wide use of these psychiatric facilities each week of the year. Last year I visited penal insti- tutes, reformatories, training schools, clinics ete. in Luxembourg, Holland, France; Belgium, Eng- land, the United States and in our own Provinces. I have visited every institute in Ontario to which the" court sends offenders. Gentlemen, the advances in penology--thé re- search, the reform, iand the re- sults, in Ontario--are up with the best in the field. Let me give two ee of our approach to the sentence and the field of corrections and the study that is involved. (1) The Canadian Congress of Cor- rections in May in Toronto (600 pre- sent - sociologist, psychiatrist, pen- ologist, criminologist, jurist, edu- eator, social worker, etc.) ~ (2) The International Criminolog- ical Congress in Montreal, 1965-- a salute to Canada. This congress will be held outside Continental Europe for the first time. - In a short talk on Aspects of Sentencing one cannot begin to ack- nowlecge the many areas of cor- rectional work. I have referred briefly to our Probation Service, our Clinics, our Mental Hospitals and our Penal In- stitutes. These agencies perhaps at times are closer to the courts. It is obvious that in the sentenc- ing process every aspect of society is involved. The Service Club is truly repre- sentative of the finer, and more stimulating aspects of our social system. The Service Club is~one of the finest forms of Community health therapy. You gentlemen give of your time, labour and worldly goods, happily, voluntarily and with no thought of personal or financial gain. Where- ever the Service Club is flourish- ing we can be assured of healthy ground upon which law and order can flourish. I appreciate this La aenten of chatting with you--and however in- adequate my remarks may have been I trust that your association will continue to flourish as part of our Canadian way of life. -- City Named The city of Gorki in Peace was once known as Ninji Novgorod and is one of that country's oldest . cit- ies, founded _in 1221. It was renam-_ ed in honour 'of the: famous pevel, ist Maxim Gorki._ Sipe ae