Whitby Free Press, 1 Jul 1987, p. 14

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PAGE~ 14. WHITBY FREE PRESS, WEDNESDAY, JULY 1, 1987 e Mn i UfWlAhJh FF FR Ne~ws & Fetures Editor ro:d After a drug raid a few ycars ago, Toronto police laid six charges against a 29-year-old man:. possessing dangerous wcapons, wounding, two counts of assulting policemen, assault causing bodily harm and possession of marijuana for the purpose of trafficking. in all, the charges could have resulted in a fivc-year prison term and a $1,000 fijie. But, tbrougb a deal with the crown aI- torney, the judge.. instructed the jury to find the ac- cused inno cent on the first four charges in exchangc for a guilty plea 10 assault causing bodily harm. It was a typical plea bargain - an agreement 10, plead guilty in return for the promise of some benefit' - designed to save the governmcnt the time and expense of a lengthy trial. The man reccived only a suspended sentence and two years' probation on the assault charge. In another trial on the last charge, he agrced to plead guilty 10 a rcduced chargeof simple possession of drugs, and was fined $200. The case, if anyone should happen to recaîl il, causcd a furor, and was another example of what Uic Toronto Globe and Mail described at Uic lime as "bargain basement justice." Plea bargaining, a long-established practice, has been increasingly criticized over the past few ycars, and over the next twQ columns I would like 10 give you a few facts, a fcw personal comments, and a fcw prophecies. l'Il indulge myscîf t10 two weeks because I feel Ibis is important 10 evcry Canadian citizen, and 10, tell Uic truth, I have too much 10, say on the subject 10 attempt 10, condense il. Back in 1975, a study by the Law Reform Com- mission of Canada notcd that plea bargaining "destroys Uic appearance and the reaîity of justice," and strongly recommcndcd that it be abolished. This recommendation caused rnixcd emotions arnong jurisls, but, significantly, many opposing il agreed that the present systcm often subverls justice and there is a drastic need for rcform. Thougb no one knows the full extent of plea bargaining, ils magnitude is suggestcd in the growing volume of guilty pleas in cvcry big Canadian city - an estimated 60 per cént of the cases that corne 10 court. VIE WPOINT by ROXANNE REVELER B argain justice Authorities agrce that many guilty pleas resuit from bargains struck between defense lawyer and crown prosecutor. Such plea bargains are rarely publicized, seldomn appear on the court records and, as stated by the aforementioned Law Reform Commission study, "are contrary to the entire notion of justice, which should not be something purchased at the bargaining table." So why plea bargan? The primary motivation is the desire by both prosecutors and judges to dispose of cases. With the relentless upsurge of crime in recent ycars, courts and prosecutors' offices have been bur- deucd with an ever mounting caseload. As an example, hubby recently (like two weeks ago) spent a week as a juror in an attempted murder trial. The alleged crime was committed about 11/ years previously and the ac- cused had spent that amount of time in jail prior to his trial. He was ultimately found not guilty. The simple fact remains that cases must somehow be clcared. And because the judicial system would grind to a haît if most defendants werc to insist on their constitutional rights to a trial, the quick and easy way to clear those cases is through a guilty plea - often obtained by the plea-bargaining process. Pîca bargaining is also used to get information for KELLY BARNARD (1) and Vieki Robinson recently earned ail-round cords, guiding's highest honors.J Broolklin spring fair parade wrnners There was an exceptional turnout of youngsters participating in this year's Brooklin Spring Fair Îiarade. Group '74, organîzers of mec parade, sclected the following as winners in their respective categories: Best decorative bike - girls 6-8 years, Tishya Mehta; boys 6-8 years, Jeremy Mossip; girls 0 and over, Darla Price; boys 9 and over, Gregory Emm. Best decorated bike and rider - boys 5 and under, Gary Robillard; girls "-, Jaimey Scrymgeour; boys 6-, Michael Lavoie; *girls 9 and over, Danielle Opferkuck; boys 9 and over, Gail Dickhoff. Fancy dress frolic - funniest 6-8 years, DÙaniel Munroe; 9-14 years, Hinna Ahmed. Best fancy dress - 3-5 years, Amn- ber Mowbray; 6-8 years, Jessica Cotton; 9-14 years, Tami Jones. Fancy dress-best group- 3-5 years, Kristin and Paul William- son; 6-8 years, Justin and Natasha Hayward; 9-14 years, Stephanie Craddock and Andrea Little. Best decorative manual tran- sport - Stephen Lavoie. Best decorated person and manual transport - 6-8 years, Glen Curley; 9-14 years, Ryan Green- wood. Best decorated horse and rider - under 16 years, Lori Schryer. The winners of the television raf- fie sponsored by Group '74 were Kathleen Leedie of MKyrtie, first prize wJnner of a 14-inch color TV, and Laverne Stewart of Whitby who won the five-înch black and white TV. Cenrerenovations will cost $'169,860 Renovations are expected to begin in July on the Brooklin Com- munity Centre after council approved a low tender of $169,860 Mon- day night. The low bidder was J. Vlacich and Son Construction Ltd. of Scarborough. The only other tender the Town received was for $292,000. Work includes building a new kitchen and washrooms, relocating the fire exit, better lighting and putting floor tîles and dry walling on the lower floor. The centre wil be closed July and August for the work and is c xpected to re-open in mid-September. Work does not include a new septic ýystem, expected to cosi i30,OOO. Tenders on that projcct will close on July 6. a Reflecetionsof a Golden Age By MABEL M. McCABE It's a scary feeling but we ail must corne to it sooner or later - going to the dentist. 1 finally had to make that big decision thc other day. I had chipped a front tooth and it was sharp and uncomfor- table. I have neyer had a toothache soI1 rcaily did not know what to expect. Sure, I know I should sec my dentist regularly and I did when I was young. Then I found rnysclf with six youngsters and the bills for the work on their teeth made it impossible for meCto keep up my own. You aIl remember the situations when you have to make a choite, don't you? Their teeth came first. You know what happened? Their teeth also went first. At lcast one of them has false teeth and another bas partials. It's ironic but it's truc. So Uic other day I walked into Uic dentist's office wondcring if I'd have my teeth much longer. Boy, have things changcd. So many ncw ways and so much more comfort than the old days. I was made right at home and lookcd after like a dutch uncle. It took some tîme to get x-rays and to f ill the offending front tooth. After that I waited anxiously to find out if I had a terrible gum disease or some other horrible and unknown thing lurking in my mouth. It took some time but the good news arrived and I only needcd one filling and a good clcaning. Wow! What a relief. Now my only worry was how much wil this cost. I was pleasantly surpriscd it was not beyond my budget. That is thc point of this article. As a pensioner I do not have any dental coverage and a large bill would be beyond my limitcd means. I think I would have gone to the dentist years, ago if I had some help in thc costs. Maybe I'm out of line on this but I believe seniors who arc at the lowcr end of the pay scale should be hclped to keep the teeth they have in good condition. I've been told that I or others like me could have teeth pulled but there is no help for get- ting dentures. Imagine saying that dentures are cosmetic. How is an older person supposed to chcw food without them? Even getting them properly re-lined is not covercd anywhere. I wonder how oun esteemed members uf parliament would look gumming their way through all the garbage wc are forced to listen to on the question periods that arc televiscd, if thcy did not have teeth? That's another issue that wc'll enter into in some later column. It is the double standard of the rich against Uic poor that gets rny goat. Have you ever corne across some of those people who are supposed to hclp whcn you arc down on your luck - for instance, people who work at unernployment offices? I Uiink at times Uiey forget the fact that if folks did not corne in to seek help thcy would be out of work Uiemselves. One always has to look at Uic oUicr guy with compassion and realize they have to walk a mile in bis shoes before Uiey make any judgments. Phone 655-3637 hea arst or prloseuo o otinfrmoff n orA ph rostor ay oesyon aoburglar eayn derA toseu nab t ge " ee" wonisalways ar eto bryin oe jusatic e. pe bargiainngaybha use to igt testime.Oy ainstaio-accused. Whe toersn ere jointy agtc with urdr n ôen taoprios Uic crowntlaged t t oeofin ccon eadio tye theow ansaghterledoldt etihyeainusdic oither lo asr t fh u e atro f me aged wth the. lseond degrmemardrio0f n shr mancoppe guictydplea to lesser haes ihbunttadnhemprison gtmoffe an eigr htars - mcli ess ev ere prian teso jai crmdfor murder uhls eeet th Uis is rnot threrwoesoy.ftnapoeuo u hi o ispnoste o cs can Oenap "givngthe curhtsose way."aeFxanTornto lawyernc te pou tthiuseway "PleareFxsoomtmes awrgainces mat t tr ofconvei e wit ilesrgad orsta requiremecvntofjsice On Friay afegr ostsoe cerntoeysatcean rtir lista nd hed for cw cottges a sutoe r himlssag e focr mh ote.lhts tan if teirces ba core toftrail. jud g hean gilty plcasensyhas tomettal tAt tughe areinows uit wha crimehe io saleaig uity this akeusdileasy for Uiccrownend efi pene lyr 10 agrcc beforehand that 'we just won't mention the Apparcntly, such withholding of information from judges happons all too oftcn. The crown is usuaily delîghted to go along, because it clears Uic lists and saves the time and expense of a trial. And the police 'tend' 10 overcharge, laying as rnany charges as they can to provide scope for negotiations. The same pressure to dispose of cases may influence judges to be more lenient when scntcncing defendants who plead guilty than those who are convictcd aftcr a trial. Yet the practice occurs in many courtrooms, with the result that an innocent defendant can be vic- timized. How can that be? It can and ccrtainly does happen, but that's another chapter for next week. - - ----------- 1 -I ij bi à# f î t 1 ç ï f t t v 'q' 4 t 9, Ir 'e f ýî , t # 1 io > à # ý il > i -d'a à & *,*e4

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