Tag Archives: retributive justice

I’m Not Sure How You Screw Up 140 Characters But It Seems The Best Way Is To Elect Them

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I’m trying to lose weight and have tried numerous diets as I am allergic to activity. Recently, I have been having some success by viewing various Conservative Party of Canada candidate, MP and ministerial communications. I can’t keep down most of what I eat as a result if and when I even have an appetite. Stupidity is for me at least mildly nauseating.

Today I had a hankering for a double cheeseburger and a milkshake so I visited Minister for Public Safety Steve Blaney’s Twitter account. Fighting what seems like the flu I will forward a few words.

If compassion had anything to do with conservatism minister Blaney would be all over the twitterverse with photo’s of himself towering over individuals with mental illness in a healthcare setting. Instead Minister Blaney allows individuals under his charge with serious and persistent mental illness to linger in solitary confinement. It seems with this government security and healthcare is like oil and water.

As contrast we have the Conservative Party of Canada tweeting “We are the only party who will protect gun owners. Retweet if you’re with us.” I was ignorant of the fact that gun owners were a marginalized and vulnerable population. Minister Blaney’s twisted tweet includes an image of a semi-automatic rifle and his own quote: “Owners of the CZ-858 and Swiss Arms rifles that were ‘impacted’ can now use their private property once again, as should have always been the case.” I don’t know about my readers but I feel safer knowing this government is protecting gun owners. Guns don’t kill, governments do. If gun ownership is proximal to safety or security we are a nation of idiots.

When the Royal Canadian Mounted Police (RCMP) issued the prohibition of these semi-automatic firearms, gun rights advocates were up in ‘arms.’ According to them 10 000 Canadians became criminals overnight because they now possessed prohibited firearms. Apparently they had difficulty looking up amnesty in the dictionary. Considering ammunition is the word preceding it I can see the problem. They may not even have come that close as they fixated on Americanize.

Firearms lawyer Ed Burlew filed class action suits against the federal government and RCMP. Burlew’s lawsuit was seeking $10 million in punitive damages and $20 000 for each owner of the firearms in question for mental distress and anxiety. While ignoring the mental distress and anxiety of people with serious and persistent mental illness the conservatives capitulated. The only time this government is capable with mathematics is in measuring votes. Gun owners are organized and vote, people with serious and persistent mental illness don’t. Polls trump human decency and social justice every time. I was aware of the fact that this government doesn’t give a damn about mental illness but when their compassion is placed on pistol possessors the double cheeseburger becomes a distant thought.

I know what you’re thinking. “Brett, you have no empathy or compassion for people who wield weapons. What about their distress and anxiety?”

In fact I may be the only citizen in this country who has experienced serious and persistent mental illness in solitary confinement and was once a gun owner. Following one of my hospitalizations I was advised to surrender my shotguns. Possibly it was too traumatic and I have blocked it out but I have no recollection of mental distress or anxiety from the experience. Burlew’s lawsuit was both superfluous and humourous. This government takes on legal battles which they should submit to but capitulate for 10 000 votes.

I wanted a sense of who these gun owners are. Google guided me to the Alberta Magazine Outdoorsmen, Alberta’s only hunting, fishing and trapping magazine. The forum I found was full of indignation. None of these outdoorsmen seemed to have names but are clearly nincompoops.

‘recce43’ said “do not turn anything in. laws only work if the public complies.” These words seem to fly in the oft repeated mantra that gun owners are law abiding citizens. ‘recce43’ did in fact know how to use capital letters as he explained at the bottom of the post “LIFE IS TOUGH…TOUGHER IF YOU’RE STUPID” He should know as he followed with “women have the right to work whenever they want, as long as they have the dinner ready when you get home” Minister Blaney and the prime minister must be proud to be able to accommodate and cooperate with such citizens.

‘Mistagin’ explains the reason the prohibition was repealed while solitary confinement remains a solution for mental illness. “I just sent off a letter to MP Blaney and PM Harper.” I can’t be the only one to get a chill thinking these individuals actually influence conservative policy. You are who votes for you.

I understand that a minister responsible for public safety would be involved in firearm policy but how is it that Canadians are kept safe by allowing more semi-automatic firearms? Children who don’t own BB guns are proportionately less likely to have their eye penetrated by a pellet. It’s not science, it’s sensibility and common sense but that revolution has died.

According to Canada’s National Firearms Association (NFA) prohibiting firearms has nothing to do with preventing bad behaviour. Possibly not but it minimizes the damage done in many of those instances. You can’t control the criminal but it’s tough to pull a trigger when the gun is with the government. The NFA is lobbying the government to eliminate prohibited categories of firearms, rescind clauses on barrel length and caliber that classify firearms and regulations affecting magazine capacity. They also want to eliminate ‘punitive’ safe storage and transport requirements, the Chief Firearms Officers and remove the administration of the Firearms Act from control of the RCMP.

Basically the NFA would like to see shotguns next to six-packs at convenience stores. We need to ask ourselves if we want ‘recce43’ running around with rifles without rules.

I complied with the recommendation to relinquish my rifles because as crazy as I was I was also insightful, responsible and conscientious.

It is criminals who carry out offences using firearms but many of these illegal weapons were and are obtained legally initially. Minister Blaney and Prime Minister Harper need to pull themselves from the polls and decide if the freedoms of gun owners should trump true public safety.

Just because you can lobby, write letters and make phone calls doesn’t make your influence or interests just. In this case it just makes for poor policy. I don’t believe I am the only Canadian who finds comfort in being different from America. Two important differences worth protecting are healthcare and gun control. This government is too busy aiming for votes to adjudicate ethically to either.

Dumb and Dumber

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With the conservative government dragging their heels on anything proactive regarding the recommendations put forward by the inquest into the Ashley Smith homicide I must speak.

Sometimes surfing the internet is a vice but I have been fortuitous in stumbling on the Correctional Service of Canada (CSC) Commissioner’s Directive. The Commissioner’s Policy Objective Regarding Health Services is:

1. To ensure that inmates have access to essential medical, dental and mental health services in keeping with generally accepted community practices.

From personal experience and more radically from the circumstances of Ashley Smith’s death I feel obliged to point out to the commissioner or anyone else who doesn’t care, that community practices do not include solitary confinement as a default. It seems individuals in corrections feel solitary confinement is a panacea. We leave medicine up to people who are trained to turn keys and push food carts. I can’t believe we pay correctional officers $50 000 a year to call surnames, inspect anuses, turn a key and distribute diets. In Canada we need at least two guards and a lieutenant to orchestrate the ordinary.

Please don’t assume I am a disgruntled delinquent. The same stupidity can be found in many public services. Last month the London Fire Department was experiencing some form of inefficient insomnia or doing some sort of safety blitz. On three separate evenings a full size fire truck pulled in front of my house. I tend to self-isolate and have a degree of agoraphobia so I ignored them the first two times when they knocked on my door. I finally relented and decided my discomfort was less important than the tax dollars that were blowing down the street.

It took two “blueshirts” or regular firemen and one “whiteshirt” or supervisor to canvas me about having fire detectors on each floor and a carbon monoxide detector. It was costing Londoners about $153.00 per hour to have these bored but brave men go door to door and that doesn’t count whatever the hell it cost to fuel a fire truck at $1.39 a litre. Get a Smart car dumbass! I may be an idiot but wouldn’t it make more sense to have a 15 year old who needs volunteer hours to pull a Radio Flyer wagon full of batteries and smoke detectors through the same neighbourhoods to hand out to citizens without? We could save money as taxpayers and probably save more lives. I understand the dilemma. What would fire services have to bargain with if they did less than less?

I digress but it is an honest diversion. While I was in jail I also had “blueshirts” or guards come to my door with the odd “whiteshirt” in the background making sure my captors didn’t screw up simplicity.

According to the Correctional Service of Canada Commissioner and their Response to Medical Emergencies: the primary goal is the preservation of life.

• Non-health services staff arriving on the scene of a possible medical emergency (like a ligature around the neck) must immediately call for assistance, secure the area and initiate CPR/first aid without delay.
• Non-health services staff must continue to perform CPR/first aid until relieved by health services staff or the ambulance service.
• The decision to discontinue CPR/first aid can be made only by authorized health services staff or the ambulance service.

Here I can only wonder why “whiteshirts” were making decisions they were not authorized to make. “Blueshirts” overrode the commissioner’s directive as well. Insubordination and insanity.

Any poor “blueshirt” or guard who can read or remember must have been pacing frantically at watching Ashley choke when we consider the following directives.

• Initiation of CPR by non-health services staff is not required in the following situations:
• Decapitation (i.e. the complete severing of the head from the remainder of the body)

Correctional officers must be known to be overzealous in administering life saving measures if they have to be formally called off when a head is not attached to a body. The correctional officers outside Ashley’s cell must have been convulsing with compassion when they could see she was not dismembered. “But Boss, her head is still on.”

Another instance that does not necessitate CPR is:

• Decomposition (i.e. condition of decay, deterioration, disintegration of the body)

This directive has a place in a correctional setting considering the care many inmates receive. One would assume that an ordinary citizen wouldn’t require i.e. and an explanation of decapitation or decomposition but apparently correctional officers are so thorough in their first aid they need “too far gone” spelled out.
Only in a correctional setting where charges are checked every 20 minutes could one find a corpse in a state of decomposition. “But Boss, I counted him for the past three weeks.”

Considering these directives it seems incomprehensible that Ashley Smith was watched by corrections officers as she choked to death. How is it that when she fell unconscious with her head attached and in no way decomposing no one intervened? It seems ironic that inmates are in these facilities for not following written rules but those who are charged with assisting and encouraging offenders to become law-abiding citizens can pick and choose or even fabricate their own. In Ashley’s case the result was both sadistic and sad.

http://www.csc-scc.gc.ca/text/plcy/cdshtm/800-cde-eng.shtml

Rehabilitative Justice

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If the law is unable to look at the larger systemic problems of itself; we as citizens must. If politicians choose to look in other directions we need to send them in other directions.  As citizens we seem to have ignored this aspect of society. We are drawn to the calamities that make headlines but it is difficult to see the entire system that surrounds these and many other crimes.

Part of my journey with justice was clearly retributive. If ever I had given cause for punitive measures it was provided without smile. I don’t care about your view of an eye for an eye but no matter your view shouldn’t it accomplish something? It can only be in the public interest to create a fair and rehabilitative system of justice. Retributive justice has been around long enough to demonstrate its efficacy and efficiency. Is it either?

The main premise of retributive justice is that punishment deters the individual from re-offending and others from offending to begin with. If such a fallacy had a shred of merit we would by now have little crime and recidivism would be an anomaly.  Wouldn’t even the past five decades suffice for deterrence to have put crime on the verge of extinction? Most in the correctional system would have eliminated themselves from crime for fear of more of the same. Those who have witnessed this retribution for 50 years would have provided little fuel for this population to remain the same. We pat ourselves on the back for being tough on crime while ignoring the fact that such measures should have made themselves redundant.

I saw the bowels of the justice system and until I entered the Forensic system I saw little good coming out. I saw the broken walking in and the broken walking out. If the justice system was a mechanic you would find a new one rather than give it money to expand. Rehabilitative Justice seems logical to me, unlike our present mechanic its purpose is to restore to good condition through therapy and education. I can hear whispers that criminals are not deserving of therapy let alone education. I can see your logic but as a society why would we bounce around the same people when we can take hold of them and change them? It costs $ 113,974 a year to incarcerate a prisoner in Canada. Training and education would be a five thousand dollar gamble but I think it could be more efficient than mindless degradation and denigration.

I believe that anyone who needs therapy should receive it. Mental health is a medical condition which should be approached as we would a broken bone. I knew one inmate who was made to eat his meals from a dog dish by his father. As a society his offence removes him from anything progressive and in essence we treat him as his father did. When he is released we expect him to interact with the world in an appropriate fashion.

Perhaps it’s not about sense but rather “cents”. If you want an idea of whom retributive justice and its outcomes serve, check out the average income of a lawyer, a judge, a police officer, a parole officer or a correctional officer. Someone profits from feeding, clothing and housing these populations as well. Crime in fact does pay.