Toronto Star – Masih Khalatbari
Surge in medically assisted deaths under Canada’s MAID program outpaces every other country… Canada’s psychiatric community has been divided on the country’s emergence as a global leader in assisted death under the MAID program.
The legislation to include mentally ill patients in the Medical Assistance in Dying process has already passed the Parliament and is waiting to be declared law in Canada. The article fits with the “sober second review” approach, suggesting that the practice has already ceded first place internationally on the medical side but acknowledging too that the mental illness as a rationale for medical assistance in dying may be fraught with obstacles and points of decision making that are less clear; there seems to be a willingness to delay the implementation of the new legislation. The problem for those advocating delay is that the legislation is already passed and making it law is inevitable. “Some experts see the rapid growth as a human rights triumph that allows Canadians to make their own choice about when they wish to die with the full support of the state and their doctors. Others fear that failures in the health-care system and social safety net may be contributing to the surge.” Canada’s surge in deaths under MAID outpaces other countries (thestar.com)
CNN – Elizabeth Wolfe and Dakin Andone
Alabama carries out nation’s first known execution with nitrogen gas. Here’s what we know…
Alabama executed Kenneth Smith on Jan. 25, the second attempt at execution, this time using nitrogen gas, a first in the history of executions and a method that vets refuse to use on animals. Witnesses to the execution said that “Nitrogen flowed for about 15 minutes during the procedure,” state corrections commissioner John Hamm said in a news conference. Smith, who was on a gurney, appeared conscious for “several minutes into the execution,” and “shook and writhed” for about two minutes after that, media witnesses said in a joint report. That was followed by several minutes of deep breathing before his breath began slowing “until it was no longer perceptible for media witnesses,” the media witnesses said.” Besides Alabama, Oklahoma and Mississippi have approved the use of nitrogen in state executions. https://www.cnn.com/2024/01/26/us/alabama-execution-nitrogen-what-we-know/index.html Related article / petition: Change.org Canada is Complicit in Capital Punishment: STOP the production of gas masks used to kill! Petition · Canada is Complicit in Capital Punishment: STOP the production of gas masks used to kill! · Change.org Related tweet from Floridians for Alternatives to the Death Penalty (FADP): “Tonight Alabama causes humanity to take a step backwards,” Mr. Smith said in his last words. “I’m leaving with love, peace, and light.” He signed “I love you” to his family after the gas mask was put on. @DPInfoCtr.” https://x.com/FADPorg/status/1751292274313449883?s=20
Human Rights Watch (US) –
“We’re Dying Here” – The Fight for Life in a Louisiana Fossil Fuel Sacrifice Zone
The Watch raises issues of Cancer Alley in the US, a stretch from New Orleans to Baton Rouge, over-run by oil operations – fossil fuel and petrochemical – and making the area the worse in the US for cancer. “Sharon Lavigne, 71, lives in the small community of Welcome in the state of Louisiana, United States. Like many of her neighbors, the retired special education teacher has placed a sign in her front yard which reads, “We live on death row.” It is a morbid twist on the nickname by which their region has come to be more broadly known: “Cancer Alley.” The problems appear to stem from both a state – Louisiana – and a federal neglect to enforce basic standards. “We’re Dying Here”: The Fight for Life in a Louisiana Fossil Fuel Sacrifice Zone | HRW
The Marshall Project (US) – Life Inside – Darrell Jackson
How a Borrowed Blazer, Tie and Dress Shirt Helped Me See Myself as a Man, not a Prisoner – On a special visiting day at Washington Corrections Center, incarcerated men were able to dress up. This seemingly minor change made a big difference.
This is a humane article – one about the importance of human touches in the life of an incarcerated person. It is about a special day in Washington State prison called “significant Woman Event,” in which the normal rules are relaxed for a visit from a woman who is significant in the life of the prisoner. (Female prisons have a significant man visit). In this case, the significant woman was Jackson’s mom. Normally the rules for visitors prohibit actual touching and force the visit at seated at a table. The visit is time extended and this one allowed the prisoner to put on shirt, tie and blazer. It makes a difference says Jackson. How a Borrowed Blazer, Tie and Dress Shirt Helped Me See Myself as a Man, Not a Prisoner | The Marshall Project
Common Dreams.com (US) – Jake Johnson
‘Crucial Moment in History’: ICJ Orders Israel to Prevent Acts of Genocide in Gaza – “One thing has been made clear on the world stage: There is vastly documented evidence that Israel is committing genocide against Palestinians,” said the U.S. Campaign for Palestinian Rights.
The International Court of Justice has accepted as credible the South African insistence that the people of Gaza are suffering genocide. The Court stopped short of ordering a ceasefire but the extent of the court’s orders, if followed, would change the face of the war in Gaza. The court’s directives carry at least considerable moral force but not the force of law since the participation is the ICJ is voluntary among sovereign nations and several involved in the Middle East are not members. The final determination of whether genocide is occurring could be years away. “”This ruling from the ICJ is a massive legal defeat for Israel and its premiere defenders, the U.S. and Germany,” The Intercept’s Jeremy Scahill wrote Friday. “The question now is enforceability and whether the U.S. will openly trample international law in an effort to continue aiding Israeli crimes against Palestinians.” ‘Crucial Moment in History’: ICJ Orders Israel to Prevent Acts of Genocide in Gaza (commondreams.org) Related article: CNN – Zachary B. Wolfe What Texas is (and is not) doing to defy a Supreme Court setback https://www.cnn.com/2024/01/27/politics/texas-border-supreme-court-what-matters/index.html
Toronto Star – Rosy DiManno
Convicted cop James Forcillo is back, and the Sammy Yatim inquest is cut off at the knees… With strict parameters around questioning the former police officer convicted in the teen’s death, the emphasis was on mental health and wellness — of cops.
The focus of the Sammy Yatim inquest may be somewhat novel in the history of police killings. From 10 years ago now, this inquest focus seemed more on the police constable, James Forcillo, who fired nine shots into Yatim who was displaying a small knife. “Given the parameters Cameron (David Cameron, Coroner) outlined, the emphasis Tuesday was on mental health and wellness — of cops. Their trauma. Their strain.” Forcillo is back, and Yatim inquest is cut off at the knees (thestar.com)
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The Toronto Star – Sinead Bovell Contributor
AI fake news creations will undermine truthful reporting – Skepticism created by AI fakes isn’t just harmful; it’s corrosive to the very foundations of democracy.
Bovell is a futurist and a tech company owner. She suggests that the two billion voters who will elect a sizeably number of governments all over the world in 2024 create an opportunity also for considerable dis-information from Artificial Intelligence sources, bent to the purposes of the creators of the message rather than to any recognizable version of truth. “The threat is twofold. First, we have to grapple with the challenge of AI creating falsehoods that are easy to believe. But we may also face an even darker possibility: doubting the undeniable truth due to the pervasive influence of AI. It’s a paradox of progress; as technology becomes more adept at recreating reality, we risk becoming less trustful of that very reality… Yet, the “AI-political moment” is only the tip of the iceberg when we consider AI’s encroachment into the political arena. Generative AI’s efficiency in content creation, for instance, poses challenges that we are only beginning to grapple with.” How false AI news will undermine elections (thestar.com)
Canadian Press
Provinces concerned about expanding assisted-dying for mental disorders: Holland – Provinces concerned about assisted-dying expansion
Canada’s federal Health Minister Holland says that provincial counterparts are concerned about the possible expansion of the Maid or Medically Assistance in Dying provisions currently attached to medical illnesses becoming an alternative as well for mental health interventions. “Medical assistance in dying has been legal in Canada since 2016, but those whose sole underlying condition is a mental disorder are not currently eligible…Parliament approved plans to lift that restriction, but decided to wait until March in the face of widespread concerns over possible consequences.” The question is delay but the change seems sure. Provinces concerned about expanding assisted-dying for mental disorders: Holland | National News | thecanadianpressnews.ca
The Sentencing Project (US)
Life in Prison Without Parole in Louisiana – Alexandra Bailey
Few may be surprised but Louisiana has the highest per capita Life Without Parole incarcerated persons of any state in the union and in the world. The sentence, commonly known as LWOP, is mostly meted out to youth for murder convictions while under eighteen. The Sentencing Project has produced a three-page Fact Sheet on LWOP. There are about 4,000 or 15% of the state’s incarcerated persons under this sentence. “The state’s heavy use of life sentences with no chance for review on young people and emerging adults is another feature of the statute’s especially draconian nature. Four in ten people sentenced to LWOP in Louisiana were twenty-five or younger at the time of their sentence.” There is a growing insistence among professionals and advocates that a person’s brain development often continues to age 25 and that the sentence that precludes revision ignores the under-developed moments of the crime. Life-in-Prison-Without-Parole-in-Louisiana.pdf (sentencingproject.org)
Pew Foundation (US) – Ericka Rickard
How to Create User-Friendly Legal Information and Resources – Steps for making civil courts more effective
After extensive research, the Pew Foundation has arrived at two major recommendations for making the courts more accessible and easier for the layperson to use. “Courts can make their information and resources more user-friendly by implementing two key practices: Make court and legal information discoverable online, in person, and by phone. Ensure that court forms include, in easy-to-understand formats and plain language, the information users need to make educated decisions about their cases.” Pew then recommends two steps with elaborate how-to: Step 1: Bring together relevant court staff and external stakeholders. Step 2: Assess current practices and set next steps. How to Create User-Friendly Legal Information and Resources | The Pew Charitable Trusts (pewtrusts.org)
Public Broadcast System – Crosscut (US): Nimra Ahmad
Meet the CARE Team, Seattle’s new mental health crisis responders – As part of a pilot program that avoids using force, the group is dispatched alongside police officers on 911 calls that might involve emotional distress.
At first the cops showed up when a 70-year-old widow was evicted from her apartment after 20 years of residence and the recent death of her husband. The cops called the CARE team: “Enter Seattle’s newest public safety department, the Community Assisted Response and Engagement, or CARE, Team. This eviction is one example of the mental and behavioral health crises that fall under CARE’s jurisdiction.” The CARE team in a dual dispatched approach is dispatched with police after 911 calls that do not involved violence and are likely mental health calls. The CARE team has access to all the information available to the police and fire department but have no authority to remove a person or effect forceful entry. Meet the CARE Team, Seattle’s new mental health crisis responders | Crosscut
Blogger Russell Webster (UK)
Lawyers face difficulties seeing clients in prison…
A January 22 report published by the British Association of Prison Lawyers raises the flag over access to the incarcerated. “The report starts by setting out the (rather dismal) context of the current state of the criminal justice system with the prison population at an all-time high and delays in the courts at record levels. It also draws attention to a recent survey by the APL which concluded that funding for legal aid work with prisoners has become unsustainable to the point where three-quarters of prison lawyers do not think they will be doing prison law legal aid work in three years’ time. Due to reductions in the scope of what legal aid work covers in the last decade, almost all cases for people in prison have a bearing on their liberty.” https://www.russellwebster.com/lawyers-face-difficulties-seeing-clients-in-prison/
The Conversation (Queen’s) – Warren Clarke
Young Black men in Canada face racism, ageism and classism when looking for work…
About 11% of Canada’s youth are unemployed. That number goes to 17.5% of Black youth. “Impoverished Black male youth in particular encounter racism, ageism, classism and gender biases when looking for work. These are stereotypes which encourage many Canadian employers to view them as not good for business and unemployable.” Clarke, a U of Manitoba anthropology professor, suggests what he calls “intersectional oppressions.” Clarke also suggests that Black youth in low-income areas of Montreal suffer from discrimination following on secularism laws. Young Black men in Canada face racism, ageism and classism when looking for work (theconversation.com)
The Marshall Project (US) – Maurice Chammah
Vomiting, Seizures, Stroke: What Could Happen in the First Nitrogen Execution in the U.S. – A doctor on what’s new — and what isn’t — about the latest death penalty experiment.
This article is noteworthy because for the first time anywhere in the world nitrogen will replace oxygen through a mask to execute an individual and secondly because the Alabama authorities attempted the execution of this man before by lethal injection and failed. “Alabama state officials have said the goal of “nitrogen hypoxia” is for the prisoner to quickly lose consciousness as oxygen leaves his or her body. But Smith lawyer’s are asking a series of federal courts to stop the execution, arguing that if something goes wrong, he might vomit, asphyxiate or be left in a persistent vegetative state. So far, they’ve been unsuccessful.” What Could Happen in 1st Nitrogen Execution in the U.S. | The Marshall Project
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Nunavut Government
Restorative Justice Diversion Program
It may be helpful to know in the light of the political developments towards becoming a province that the principles of restorative justice are well set up for Nunavut, elders, and youth. This link offers an insight on the operations of the Community Justice Model with outreach workers and committee participation. “The role of the Community Justice Committee is to reconcile the person who committed the crime with those who are affected by crime and the community stakeholders utilizing restorative approach and Inuit Societal Values to repair the harm and restore the harmony in the community…Each community in Nunavut has a Community Justice Committee, which are representative of all ages, with special regard for Youth and Elders in each community.” Restorative Justice Diversion Program | Government of Nunavut
Toronto Police Budget presentation – Jan 18, 2024
Toronto Police Service Chief Administrative Officer Svina Dhaliwal and Dr. Dubi Kanengisser, Executive Director of the TPS Board, presented to the City’s Budget Committee the risks and service shortfalls associated with the proposed police budget cuts. 1.7 % increase requested – $20 million above the budget for 2023. Transcript of the presentation accompanies the YouTube video of 34 minutes. https://www.youtube.com/watch?v=Iuy9T_aoYvw Related video: Chief Myron Demkiw Addresses Toronto City Council Budget Committee Re: @TorontoPolice Budget https://www.youtube.com/watch?v=Iuy9T_aoYvw (8 minute video response to expectation of a $12.6 cut on 2023 budget) Related article: Abacus Data Worth-a-look – David Coletto Perceptions about crime and public safety drive support for increasing spending on the police in Toronto Police, Police Services Funding, and the Public (mailchi.mp)
Toronto Star – Jim Rankin
8 years after tossed conviction, Toronto mom Cindy Ali is found not guilty in death of disabled daughter – Toronto mother Cindy Ali has been found not guilty in the sudden death of her severely disabled daughter in a verdict — met with applause in a packed courtroom Friday morning — that brings to an end a prosecution that spanned two trials and more than a decade.
It took eight years and persistence for defense lawyer James Lockyer to get a retrial before a judge alone after a jury decided Cindy Ali had not invented a home invasion to contextualize the murder of her disabled daughter, nor had she used the incident to her advantage in a mercy killing. “At Ali’s successful appeal, Lockyer and Zita argued her jury had been “straitjacketed” into a decision that wrongly resulted in a conviction and automatic life sentence… The appeal court found that motive “so meagre” and “speculative” that the judge should not have left that with the jury as a possibility.” Toronto mom Cindy Ali not guilty in daughter’s death (thestar.com)
KQED (San Mateo, CA) Holly McDede
Police Pilot New Tactics for People with Dementia as Advocates Urge Compassion
The link describes what training a typical police officer gets for dealing with persons with disability. In this case, the presenting disability is dementia in several older persons. The older incidents prompted a review of the police action and attempts at legislative changes in the approach. The San Mateo police department launched a 45 min video for training, hired an advisor on dementia, and launched a blue tag register of people with dementia with adequate information and address alerts for the houses. Project Guardian, as the police have named the policy, also is useful in the case of people with dementia who wander. Police Pilot New Tactics for People with Dementia as Advocates Urge Compassion | KQED
Tweet from Brandi Morin on police violence: “We live in a generation that has been forced to obtain justice from police violence & misconduct through body cam footage. Too often that justice is denied and delayed; and way too often people are injured or killed. Police brutality against Indigenous Peoples in this country is high. An Indigenous person in Canada is more than ten times more likely to have been shot and killed by a police officer than a white person in Canada. As a journalist, especially considering I cover Indigenous stories, it’s my job to document police actions against vulnerable citizens. Last week when @edmontonpolice moved to forcibly remove an Indigenous homeless encampment I was on scene to document. That’s when I was arrested & charged with Obstruction. No, I did not break the law, I was doing my job.” https://x.com/Songstress28/status/1748037082503905686?s=20 Related article: Global News – Breanna Karstens-Smith Edmonton police commission meeting interrupted by advocates angry with encampment response Edmonton police commission meeting interrupted by advocates angry with encampment response – Edmonton | Globalnews.ca
The Marshall Project – Life Inside – LaMarr W. Knox
How the Police and Vigilante Killings of Black People Have Forced Me to Look Inside – It feels hypocritical to reserve my rage for the men who killed Tyre Nichols and Trayvon Martin when I, too, have taken Black lives.
Listen to the mournful reflection of one still incarcerated after twenty-nine years and who also killed Black people: “When the killings of Black men like Tyre Nichols and boys like Trayvon Martin play out in the public, I can’t help but feel mixed emotions — anger, confusion, regret, and remorse. Some may think it’s strange to compare myself to rogue cops and vigilantes like Zimmerman, but we all have different lived experiences, and lessons come in different forms… I’ve spent many nights staring at the ceiling with my fingers interlocked behind my head, thinking about the night I senselessly killed two men. I used to rationalize my actions by saying that a gun was flashed on me and that I was shot, too.” https://www.themarshallproject.org/2024/01/19/tyre-nichols-trayvon-martin-collective-pain
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Toronto Star – Emily Fagan
Police spending has ‘no consistent correlation’ with lower crime rates, new Canadian study says – “I think a lot of people simply assume that more money for the police will mean safer communities,” said co-author Akwasi Owusu-Bempah. “We’re demonstrating that that’s not the case.”
It is safe to say that police budgets have been growing across the country, some at alarming rates and at serious harm to other municipal services, sacrificed to pay for police expansion. What is surprising is that the long-held notion or more money-less crime does not appear to stand up to scrutiny. So says the University of Toronto Public Policy Journal. The scholars looked at twenty municipalities and examine the crime severity rates from 2010-2019 and the policing budgets from 2010 – 2021. “I think a lot of people simply assume that more money for the police will mean safer communities,” said co-author Akwasi Owusu-Bempah, an associate professor in Sociology at the University of Toronto. “We’re demonstrating that that’s not the case.” https://www.thestar.com/news/gta/police-spending-has-no-consistent-correlation-with-lower-crime-rates-new-canadian-study-says/article_eedff7f4-b3b9-11ee-81a9-ffea73dd6f71.html Full text / abstract (Report in French): Police Funding and Crime Rates in 20 of Canada’s Largest Municipalities: A Longitudinal Study (Full Text at: Police Funding and Crime Rates in 20 of Canada’s Largest Municipalities: A Longitudinal Study | Canadian Public Policy (utpjournals.press) (Subscription required).
Edmonton Journal – Jeff Shantz
Opinion: Let’s stop the dangerous practice of arresting intoxicated people
Author Jeff Shantz teaches in the Department of Criminology at Kwantlen Polytechnic University. His article was prompted by the death in custody of the Edmonton Police Services a 49-year-old arrested for public drunkenness. Shantz reports that in 2022 there were at least eight deaths in custody across Canada and in 2023 there were at least four more. The problem is that no one keeps the stat around the people who are arrested drunk and who die in custody. Shantz wants an immediate end to the arrest for public drunkenness and wants a public health resolution. “The situation surrounding these arrests is so dire that the Independent Investigations Office (IIO) of B.C. recently called for an end to intoxication arrests while pushing for the province to move to non-police responses — appropriate healthcare supports — for people who are intoxicated and need care. IIO Director Ronald MacDonald stated, correctly, that “the care of intoxicated persons should not be a police responsibility. It is a health-care issue.” https://edmontonjournal.com/opinion/columnists/opinion-lets-stop-the-dangerous-practice-of-arresting-intoxicated-people
Homeless Hub – Alan Hanna
Systemic Barriers for First Nations People: Security of Tenure in Canada
This is an important conversation before assessing who is to blame for homelessness and how to fix the problem for First Nations. “First Nations people’s experiences with housing vary based on a number of factors, from geographic and jurisdictional location within Canada to the severity of impact of colonialism on an individual’s home community. However, the existence of many common systemic barriers continues to limit the options First Nations people have to access safe, affordable housing, whether on or off First Nation reserves. In addition to explicitly identifying some of the key systemic barriers to security of tenure faced by First Nations people, this report attempts to offer a concise rendering of the history of the Crown’s relationship with First Nations in order to provide context for the problems and barriers which continue to the present.” Systemic Barriers for First Nations People: Security of Tenure in Canada | The Homeless Hub
The Sentencing Project – Ashley Nellis
Massachusetts First State to Ban Life without Parole for People Under 21
The recognition is a significant development in US youth justice – by the Supreme Court of Massachusetts – that Life without Parole is an unconstitutional sentence for a person under twenty-one. “ Last week, Massachusetts’s highest court ruled that its ban on life without parole sentences for youth under eighteen also applies to “emerging adults,” through age 20. The ruling stems from the case of Sheldon Mattis who participated in a crime at age 18 during which his 17-year-old co-defendant killed someone. The co-defendant’s youth qualified him for parole review after 15 years, but Mattis received a mandatory life without parole sentence because he was 18 years old.” The ruling is a recognition that youthful brain development continues well after the chronological age of eighteen, the legal age, and the reality impacts on youthful decision making or intent. (Sentencing Project Press Release) https://www.sentencingproject.org/
Full Ruling: f11693.pdf (mass.gov)
Blogger Russell Webster (UK)
Food matters in prisons…
“Food does matter if we want to create a more secure, and rehabilitative environment in prisons.” Prison food is frequently a factor in unrest and tensions in prisons. The UK charity Food Matters has published a 42-page briefing (pdf): “This paper explores the crucial role of food in shaping prisoners’ identities and relationships and its potential to have positive impacts in prisons, including fostering relationships; promoting education, exercise and meaningful activities; enhancing cultural understanding improving physical and mental health; enhancing safety; and reducing reoffending. Food Matters has concluded that food should move from being a functional aspect of prisons to become a focal point for various activities and improvements to prison regimes.” There is an executive summary and key findings from the project. https://www.russellwebster.com/food-matters-in-prisons/ Full Report: https://www.foodmatters.org/wp-content/uploads/2024/01/Food-Matters-in-Prisons-report-FINAL-January-24.pdf
American Civil Liberties Union (US) – Jay Fernandez
Jury Justice – A class-action lawsuit challenges the permanent exclusion of people with felony convictions from serving on juries.
There is a patch quilt of prohibitions on anyone with a felony record, some of which are truly worthy of additional punishment status, such as housing, jobs, welfare. This action by the ACLU brings notice of yet another prohibition that seems to hover if not cross the line into human rights violation: a felon cannot be a juror. “Jury service is a fundamental right. It holds law enforcement, prosecutors, and judges accountable in a criminal legal system that is inherently biased.” Jury Justice | ACLU
Pagosa Daily Post (Colorado, US) – Emily Murphy
Charter School Students Mediate Conflicts, Build Community
Pagosa Peak Open School, a charter elementary school, trains its students in restorative practices and then forms a panel to mediate disputes even among first graders. “Restorative Practices adds a layer to PPOS’s discipline policy, allowing individuals to take responsibility for their actions and work toward repairing harmed relationships. This is the first step and allows students to identify solutions to problems with support, in place of being given an unrelated consequence around rule-breaking.” How do student restorative Practice Board Members see the role of helping resolve conflicts? “It’s fun helping kids; and nice to know how to communicate and help others,” said eighth-grader Amelie, who is in her third year as a Restorative Practice Student Board member.” Charter School Students Mediate Conflicts, Build Community – Pagosa Daily Post News Events & Video for Pagosa Springs Colorado
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What is Integrated Youth Services (IYS)?
The link offers, among other things, a five-minute explanation of Integrated Youth Services, an effort to confront the many faceted social services each available as a solo service but collectively rarely satisfying or healing. It may be important to ask why this approach is enjoying a success across Canada and whether the approach of a helper who is able to access whatever services are needed without referrals, waiting lists or delays, especially in mental health, where the delay is often the crippling part of services. The links below will bring you to a variety of commentary by practionners. Choices for Youth on X: “Join us in raising awareness for mental health on #BellLetsTalk Day on January 24 NL was featured in a video about Integrated Youth Services (IYS) – check it out to learn about the work being done on IYS https://t.co/8RAwhLruIM #TogetherWeCan @Bell @Bell_LetsTalk” / X (twitter.com) Related article: Blogger Russell Webster (UK) Best practice in working with people with mental health problems on probation https://www.russellwebster.com/best-practice-in-working-with-people-with-mental-health-problems-on-probation/ Blogger Russell Webster (UK) – The Feminization of Probation by Matt Tidmarsh https://www.russellwebster.com/the-feminisation-of-probation/ (An interesting question: Do caring profession benefit more from women than men? If so, what are the implications for the legal system?)
Nowthisnews.com (US)
Corporations raised hysteria over a rise in organized shoplifting — it turns out this was all hoax…
“Corporations Admit Increase in Organized Shoplifting Was False – Corporations raised hysteria over a rise in organized shoplifting — it turns out this was all hoax. It may be odd that the increased hysteria occurred over the holiday seasons from Thanksgiving through New Year while prices for pretty-well everything were runaway – what better excuse for price increases! But even such incons of media reporting as the N.Y. Times have charged that the reporting was bluster at best. https://x.com/nowthisnews/status/1745838798175359218?s=20 (A 3 min 30 sec video report.) Related article: Human Rights Watch Daily Brief – Do we really need a trillionaire? https://www.hrw.org/the-day-in-human-rights/2024/01/15
Toronto Star – Gillian Steward
Leaving Edmonton’s homeless out in the cold is shameful – It’s not as if we don’t know that there are a lot of homeless people living outside. Treating them like garbage to be cleaned up is shameful.
Steward is putting in words what many Canadians must be feeling. Edmonton police and city dismantled winter-proofed tents, collected personal belongings and forced evacuation of a temporary shelter for homeless people. The larger part of the homeless were First Nations and, claimed witnesses, the remains of Colonialism towards the Indigenous. Says Steward: Top of Form
Bottom of Form
Imagine, snow covers the ground, it’s -40 C and you are living in a small tent encampment in Edmonton when the police arrive, tear down the tents and order you to move on. Move on to where? If you are still living outside when a dangerously cold blanket of Arctic air has engulfed the city, any other options must have been much worse.” Edmonton homeless response is shameful (thestar.com) Tweet from Brandi Morin on the homeless struggle in Edmonton: “It’s not up to the province @ABDanielleSmith or @CityofEdmonton @AmarjeetSohiYEG to decide what to do with displaced Indigenous Peoples, which make up 60% of those on the streets. To forcibly remove them from encampments, throw their belongings in dumps & to tell them to wait in line for treatment/shelter. It’s a severely broken, colonial system that does not work. The people are survivors of various traumas inflicted by colonial systems & these same systems will never adequately help. I witnessed the continued violence this week, against human beings who are non-violent. Even a 68-yr-old residential school survivor Kohkum living at this encampment. The homelessness/addictions/mental health struggles are a symptom of the consequences of the generational genocidal strategies of all levels of government & society. The response is cruel, inhumane and in direct opposition to reconciliation. Provide dignity, sovereignty, support for Indigenous led solutions and healing, not the upper hand of law enforcement & colonialist band-aid remedies.” https://x.com/Songstress28/status/1745891825854935299?s=20 Related tweet: Brandi Morin on Bear Claw Patrol witness: “This was remarkable to witness tonight. Bear Claw Patrol, an Indigenous led outreach to the unhoused in Edmonton, put up a 61-year-old woman named Joanne in a hotel. They found her in pain and cold waiting to get in the Bissell Center (it was -33 out), but it wasn’t open for a couple hours. Joanne is originally from Quebec and has been homeless for three years. She was so grateful to have a warm room, bed and excited to take a hot bath.” https://x.com/Songstress28/status/1746441140558299155?s=20 Related tweet from Brandi Morin on homeless crisis as emergency: “At Edmonton City Hall ahead of a Special Council Meeting called by @AmarjeetSohiYEG to ask for support to declare a housing & homelessness state of emergency. The provincial cabinet minister of Community and Social Services Minister @JasonNixonAB has called the meeting ‘bizarre’ & ‘a complete political stunt.’ Meanwhile, I was arrested while documenting City Police’s forcible removal of an unhoused Indigenous camp last week & have been following the homelessness crisis on the streets of Edmonton in -40 weather over the weekend.” https://x.com/Songstress28/status/1746965175331344639?s=20 Related tweet: Bradley Lafortune on Edmonton Police action: “Edmonton Police have spent the last week razing unhoused people’s homes, assaulting peaceful witnesses, and yesterday they arrested an Elder, a journalist and a young woman. McFee has lost control. He has made this city an international embarrassment.” https://x.com/BradLafortune/status/1745475420999598323?s=20
The Sentencing Project (US) – Nazgol Ghandnoosh, Co-Director of Research
One in Five How Mass Incarceration Deepens Inequality and Harms Public Safety
This report draws attention to the reduction in mass incarceration numbers from 2017-2022. But the actual number of persons incarcerated is still considerably larger than previous and the rate is also higher, especially for Black persons. The Executive Summary of this 20-page pdf report is well worth reading to understand the precipice holding prison reform in continuance. “Specifically, this report explores laws and policies that exacerbate socioeconomic inequalities by 1) imposing financial burdens and collateral consequences on people with criminal convictions and 2) diverting public resources from effective interventions to promote public safety.” One-in-Five-How-Mass-Incarceration-Exacerbates-Inequality-and-Harms-Public-Safety.pdf (sentencingproject.org) (The report is one of a series available at: One-in-Five-How-Mass-Incarceration-Exacerbates-Inequality-and-Harms-Public-Safety.pdf (sentencingproject.org) Related tweet from Alex Karakatsanis on crime reduction: “One way you can tell people in power don’t actually care about “crime” is their failure to promote the policies that all the evidence shows are the best for reducing interpersonal harm: universal access to medical care, early-childhood education, cash transfers, and housing.” https://x.com/equalityAlec/status/1747105807332692351?s=20
Human Rights Watch Daily Briefings
Assault on the Powerless
This horrendous report borders on the insane but represents a vivid description of what pure hate can do for humanity. The refugees are Rohingya in Indonesia but the phenomena is not limited to Indonesia. Hear the Human Rights warning: “The rage that drives these ugly attacks has been whipped up in coordinated online campaigns. Rabble rousers spread lies on social media about the refugees to fuel public anger against them… And it’s not limited to Indonesia: In the past year, we’ve seen orchestrated mob violence targeting refugees and migrants in numerous countries. https://www.hrw.org/the-day-in-human-rights/2024/01/16
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Medriva.com
A Restorative Pathway: The Bold New Approach to Tackling Climate Change
A group of researchers from Oregon State University have a novel but comprehensive plan on how to address climate change: “The proposed restorative pathway is based on the concept of ‘radical incrementalism’, aiming for large-scale transformation through small, manageable steps. Unlike many current strategies, it does not rely on the development of carbon capture technologies or assume continued economic growth. Instead, the pathway emphasizes reducing resource consumption, stabilizing per capita GDP, promoting education for girls and women, and transitioning to renewable energy sources. By doing so, this approach seeks to limit global warming much more effectively than current pathways that support rising resource consumption by wealthy nations.” Despite the current challenges, “the restorative pathway presents an alternative vision for a sustainable and equitable future, emphasizing the need for immediate action and long-term perspective.” https://medriva.com/health/environmental-health/a-restorative-pathway-the-bold-new-approach-to-tackling-climate-change/ University of California Law / Vera (US) – Paradigm To Policy: Transforming Accountability and Public Safety with Restorative Justice (The link offers a free two day virtual seminar on issues around how restorative justice may offer a viable alternative to current criminal legal practices.) https://www.vera.org/events/from-paradigm-to-policy-transforming-accountability
Tweet from Brandi Morin on Edmonton encampment removal: “I am not a criminal. But today I was charged with a criminal offence while doing my job as a journalist documenting the actions of police raiding vulnerable, unhoused, unarmed Indigenous Peoples in their own territories to displace them out of their tent homes & throw their belongings in a dump. I’m pissed that I was impeded from reporting on the incident. I’m pissed about the continual trauma faced by our people; the forcible removal of our people from Native lands & the phony charade of reconciliation. The violence that occurred today is not the answer. I can’t stop thinking about the people whose belongings were ravaged and thrown in dumps today. About the city injunction to sweep these people to the curb as if that will solve the problem. The city does not have a solution, the province doesn’t either. When the officer told the elder today they were going to be ‘forcibly removed’ I thought, ‘same old.’ The land acknowledgments are a joke. Edmonton isn’t the only place this is happening, it’s the aftermath of the greatest injustice that’s ever occurred across Turtle Island. The aftermath of genocide, yet the violence willfully continues. https://x.com/Songstress28/status/1745330649551253654?s=20
Criminological Highlights (Dec 2023) – Anthony Doob and Rosemary Gartner (University of Toronto)
As usual, the Highlights speak to current issues in the criminal legal system: The eight papers that are summarized in this issue address the following questions: 1. How did American news organizations contribute to American mass incarceration? 2. How do many police departments see their relationships to ordinary citizens? 3. Should communities welcome the implementation of “school resource officers” [police attached to ordinary schools]?4. Is the impact of school suspensions the same across racialized groups of students? 5. How do ordinary political affiliations affect ordinary policing? 6. Why do so many people who do not have stable housing have criminal records? 7. Are laws prohibiting employers from asking about the criminal records of job applicants effective in helping this group get jobs? 8. Why is it important, when attempting to control incarceration rates, to look beyond the laws related to sentencing and imprisonment? https://www.crimhighlights.ca/ (May be a slight delay posting the latest) Link to Twitter: https://x.com/CrimHighlights/status/1704516945511403574?s=20 Link to Centre for Criminology & Sociolegal Studies, University of Toronto: You can have your own link to this resource: https://www.crimsl.utoronto.ca/
NBC News – by: KIM CHANDLER, Associated Press
Federal judge says Alabama can carry out nation’s 1st execution using nitrogen gas; appeal likely…
The lawyers call it “cruel and experimental” but a federal appeal court has cleared the way for the execution of Kenneth Eugene Smith by nitrogen hypoxia on Jan 25, 2024. “The state’s plans call for placing a respirator-type face mask over Smith’s nose and mouth to replace breathable air with nitrogen, causing him to die from lack of oxygen. Three states — Alabama, Mississippi and Oklahoma — have authorized nitrogen hypoxia as an execution method, but no state has attempted to use it so far.” Smith, 58, has survived one attempt to execute him because executioners could not insert the two intravenous lines required to execute him. https://www.kget.com/news/ap-federal-judge-says-alabama-can-carry-out-nations-1st-execution-using-nitrogen-gas-appeal-likely/
CBS News – St Paul, Minnesota
St. Paul, Minnesota, witnessed a historic moment when it welcomed its new city council composed entirely of women. Among the seven council members, six are women of color and all are under the age of 40. Priorities are likely to change! https://x.com/CBSEveningNews/status/1744876056769638794?s=20
CTV News – Jon Woodward
Sentences lowered for kidnappers, shooters and drug traffickers due to conditions at Toronto’s ‘Guantanamo South’
This report on conditions at Toronto’s South Detention Centre is disturbing in more ways than humane treatment concerns. Staff shortages at the 2,000 person maximum security jail have resulted in serious and extended lockdowns, in turn resulting in the practice of reducing sentences for the inhumane conditions. “In the last year, records show at least 24 criminals have had their time in custody reduced because of repeated lockdowns, pest infestations and other harsh treatment at the Toronto South Detention Centre…” Included in the problems are three persons in a cell for two, and persons on remand. Says Justice J. Himmel: “It is warranted that credit be quantified to demonstrate the court’s condemnation of these conditions.” Toronto South is a provincial jail and the responsibility of the Ford government. https://toronto.ctvnews.ca/sentences-lowered-for-kidnappers-shooters-and-drug-traffickers-due-to-conditions-at-toronto-s-guantanamo-south-1.6720518 Related article: ABC News – Up-north-live – Cynthia Gould 2nd such case: Inmate’s organs, including brain, missing from decomposing body https://upnorthlive.com/news/nation-world/-brain-missing-autopsy-decomposing-body-2nd-case-revealed-alabama-inmate-body-found-missing-organs-charles-edward-singleton-brandon-dotson-department-corrections-pathology
Law Times News – Angelica Dino
Ontario Human Rights Commission releases report on anti-Black racism by the Toronto Police – The report highlights systemic racial discrimination, profiling, and racism…
This is a final report from the Ontario Human Rights Commission (OHRC) (initiated in 2017) report that brings back a why question on the recent RCMP announcement to keep racial data. There already exists considerable data showing that racism functions very well and prominently in policing. The question is not whether but how to change the proven reality and conceded systemic racism among all types of enforcement agencies. “The Ontario Human Rights Commission (OHRC) has released its final report, “From Impact to Action,” concluding its inquiry into anti-Black racism within the Toronto Police Service (TPS).” The report files over 100 recs about how to mitigate the problem and change the practices contributing to the racism. “Dr. Scot Wortley, professor at the Centre for Criminology and Sociolegal Studies, University of Toronto, praised the OHRC’s “groundbreaking report.” Dr. Wortley said, “I am cautiously optimistic that, if adopted, the OHRC’s recommendations will help reduce systemic racism, improve public transparency and police oversight, and foster a relationship of trust between the TPS and Toronto’s Black communities.” https://www.lawtimesnews.com/practice-areas/human-rights/ontario-human-rights-commission-releases-report-on-anti-black-racism-by-the-toronto-police/382710?hsmemberId={{contact.hs_object_id}}&utm_source=GA&e=bWptbWFuc2ZpZWxkQGJlbGwubmV0&utm_medium=20240111&utm_campaign=LTW-Newsletter-20240111&utm_content=&tu= Related article: Global News – Talha Hashmani Advantages to collecting race-based data for RCMP, says one Manitoba expert https://globalnews.ca/news/10216751/advantages-race-based-data-rcmp-manitoba-expert/
US Bureau of Prisons – National Prisoner Statistics, [United States], 1978-2022 (ICPSR 38871)
This is the latest on the number of incarcerated persons in the US. https://www.icpsr.umich.edu/web/NACJD/studies/38871?utm_content=default&utm_medium=email&utm_source=govdelivery
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The Marshall Project (US) – Maurice Chammah
The Mercy Worker, Illustrated – Her mission was to save him from death row — by telling the story of his life.
While we have no pre-occupation with the death penalty in Canada, we always need an infusion of mercy. The link offers an illustrated version of the story of mercy seeker Sara Baldwin who tries to save those condemned to death. Chammah calls her a mercy worker or alternately a mitigation specialist who pursues the life story of those sentenced to die and uses the personal history to illustrate the trauma inflicted on the person as rationale for the mercy. James Bernard Belcher’s story is a powerful reminder of the influence of early trauma and en excellent reference point for crime and punishment. https://www.themarshallproject.org/2023/12/18/death-penalty-comic-mitigation-specialist (The original narrative of the Mercy Worker can be found here: The Marshall Project – Maurice Chammah: The Mercy Workers: For three decades, a little-known group of “mitigation specialists” has helped save death-penalty defendants by documenting their childhood traumas. A rare look inside one case. https://www.themarshallproject.org/2023/03/02/death-penalty-mitigation-specialists-rare-look ) Related article: The New Yorker – Sara Stillman Sentenced to Life for an Accident Miles Away – A draconian legal doctrine called felony murder has put thousands of Americans—disproportionately young and Black—in prison. https://www.newyorker.com/magazine/2023/12/18/felony-murder-laws Related article: Canadian Press: New Brunswick judge apologizes for ‘miscarriage of justice,’ decades of lost freedom for two men: Robert Mailman and Walter Gillespie who were falsely convicted in 1984. Chief Justice Tracey DeWare of the New Brunswick Court of King’s Bench: “The only reasonable response, is to double down on our efforts to improve our justice system and guard against these anomalies, which is accomplished first by shining a light on the circumstances that led to these devastating situations.” New Brunswick judge apologizes for ‘miscarriage of justice,’ decades of lost freedom (msn.com)
Blogger Russell Webster (UK)
Experiences of probation on release from a life sentence
There is always a public reaction when a person sentenced to life in prison is released on parole, witness the South African Olympian Oscar Pistorius ( Cf CBC News: Oscar Pistorius released from prison on parole, South Africa’s corrections department says – Sprinter served nearly 9 years of murder sentence for killing girlfriend Reeva Steenkamp https://www.cbc.ca/news/world/pistorius-parole-steenkamp-murder-1.7075164 ). But while we know relatively a lot about what happens to aging prisoners, we know little about how those same persons fare when released on parole, especially where there are few support services. Pistorius served nine years in prison. Webster introduces Ailie Rennie, a Ph.d researcher, who asks questions of twenty lifers released over the past year. One surprising result is that most of these persons were overwhelmingly positive about their circumstances on release. https://www.russellwebster.com/experiences-of-probation-on-release-from-a-life-sentence/ Related article: Blogger Russell Webster (UK) – Where Next For Our Overcrowded Prisons? The Parliamentary Office of Science and Technology examines the prison population growth, its policy implications, and the impact on people in prison. https://www.russellwebster.com/where-next-for-our-overcrowded-prisons/
CBC News –
Debate around police body cameras continues, efficacy questioned…
The bodies cameras used by most police agencies in Canada are still under study for effectiveness and cost. Some advocates say that the accountability needs definition and acceptance by civilians, not just police, and that to justify the use based on compliance of people getting arrested is insufficient. In short, what the cameras add and who benefits from the presence of the cameras, and the consequences for turning off the cameras are questions that need determination. https://www.cbc.ca/player/play/2297409603603b Related article: CBC News – Police board chair wants body camera pitch re-explored after 3 fatal shootings by Winnipeg officers https://www.cbc.ca/player/play/2297088579874
Chalkbeat.org (Colorado) – Jason Gonzales and Charlotte West
Colorado becomes one of the first to employ an incarcerated professor…
This is not a new thought but rather another one whose common sense is overcome by our focus on punishment. Given the number of people incarcerated in the US, why has not the skills and professional qualifications of the incarcerated played a greater role in both individual rehab and rehab of the prison population? Prisons have long sought to bring in professors from the outside to deliver tertiary educational programs to the incarcerated. This is the story of having the incarcerated themselves deliver college accreditation. “(David) Carrillo knows firsthand the power of education — he was never supposed to get out of prison. But in December, Colorado Gov. Jared Polis granted Carrillo clemency for his role in a 1993 murder. Carrillo will walk free later this month after 29 years thanks in large part to his work to educate himself and find a productive way to do his time.” https://www.chalkbeat.org/colorado/2024/01/04/incarcerated-professor-teaches-college-classes-in-prison/
I’ve Reported on Dementia for Years, and One Image of a Prisoner Keeps Haunting Me
The link is an enlightening perspective on the issue of elderly and ill incarcerated persons who are frequently without awareness of where they are or why they are there. A large number of them are people sentenced for teen-aged crime and known as Life without Parole or LWOP. “Between 1999 and 2016, the number of prisoners over 55 increased by 280 percent, according to a report by the Pew Charitable Trusts; over the same period, the number of incarcerated younger people grew by just 3 percent. This trend is largely attributed to “tough on crime” reforms in the 1980s and 1990s, which lengthened sentences and ensured that many more people would grow old and frail and then die behind prison walls… Incarcerated life is also thought to accelerate the aging process, such that many longtime prisoners appear more than a decade older than their chronological ages — and are considered “elderly” at 50 or 55. ” https://www.nytimes.com/2023/08/11/opinion/dementia-prisons.html?smid=nytcore-ios-share&referringSource=articleShare
The International Centre for Criminal Law Reform (UBC – Allard)
Considering the Best Interests of the Child in Sentencing and Other Decisions Concerning Parents Facing Criminal Sanctions
The ICLLR offers a 52-page publication entitled Considering the Best Interests of the Child in Sentencing and Other Decisions Concerning Parents Facing Criminal Sanctions – An overview for Practitioners (Hayli Millar, Yvon Dandurand, Vivienne Chin, Shawn Bayes, Megan Capp, Richard Fowler, Jessica Jahn, Barbara Pickering, and Allan Castle, Edited by Allan Castle; cf Resources page, especially) The issue is the impact of short term sentences on children, their upbringing and their well-being, all at risk for limited (and vengeful perhaps) return on the criminal law process as now practiced: “Children whose parents come into conflict with the law, and particularly those whose parents are incarcerated, experience tremendous stress and disruption in their lives that can affect their development and social adaptation. There is current momentum in British Columbia favouring reduction in short-term incarceration, particularly of Indigenous offenders, and implementing community-based alternatives that promote public safety and the successful reintegration of offenders.” https://icclr.org/wp-content/uploads/2023/07/An-Overview-for-Practitioners.pdf?x73624
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CBC News – Brock Wilson
Canada’s highest-paid CEOs make 246x the average worker, says new report – Report author calls inflation a contributing factor in the widening pay gap between workers and executives
This new report is rather startling ion its evidence that there is a considerable income gap that is influential in the continuing discrepancy in adequate liveable income for the average person. The report, from the Canadian Centre for Policy Alternatives, is even more blunt: “In one workday, and less than a half hour into the new year — 27 minutes to be exact — Canada’s 100 highest-paid CEOs will have already earned the average worker’s annual salary, according to a new study by the Canadian Centre for Policy Alternatives (CCPA)… It translates to roughly $60,600 by 9:27 a.m. on Jan. 2, if you include Monday as a paid holiday, according to the report.” Outrageous, you say! Worse, the stats are for 2022 as we start 2024. https://www.cbc.ca/news/business/canada-richest-ceo-average-salaries-1.7065191 Full report: CCPA – David MacDonald Canada’s new gilded age – CEO pay in Canada in 2022 https://policyalternatives.ca/publications/reports/canada%E2%80%99s-new-gilded-age (A twenty-three page downloadable pdf) Related article: CBC News – Pete Evans (November 2023) This just in: The rich are getting richer – The poorest half of Canadian tax filers saw their incomes drop by $1,400, as gap between rich and poor widens https://www.cbc.ca/news/business/statscan-incomes-report-1.7025113 Read full report on line: https://monitormag.ca/reports/canadas-new-gilded-age/ Tweet from Alex Karakatasanis on news speak: “This is what you might call “fake cause” propaganda. CBS has no evidence that X caused Y but it benefits rich people to link them, so it uses “ahead of” to print a suggestion that if stated clearly would be a lie. This company clears over $1 billion in *profit* yearly.” https://x.com/equalityAlec/status/1740876051138629948?s=20 The offending CBAS News article: “Pizza Hut is set to lay off more than 1,200 delivery drivers in three California counties in the coming year, ahead of a new state law that boosts the fast-food minimum wage.” https://cbsn.ws/41zGeQp
I’ve Reported on Dementia for Years, and One Image of a Prisoner Keeps Haunting Me
The link is an enlightening perspective on the issue of elderly and ill incarcerated persons who are frequently without awareness of where they are or why they are there. A large number of them are people sentenced for teen-aged crime and known as Life without Parole or LWOP. “Between 1999 and 2016, the number of prisoners over 55 increased by 280 percent, according to a report by the Pew Charitable Trusts; over the same period, the number of incarcerated younger people grew by just 3 percent. This trend is largely attributed to “tough on crime” reforms in the 1980s and 1990s, which lengthened sentences and ensured that many more people would grow old and frail and then die behind prison walls… Incarcerated life is also thought to accelerate the aging process, such that many longtime prisoners appear more than a decade older than their chronological ages — and are considered “elderly” at 50 or 55. ” https://www.nytimes.com/2023/08/11/opinion/dementia-prisons.html?smid=nytcore-ios-share&referringSource=articleShare
The International Centre for Criminal Law Reform (UBC – Allard)
Considering the Best Interests of the Child in Sentencing and Other Decisions Concerning Parents Facing Criminal Sanctions
The ICLLR offers a 52-page publication entitled Considering the Best Interests of the Child in Sentencing and Other Decisions Concerning Parents Facing Criminal Sanctions – An overview for Practionners (Hayli Millar, Yvon Dandurand, Vivienne Chin, Shawn Bayes, Megan Capp, Richard Fowler, Jessica Jahn, Barbara Pickering, and Allan Castle, Edited by Allan Castle; cf Resources page, especially) The issue is the impact of short term sentences on children, their upbringing and their well-being, all at risk for limited (and vengeful perhaps) return on the criminal law process as now practiced: “Children whose parents come into conflict with the law, and particularly those whose parents are incarcerated, experience tremendous stress and disruption in their lives that can affect their development and social adaptation. There is current momentum in British Columbia favouring reduction in short-term incarceration, particularly of Indigenous offenders, and implementing community-based alternatives that promote public safety and the successful reintegration of offenders.” https://icclr.org/wp-content/uploads/2023/07/An-Overview-for-Practitioners.pdf?x73624
Death Penalty Information Center (US)
Florida Prosecutors Seek First Death Sentence Under New Child Sex Abuse Law
The state of Florida intends to ask for the death penalty for a case of child rape, the first since Governor DeSantis signed the law allowing the death penalty for the crime. The law can now be applied to all sex crimes against children. The bill was part of a second bill lowering the threshold for capital punishment. But the bill may also face serious challenge in the light of Supreme Court’s previous decisions around the death penalty for sex crimes: “The United States Supreme Court ruled in 1977 that a death sentence for the rape of an adult woman that does not result in her death is an unconstitutionally cruel and unusual punishment. In 2008, the Supreme Court similarly ruled in Kennedy v. Louisiana that a law making the death penalty an option for the crime of raping a child was unconstitutional.” https://deathpenaltyinfo.org/news/florida-prosecutors-seek-first-death-sentence-under-new-child-sex-abuse-law Death Penalty Information Center (US): Alabama Schedules A Second Execution for Kenneth Smith, Using Nitrogen Gas for the First Time in U.S. History https://deathpenaltyinfo.org/news/alabama-schedules-a-second-execution-for-kenneth-smith-using-nitrogen-gas-for-the-first-time-in-u-s-history Tweet from Jeffrey Levin on private prisons (US): “Private prisons make us all less safe. Biden’s executive order ending this use of federal funds can be made permanent by re-electing Biden-Harris & securing a Congressional majority. Let’s make it happen!” https://x.com/jilevin/status/1742016650923102493?s=20
Ted Talks (US) – Kate Fahey
A crash course in making political change…
“You don’t need political power to make real change, says activist Katie Fahey. She tells the story of how she led a successful movement in Michigan to end gerrymandering — the practice of drawing district lines to favor one political party — and how it all started with a simple social media post.” Fahey brings the spotlight on the process used by politicians to re-draw the election districts to favour their own purposes and the potential of a determined community to correct the problem which distorts the whole political process – an independent citizen’s redistricting commission. https://www.ted.com/talks/katie_fahey_a_crash_course_in_making_political_change?user_email_address=404caadef7eb839fc77b1b04f0c251e1 (Fifteen-minute video with transcript included)
]]>Professor Benjamin Perrin: Law professor at Peter Allard School of Law at UBC and author of Indictment: The Criminal Justice System on Trial
“I am encouraged and excited that there already exist proven ways to address conflict and harm, substance use and mental health issues, poverty, homelessness , and systemic racism, colonialism without the same old cruel, costly and ineffective and often deadly trifecta of policing, punishment and prisons.” (P. 319-320) Perrin, once an advisor to Harper in the public safety decisions around tough-on-crime, summarizes the many failures of the present approach, and offers a mixture of transformative and restorative justice – healing justice – based on enhanced community resources in response. The book is a thorough denunciation of the tough-on-crime approach, a focus sure to come back more forcefully in coming elections. Given the exhaustive condemnation of “policing, punishment and prisons” perhaps we could stop calling what is “a criminal justice system” and start calling it “a criminal legal process.” CF Perrin, Benjamin. Indictment: The criminal Justice System on Trial University of Toronto Press, 2023. Toronto. (Book proceeds to go to Str8 UP and Collaborative Justice Project.)
Toronto Star Editorial Board (Dec. 21, 2023)
Learning the lessons of a tragic jail death – We have known that prison makes mental health crises worse. And sometimes, as we saw in the case of Soleiman Faqiri, much worse.
“As a society, we have known for decades that we have been housing people in acute mental health crises in our prisons.” So said Soleiman Faqiri’s lawyer. To which the Editorial board has added: “We have also known that prison makes such crises worse. And sometimes, as in Faqiri’s case, much worse… Although the province has not yet responded to the jury’s recommendations, it’s imperative that it accept them in full. Because we know who killed Soleiman Faqiri. And because we now know how to avoid killing anyone else.” https://www.thestar.com/opinion/editorials/learning-the-lessons-of-a-tragic-jail-death/article_1bb19c1e-9e7b-11ee-8dbe-4b04281b9db6.html?source=newsletter&utm_content=a06&utm_source=ts_nl&utm_medium=email&utm_email=404CAADEF7EB839FC77B1B04F0C251E1&utm_campaign=top_205869
Canadian Lawyer – Michael Spratt
Human rights violations in prison should not be shrouded in secrecy – We must give our justice system more tools to address misconduct by prison officials…
Spratt, a criminal defence lawyer in Ottawa, is firm on his opinion: there are problems but there is also a lack of capacity to correct: “Let’s not sugarcoat it – there is a palpable injustice within the walls of Canada’s prisons. If you’ve waded into the correctional investigator’s annual reports, you’re well-acquainted with the litany of grievances: punitive use of solitary confinement, inadequate access to healthcare and mental health support, incidents of discrimination and racism, and the haunting prevalence of sexual violence… It’s a bizarre reality that there is no mechanism allowing individuals to return to the sentencing judge to address abuses occurring while serving the sentence.” https://www.canadianlawyermag.com/news/opinion/human-rights-violations-in-prison-should-not-be-shrouded-in-secrecy/382317
Tweet from Jeffrey Bradley on Shoplifting, diversion, police costs: “The OPS thinks arresting people, who they label “persistent offenders” is a good strategy to “divert” some cases they deem appropriate to a @EFryOttawa program. OPS is the Scrooge!” https://x.com/Jeffrey_Brad/status/1736870275298500636?s=20
Tweet from Mitigation Specialist (US) on clemency: “Every state has forgotten the tradition of clemency. Countless incarcerated are deserving so let’s get people home & give hope to those inside this season that we believe people are worthy of a first chance in life. The Forgotten Tradition of Clemency.” https://x.com/Mitigation_Hope/status/1736643499364397537?s=20
The Marshall Project – Rene Ebersole
Old-School Hair Analysis Is Junk Science. But It Still Keeps People Behind Bars – The technique, developed before DNA testing, can’t definitively tie suspects to crime scenes. Try explaining that to juries — or some judges.
This is one of those reports to make you wonder how much of our forensic evidence is junk science and how much media, especially police procedurals, contribute to the persistence of such evidence both in new cases and the author Ebersole points out, in older cases as well. “In courtrooms across America, “scientific evidence” used to imprison people for heinous crimes has been increasingly discredited. Blood-spatter patterns, arson analysis, bite-mark comparisons, even some fingerprint evidence have all turned out to be unreliable… A quarter of the 3,439 exonerations tracked by the National Registry of Exonerations involved false or misleading forensic evidence… But these exonerations are only the tip of the iceberg, some experts say.” https://www.themarshallproject.org/2023/12/15/florida-death-penalty-hair-analysis-junk-science?utm_source=email&utm_medium=subscriber-email&utm_source=TMP-Newsletter&utm_campaign=e5f8ab5a02-EMAIL_CAMPAIGN_2023_12_18_10_11&utm_medium=email&utm_term=0_-e5f8ab5a02-%5BLIST_EMAIL_ID%5D
Everett (WA) Hearld.net – Jim Bloss
Everett sentencing ordinance not focused on problem…
The Everett City Council wants to have a minimum sentence of 30 days for repeated petty crime offenders. Bloss pens a letter to the editor saying that the solution is looking at the wrong part of the problem. He supports an American Civil Liberties Union (ACLU) effort to promote alternate / diversion sentencing for petty crimes, rather than a month in jail – just enough to mess up any of the stable elements in an offender’s life while ignoring the real problems, and more likely to perpetuate the real problem. Here’s the wisdom: “The people who commit these crimes are more often than not only victims of their behavioral illness or addiction and wouldn’t have committed these transgressions but for issues over which they have little or no control. These people should be being diverted into treatment and programs to help them toward recovery, which is what I thought the Law Enforcement Assisted Diversion (LEAD) program was supposed to be doing; pre-booking diversion into services rather than “tiger-trapping” them into the justice system. Isn’t this program working? If not, why not?” https://www.heraldnet.com/opinion/everett-sentencing-ordinance-not-focused-on-problem/
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Toronto Star – Jim Rankin and Wendy Gillis
Toronto police used ‘carding’ far more than other forces, stopping Black people three times as often as white residents: Human Rights report – The long-awaited report by the Ontario Human Rights Commission examines police carding practices from 2008 to 2013, including data from more than two million street checks.
This practice is one that has repeatedly been proven as ineffective and offensive to good police / community relations, at least in Toronto where from 2008-2013 the practice gets its most frequent use and mostly towards minority populations. The long-delayed HUMAN rights report re-enforces what was suspected all along: “Black people in Toronto were subject to police street checks — or carding — at a rate three times higher than white people, and the overall use of the police practice of stopping, questioning and documenting residents in non-criminal encounters was many times higher in Toronto than in other major Ontario cities.” The Human Rights Commissions report also concedes that Black people also are over-represented in use-of-force incidents. What’s at stake: “The report includes more than 100 recommendations, which the commission hopes will be made “legally binding,” a move, if accepted by police and the Toronto Police Services Board, that would make the recommendations enforceable.” https://www.thestar.com/news/gta/toronto-police-used-carding-far-more-than-other-forces-stopping-black-people-three-times-as/article_ba47f9d2-9911-11ee-8208-33b598b247b8.html?source=newsletter&utm_source=ts_nl&utm_medium=email&utm_email=404CAADEF7EB839FC77B1B04F0C251E1&utm_campaign=bn_205463
The Marshall Project (US) Life Inside – Alysia Santo and Joseph Neff
How We Investigated Abusive Prison Guards Getting Their Jobs Back in New York – The Marshall Project analyzed 12 years of arbitration cases that involved officers committing abuse or covering it up. ‘A Crazy System’: How Arbitration Returns Abusive Guards to New York Prisons
The link is an illustration of how the authors accumulated and analyzed the data that exposed a nasty truth: many N.Y. state prison guards fired for cause were able to achieve re-instatement through union reaction and cover-up. The cases for firing “…mostly involved allegations of physical abuse of incarcerated people and coverups by front-line security staff, but also included withholding food, setting up one prisoner for a beating by others, or framing them for misconduct, among other allegations.” The authors built a database of these incidents and offer an analysis. Between 2010 and 2022, three of four fired for such offences were re-hired. https://www.themarshallproject.org/2023/12/14/new-york-prison-guard-arbitration-how-we-investigated
Energy-Mix (Canada) – Mitchell Beer
Breaking News: Appeals court allows youth lawsuit against Canadian climate policy…
The lawsuit by 15 Canadian youth argued that the present policy violates Sections 7 and 15 of the Canadian Charter. First rejected by a Federal Court in October of 2020 because the lawsuit “did not have a reasonable chance of success, a federal Appeals court has allowed the lawsuit under Section 7 while denying it under Section 15. The lawsuit seeks a scientific based recovery plan from the government which is “violating their rights to life, liberty, and security of the person under section 7 of Canadian Charter of Rights and Freedoms for failing to protect essential public trust resources.” The federal Court panel has accepted that a trial is proper way to determine the issues under Section 7. The opinion by Justice Donald J. Rennie rejected the section 15 claim but agreed that the issues the youth raised under section 7 of the Charter should be settled in a trial, not dismissed before they could be fully heard… He (Rennie)reached the same conclusion in a case brought by the Dini Ze’, or head chiefs, of two Wet’suwet’en House groups, asserting that climate change poses a “threat to their identity, to their culture, to their relationship with the land and the life on it, and to their food security.” https://www.theenergymix.com/breaking-appeals-court-allows-youth-lawsuit-against-canadian-climate-policy/
Government of Canada – Public Services and Procurement Canada on building prisons: “It’s not every day that a building is constructed in the shape of a soaring eagle, especially when that’s only one of its unique features. A new Indigenous Programs Building at a correctional institution in Quebec incorporates many elements of significance to First Nations, to support Indigenous inmates on their rehabilitation journey.” https://www.canada.ca/en/public-services-procurement/corporate/stories/indigenous-programs.html and in response: Tweet from Jeffrey Bradley on prison architecture for Indigenous people: ”Carceral expansion by appropriating Indigenous cultural symbols and practices. Isn’t it disgusting that prisons with cages are viewed as sites for healing? This is a violent and oppressive prison system using money to further legitimize its existence.” https://x.com/Jeffrey_Brad/status/1735373905831858553?s=20 Tweet from Justin Piché on imprisoned eagles: Never thought I’d see a prisonized eagle. For anyone interested in recent prison infrastructure projects involving Indigenization efforts, check-out “The front and back stages of carceral expansion marketing in Canada” by @CarceralCulture . https://x.com/JustinPicheh/status/1735416483021312343?s=20
Prison Journalism Project (US)
PJP’s Favorite Stories of 2023 – Prison Journalism Project staff and board members share the stories they loved best this year.
The Project aims to encourage people incarcerated to write about their experiences in prison. The link offers five that the editors think the best liked of this year’s offerings. “Looking back at the stories published in 2023 by Prison Journalism Project, it was hard not to notice certain themes — of perseverance, ingenuity, creativity and self-improvement. Every day, editors at PJP are privileged to read about the sometimes incredible examples of human spirit demonstrated by people living behind bars.” https://prisonjournalismproject.org/2023/12/15/prison-writing-best/?utm_source=Prison+Journalism+Project+Inside+Story+Subscribers&utm_campaign=b07a76df90-InsideStory_Dec17&utm_medium=email&utm_term=0_-d92eab52de-%5BLIST_EMAIL_ID%5D&mc_cid=b07a76df90&mc_eid=51ba856069
The Sentencing Project (US) – Ashley Nellis and Niki Monazzam
Left to Die in Prison: Emerging Adults 25 and Younger Sentenced to Life without Parole
Much of social thinking and research around the age of the capacity for mature decision-making has come back to age 25. This assessment then becomes alarming: two of every five sentenced to Life Without Parole were under 26 from 1995 – 2017, a total of 11, 600 persons. “The identification of full criminal accountability at age 18 ignores the important, distinct phase of human development referred to as emerging adulthood, also known as late adolescence or young adulthood. Compelling evidence shows that most adolescents are not fully matured into adulthood until their mid-twenties.” Again, the stats show disproportionate Black youth. https://www.sentencingproject.org/reports/left-to-die-in-prison-emerging-adults-25-and-younger-sentenced-to-life-without-parole/ (A downloadable pdf with an executive summary)
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