Ontario must rebuild First Nations’ trust in legal system: Editorial
Editorial, Toronto Star, February 27, 2013
Reggie Bushie went missing more than five years ago. The 15-year-old’s body was found in Thunder Bay’s McIntyre River on Nov. 1, 2007. To this day his family in the remote Poplar Hill First Nation still doesn’t know the full story of his death. An inquest that was originally to look into it was derailed because of a lack of First Nations people in the jury pool.
Sadly, this case isn’t unique. In a searing report entitled First Nations Representation on Ontario Juries, former Supreme Court justice Frank Iacobucci points to a “serious and persistent” problem. Ontario’s 300,000 First Nations, Métis and Inuit are chronically overrepresented in jails and under-represented on the juries that assess innocence and guilt, or probe deaths. In the Kenora judicial district, for example, more than 30 per cent of residents live on reserves, but make up less than 10 per cent of the jury roll. In Thunder Bay, it’s 5 per cent of residents and just over 1 per cent of the roll. And it’s symptomatic of bigger problems.
“First Nations people are significantly under-represented, not just on juries, but among all those who work in the administration of justice in this province, whether as court officials, prosecutors, defence counsel, or judges,” Iacobucci observes in his report.
The reasons are not hard to find. Many feel alienated. They fail to see their cultural values, laws, or traditional approaches to conflict resolution and restorative justice reflected in the system. Many see it as a foreign imposition that too often works against them.
As a consequence “the justice system generally as applied to First Nations peoples, particularly in the North, is quite frankly in a crisis,” Iacobucci warns. It “has often ignored or discriminated against” native peoples, he reports.
This ought to be a wake-up call to Premier Kathleen Wynne’s government. These findings should be required reading for judges, Crown prosecutors, police and others. What’s needed to rebuild trust in the law, Iacobucci argues, is a far greater degree of cultural acceptance and partnership than now exists. Rather than cavil about the word “crisis,” Attorney-General John Gerretsen should take this advice to heart.
Iacobucci’s 17 transformative recommendations include urging Gerretsen to appoint a senior deputy for aboriginal justice issues, and to create a panel to advise on such issues. He also calls for a panel with “substantial First Nations membership” to implement his report. Wisely, Gerretsen has quickly agreed to some of this. Beyond that, Iacobucci calls for in-depth studies on legal representation, First Nations policing, aboriginal court workers and other issues. And he sees a need for cultural training for police, court workers and prison guards.
To address the jury issue Iacobucci recommends that Ontario launch a drive to better educate First Nations on the justice system, in their own languages. He calls for changes to the questionnaire sent to prospective jurors to make it more user-friendly and less coercive sounding. He recommends using Ontario’s health card database to help fill in chronic gaps in the jury roll. And he urges that people be allowed to volunteer for jury duty, that jurors not be excluded because of minor offences, and that they be better compensated. All this would help build trust in the system.
This report should inspire policy-makers not only in Ontario but across the country. It is driven by a deep conviction that the system must no longer fail people such as Reggie Bushie and his grieving family. They should feel shielded by the law and upheld, not threatened and marginalized.
Sunday, March 17, 2013
Watchdog blasts surge in Aboriginal prisoners
Watchdog blasts surge in Aboriginal prisoners
by Bruce Campion-Smith, Toronto Star, March 8, 2013
OTTAWA— Canadian prisons are filling with aboriginal people, warns a scathing new report that urges immediate action to defuse a growing social crisis.
The correctional investigator of Canada, Howard Sapers, said in a report released Thursday that the aboriginal population in prison has jumped 43 per cent in the last five years.
Today, aboriginal people make up 4 per cent of the Canadian population, yet comprise 23 per cent of the prisoners — more than 3,400 in all — in federal corrections institutions. And he found that aboriginal offenders are more likely to serve more of their sentence behind bars, be held in segregation or with maximum security populations and be disproportionately prone to self-injury while in prison.
“If I was releasing a report card on federal aboriginal corrections efforts today, it would be filled with failing grades,” Sapers told a news conference.
Alberta Regional Chief Cameron Alexis, of the Assembly of First Nations, said “concrete” action is needed now on a problem that has been unfolding for many years. He said the danger is that a generation of aboriginal Canadians will be lost in Canada’s prison systems.
“I think everyone should be concerned,” Alexis said.
“A lot of our young people, sadly they learn things in corrections and penal systems and they come home with some of these things that are not conducive to the First Nations communities,” he said.
Liberal and NDP MPs pointed the finger at the Conservative government, saying the trend has gotten worse since the Tories took office in 2006.
“What we find in this report is a shocking indictment of how this government has failed aboriginal Canadians,” said NDP MP Randall Garrison, adding that poor social and economics conditions are fuelling a crisis in First Nations’ communities.
But the findings got a cool response from the government. Prime Minister Stephen Harper said it’s the courts that are responsible for putting people behind bars.
“Prisoners are individuals who are found guilty of crimes by independent courts,” Harper told the Commons.
It was apparent on Thursday that the government wanted to frame the issue as a justice concern rather than one about the inmates. That was clear as Justice Minister Rob Nicholson addressed opposition questions on the topic rather than Public Safety Minister Vic Toews, who has responsibility for the Correctional Service of Canada.
Liberal MP Francis Scarpaleggia said the Tories were treating the issue like a “hot potato” passing from one minister to another.
“That’s not a very responsible approach . . . the major increase in incarcerated aboriginals has been under this government,” Scarpaleggia said, adding the onus is on the Tories to respond in a “meaningful way.”
Still, the report marks a challenge for Harper’s government, which earlier in the year had been confronted with protests in the streets for its failure to act on First Nations priorities.
“By any reasonable measure . . . the overrepresentation of aboriginal people in federal corrections and the lack of progress to improve the disparity in correctional outcomes continue to cloud Canada’s domestic human rights record,” Sapers said.
The findings mirror a Star analysis of Ontario jail data, which revealed that black and aboriginal people are overrepresented in youth and adult jails.
In Ontario, aboriginal boys aged12 to 17 make up 2.9 per cent of the young male population. But in the province’s youth facilities they make up nearly15 per cent of young male admissions.
Sapers took the rare step of issuing a special report to draw attention to problems at the federal level and warned a “critical situation will get worse” unless the Conservative government takes action now.
Sapers said the rehabilitation and reintegration of aboriginal inmates must become a “significant priority” for the Correctional Service of Canada.
“Despite years of efforts, things are not getting better,” he said.
by Bruce Campion-Smith, Toronto Star, March 8, 2013
OTTAWA— Canadian prisons are filling with aboriginal people, warns a scathing new report that urges immediate action to defuse a growing social crisis.
The correctional investigator of Canada, Howard Sapers, said in a report released Thursday that the aboriginal population in prison has jumped 43 per cent in the last five years.
Today, aboriginal people make up 4 per cent of the Canadian population, yet comprise 23 per cent of the prisoners — more than 3,400 in all — in federal corrections institutions. And he found that aboriginal offenders are more likely to serve more of their sentence behind bars, be held in segregation or with maximum security populations and be disproportionately prone to self-injury while in prison.
“If I was releasing a report card on federal aboriginal corrections efforts today, it would be filled with failing grades,” Sapers told a news conference.
Alberta Regional Chief Cameron Alexis, of the Assembly of First Nations, said “concrete” action is needed now on a problem that has been unfolding for many years. He said the danger is that a generation of aboriginal Canadians will be lost in Canada’s prison systems.
“I think everyone should be concerned,” Alexis said.
“A lot of our young people, sadly they learn things in corrections and penal systems and they come home with some of these things that are not conducive to the First Nations communities,” he said.
Liberal and NDP MPs pointed the finger at the Conservative government, saying the trend has gotten worse since the Tories took office in 2006.
“What we find in this report is a shocking indictment of how this government has failed aboriginal Canadians,” said NDP MP Randall Garrison, adding that poor social and economics conditions are fuelling a crisis in First Nations’ communities.
But the findings got a cool response from the government. Prime Minister Stephen Harper said it’s the courts that are responsible for putting people behind bars.
“Prisoners are individuals who are found guilty of crimes by independent courts,” Harper told the Commons.
It was apparent on Thursday that the government wanted to frame the issue as a justice concern rather than one about the inmates. That was clear as Justice Minister Rob Nicholson addressed opposition questions on the topic rather than Public Safety Minister Vic Toews, who has responsibility for the Correctional Service of Canada.
Liberal MP Francis Scarpaleggia said the Tories were treating the issue like a “hot potato” passing from one minister to another.
“That’s not a very responsible approach . . . the major increase in incarcerated aboriginals has been under this government,” Scarpaleggia said, adding the onus is on the Tories to respond in a “meaningful way.”
Still, the report marks a challenge for Harper’s government, which earlier in the year had been confronted with protests in the streets for its failure to act on First Nations priorities.
“By any reasonable measure . . . the overrepresentation of aboriginal people in federal corrections and the lack of progress to improve the disparity in correctional outcomes continue to cloud Canada’s domestic human rights record,” Sapers said.
The findings mirror a Star analysis of Ontario jail data, which revealed that black and aboriginal people are overrepresented in youth and adult jails.
In Ontario, aboriginal boys aged12 to 17 make up 2.9 per cent of the young male population. But in the province’s youth facilities they make up nearly15 per cent of young male admissions.
Sapers took the rare step of issuing a special report to draw attention to problems at the federal level and warned a “critical situation will get worse” unless the Conservative government takes action now.
Sapers said the rehabilitation and reintegration of aboriginal inmates must become a “significant priority” for the Correctional Service of Canada.
“Despite years of efforts, things are not getting better,” he said.
Monday, February 25, 2013
John Moore's story goes national
John Moore's story goes national
by Jenny Jelen, Northern Life, February 6, 2013
John Moore's story has been told — it's been on the radio, on TV, in print and online in Greater Sudbury since it began.
Since 1991, Moore has been fighting relentlessly for justice. Now, his story is about to reach across Canada during an episode of APTN Investigates.
The show, which airs 30-minute episodes that explore “complex issues of the day,” asks questions and gets answers otherwise unseen, according to its website.
“Using long form, in-depth investigative journalism techniques on Aboriginal issues is an idea whose time has come,” it stated.
Moore spent a decade of his life in a federal penitentiary. He lost his wife. He lost his two sons. And he lost his integrity and credibility. Now, he continues fighting to get his life back, to have his name exonerated of a second-degree murder charge for a murder he said that he did not commit.
He said his ultimate goal today remains the same as it was years ago — exoneration.
He said in a previous interview that he has sent package after package after package (to the government) in hopes of getting someone to listen.
"It's like everybody wants to leave it there, bury it and don't want to work with it, to look for justice and look at all the facts that are presented to them. They just don't want to deal with it,” he said in the previous interview.
On June 30, 1978, Donald Lanthier, a taxi driver in Sault Ste. Marie, was brutally murdered by two men, who had lured him to a remote location and robbed him of $15.
Evidence given throughout Moore's first and second trials proved he was not one of these men, and in fact, was nowhere near the scene of the crime.
However, his conviction came from the fact that he “should have known the murder was going to happen,” after spending time with the two accused earlier that day. This legal theory was known as culpable homicide.
Moore was convicted of second-degree murder, along with two other men, in 1979. Following an appeal and a second trial in 1982, the charge held.
In 1987, the culpable homicide law was found to be unconstitutional by the Supreme Court of Canada and was repealed. Moore was released on parole two years later.
To this day, Moore lives his life on parole with the stigma of a murder charge hanging over him. He has been heading an ongoing campaign since his conviction to be pardoned of the charge, sending letter after letter to the higher-ups in government.
He hopes the national attention will help his case.
“Being on national TV is what I've been asking for,” he said. “Hopefully, the message will get out and people will see it.”
His episode of the show was filmed in Sudbury this January.
“I think one of the most important points I'm making is that no one could be convicted of culpable murder today, and you've fallen through the cracks with only the politicians being able to help you now,” Todd Lamirande, host of APTN Investigates, said in an email to Moore.
Moore said it was an interesting experience to be followed by cameras for four day. But if it helps clear his name, it's worth it.
“All I have is hope — hope, hope and hope,” he said. “It's all I have left. All the legal avenues I had are gone.”
The episode airs at 8 p.m. on Feb. 8. Visit aptn.ca for more information.
by Jenny Jelen, Northern Life, February 6, 2013
John Moore's story has been told — it's been on the radio, on TV, in print and online in Greater Sudbury since it began.
Since 1991, Moore has been fighting relentlessly for justice. Now, his story is about to reach across Canada during an episode of APTN Investigates.
The show, which airs 30-minute episodes that explore “complex issues of the day,” asks questions and gets answers otherwise unseen, according to its website.
“Using long form, in-depth investigative journalism techniques on Aboriginal issues is an idea whose time has come,” it stated.
Moore spent a decade of his life in a federal penitentiary. He lost his wife. He lost his two sons. And he lost his integrity and credibility. Now, he continues fighting to get his life back, to have his name exonerated of a second-degree murder charge for a murder he said that he did not commit.
He said his ultimate goal today remains the same as it was years ago — exoneration.
He said in a previous interview that he has sent package after package after package (to the government) in hopes of getting someone to listen.
"It's like everybody wants to leave it there, bury it and don't want to work with it, to look for justice and look at all the facts that are presented to them. They just don't want to deal with it,” he said in the previous interview.
On June 30, 1978, Donald Lanthier, a taxi driver in Sault Ste. Marie, was brutally murdered by two men, who had lured him to a remote location and robbed him of $15.
Evidence given throughout Moore's first and second trials proved he was not one of these men, and in fact, was nowhere near the scene of the crime.
However, his conviction came from the fact that he “should have known the murder was going to happen,” after spending time with the two accused earlier that day. This legal theory was known as culpable homicide.
Moore was convicted of second-degree murder, along with two other men, in 1979. Following an appeal and a second trial in 1982, the charge held.
In 1987, the culpable homicide law was found to be unconstitutional by the Supreme Court of Canada and was repealed. Moore was released on parole two years later.
To this day, Moore lives his life on parole with the stigma of a murder charge hanging over him. He has been heading an ongoing campaign since his conviction to be pardoned of the charge, sending letter after letter to the higher-ups in government.
He hopes the national attention will help his case.
“Being on national TV is what I've been asking for,” he said. “Hopefully, the message will get out and people will see it.”
His episode of the show was filmed in Sudbury this January.
“I think one of the most important points I'm making is that no one could be convicted of culpable murder today, and you've fallen through the cracks with only the politicians being able to help you now,” Todd Lamirande, host of APTN Investigates, said in an email to Moore.
Moore said it was an interesting experience to be followed by cameras for four day. But if it helps clear his name, it's worth it.
“All I have is hope — hope, hope and hope,” he said. “It's all I have left. All the legal avenues I had are gone.”
The episode airs at 8 p.m. on Feb. 8. Visit aptn.ca for more information.
Sunday, February 21, 2010
Please Endorse This Statement
(la version française suit...)
Justice and Freedom for John Moore is a committee supporting an innocent indigenous man's struggle for justice and freedom in Canada. We are asking organizations and prominent individuals from across Canada to endorse this statement supporting John's demand for a review of his unjust second degree murder conviction:
Before you get in touch with us to add your name or the name of your organization, you may wish to read the following:
Justice and Freedom for John Moore is a committee supporting an innocent indigenous man's struggle for justice and freedom in Canada. We are asking organizations and prominent individuals from across Canada to endorse this statement supporting John's demand for a review of his unjust second degree murder conviction:
John C. Moore, an Ojibway man from Serpent River First Nation, was convicted of second degree murder in 1978. This happened despite the fact that he was not present when the crime was committed and had no role whatsoever in perpetrating it, and was based solely on him having spent time earlier that day with the individuals who committed the crime. His trials were tainted with systemic racism. The law under which he was convicted was ruled unconstitutional in 1987, and noone would be convicted under similar circumstances today. Yet Moore continues to bear the burden of the stigma of this conviction. He must regularly report to a parole officer and must ask permission if he wishes to leave the city of Sudbury, Ontario, which is impeding his freedom of movement and his capacity to find meaningful work. For all of these reasons, and in recognition of the long history of indigenous people being targeted unfairly by the Canadian justice system, we, the individuals and groups listed below, call upon the Government of Canada to conduct a review of Moore's conviction.
Before you get in touch with us to add your name or the name of your organization, you may wish to read the following:
- a more detailed letter describing our request for support;
- a message from John;
- a message from Glenn Thibeault, NDP Member of Parliament for Sudbury, in support of John;
- a message from John's lawyer, Denis Michel;
- an up to date list of organizations and individuals that have already signed on to the statement above -- the list continues to grow, so please check back from time to time.
- A mini video documentary about John's case by Ottawa-based filmmaker Samantha Pollock.
- A FaceBook group Justice for John Moore! Please join!
Veuillez signer la pétition ci-dessous
Justice et liberté pour John Moore est une comité de soutien à la lutte d'un autochtone innocent pour justice et liberté au Canada. On invite des organisations et des individus bien connus dans les communautés partout au Canada à signer cette pétition en appui de la demande de John pour une révision de sa condamnation injuste de meurtre au 2e degré.John C. Moore, Ojibwé originaire de la Première Nation de Serpent River, a été accusé de meurtre au 2e degré en 1978. Pourtant M. Moore n'était même pas dans les lieux du crime et n'a joué absolument aucun rôle dans son exécution. La condamnation était basée sur le seul fait que plus tôt dans la journée il s'était trouvé dans la compagnie de ceux qui plus tard commettraient le crime. Ses procès étaient imprégnés de racisme systèmique. M. Moore a été condamné en vertu d'une loi déclarée inconstitutionnelle en 1987, dans une cause ultérieure, et les mêmes circonstances aujourd'hui ne pourraient conduire à une déclaration de culpabilité. Toutefois, sa condamnation injuste continue à ce jour à peser lourdement sur lui. Il est tenu de se présenter de façon régulière à son contrôleur juridique et ne peut quitter la ville de Sudbury, en Ontario sans autorisation. Ces restrictions entravent ses déplacements à l'extérieur de la ville et ses possibilités d'emploi. Pour toutes ces raisons mentionnées et en reconnaissance de la longue histoire du traitement injustice des peuples autochtones par le système de justice du Canada, nous, soussigné(e)s appellons le gouvernement du Canada à ordonner une révision de la condamnation de John.Avant de contacter le comité de soutien pour ajouter votre nom ou le nom de votre organisation à la liste, vous aimeriez peut-être consulter les documents suivants:
- une lettre plus détaillée appelant a l'appui;
- un mot personnel de John;
- une lettre d'appui de Glenn Thibeault, député néo-démocrat de Sudbury;
- une lettre d'appui de Denis Michel, avocat de John;
- une liste mise à jour régulièrement des groupes et des indvidus qui ont déjà signé;
- un mini vidéodocumentaire par Samantha Pollock, documentariste basée à Ottawa.
- ou rejoignez John sur FaceBook Justice for John Moore!
Tuesday, October 20, 2009
Group that's supposed to fight for wrongly convicted dropped ball
Group that's supposed to fight for wrongly convicted dropped ball
by Doug Millroy, Editor Emeritus of The Sault Star
originally in the Sault Star
In May of last year it appeared John Moore had found a formidable ally in his fight to overturn a conviction for attempted murder under a law that is no longer on the books, having been overturned in 1987.
AIDWYC, the Association in Defence of the Wrongly Convicted, had informed him that it was going to review his case.
One year later, those hopes have been dashed.
Win Wahrer, director of client services with AIDWYC, recently wrote Moore that the association wouldn't be taking his case.
"AIDWYC's Canadian Convictions Assessment Group discussed your case in great detail, but concluded there was no fresh evidence to support a
s. 696.1 application to the federal
justice minister," Wahrer wrote.
"Regrettably, AIDWYC is not able to assist you in the furtherance of your case without fresh evidence."
Moore responded to Wahrer that the letter was a sad disappointment after the warm welcome he received at AIDWYC's conference last year.
And Clarissa Lassaline wrote to Wahrer, saying that Justice and Freedom for John Moore, the group that has long supported Moore "is stunned and deeply troubled by AIDWYC's decision not to take on the wrongful conviction of Mr. Moore.
"It is difficult to comprehend that an advocacy group such as AIDWYC has decided to turn its back on a clear case of wrongful conviction, especially since AIDWYC's stated primary mandate is to review and support claims of innocence in homicide cases."
I agree and I am having trouble with Wahrer's comment that AIDWYC is unable to assist Moore because there is no fresh evidence.
It had to know this when it opted to review his case as Moore, in his 34-year fight to clear his name, had never made any claim as to having fresh evidence.
He is fighting the injustice of his conviction, which I thought was what AIDWYC was all about.
Cab driver Donald Lanthier was robbed and murdered by Gordon Stevens and Terry Hogan in a ravine on Third Line in 1978. Moore, who was not present, but was with Stevens and Hogan earlier in the day, was convicted on the basis of a section of the Criminal Code that said any party to one crime in which another is committed "ought to have known" the probable consequences.
Nobody today could be convicted under the law, which saw him serve 10 years in jail, because the Supreme Court of Canada in 1987 struck it down.
It overturned a murder conviction against Yvan Vaillancourt, a New Brunswicker who had participated in a robbery of a pool hall in which his accomplice shot and killed a man, on the basis that he was not responsible or liable for the death since he could not have "objectively foreseen it."
Ironically, the same court had denied Moore's appeal in 1985, his lawyer, Glenn Sandburg, essentially putting forward the same argument.
Since Moore wasn't at the scene, it's hard to comprehend how the court didn't come to the same conclusion in his case.
Over the years Moore has added racial discrimination to his appeal for justice.
As the basis for his claim that the justice system was racially biased, he points to the fact that Rich Nichols, his brother-in-law who was originally a suspect along with him as they had been together most of the day, including the time with Stevens and Hogan, was never charged.
Moore, Stevens and Hogan were native. Nichols was white.
The s. 696.1 (1) to which AIDWYC refers is, "An application for ministerial review on the grounds of miscarriage of justice may be made to the Minister of Justice by or on behalf of a person who has been convicted of an offence under an Act of Parliament."
I don't see anything there that calls for new evidence.
Even if it does require it, I believe an organization such as AIDWYC would have enough clout with the justice department that it could bring about the relief Moore seeks, which is now mainly to be able to lead a normal life.
As a convicted murderer, even though he has served his sentence he will be on parole for the rest of his life, which means he has to report to a parole officer at regular intervals and must always ask for permission to travel from his city or town of residence.
And if he gets into trouble of any kind, his parole could be revoked.
I don't think anyone expects that in every case where a law is changed or struck down that the justice system revisit all who were convicted under it, since in most cases it would involve people convicted of crimes not involving a life sentence who have already served their time and have moved on with their life.
But I believe that an exception should be made in a situation such as that facing Moore or any others still alive who were caught under the law as it stood.
As for AIDWYC, I think it dropped the ball in Moore's case, its focus too narrow.
But then that is maybe because I have always considered it to be a stronger fighter for justice for the wrongly convicted than it really is.
Doug Millroy, editor emeritus of The Sault Star, can be reached at millroy@shaw.ca.
by Doug Millroy, Editor Emeritus of The Sault Star
originally in the Sault Star
In May of last year it appeared John Moore had found a formidable ally in his fight to overturn a conviction for attempted murder under a law that is no longer on the books, having been overturned in 1987.
AIDWYC, the Association in Defence of the Wrongly Convicted, had informed him that it was going to review his case.
One year later, those hopes have been dashed.
Win Wahrer, director of client services with AIDWYC, recently wrote Moore that the association wouldn't be taking his case.
"AIDWYC's Canadian Convictions Assessment Group discussed your case in great detail, but concluded there was no fresh evidence to support a
s. 696.1 application to the federal
justice minister," Wahrer wrote.
"Regrettably, AIDWYC is not able to assist you in the furtherance of your case without fresh evidence."
Moore responded to Wahrer that the letter was a sad disappointment after the warm welcome he received at AIDWYC's conference last year.
And Clarissa Lassaline wrote to Wahrer, saying that Justice and Freedom for John Moore, the group that has long supported Moore "is stunned and deeply troubled by AIDWYC's decision not to take on the wrongful conviction of Mr. Moore.
"It is difficult to comprehend that an advocacy group such as AIDWYC has decided to turn its back on a clear case of wrongful conviction, especially since AIDWYC's stated primary mandate is to review and support claims of innocence in homicide cases."
I agree and I am having trouble with Wahrer's comment that AIDWYC is unable to assist Moore because there is no fresh evidence.
It had to know this when it opted to review his case as Moore, in his 34-year fight to clear his name, had never made any claim as to having fresh evidence.
He is fighting the injustice of his conviction, which I thought was what AIDWYC was all about.
Cab driver Donald Lanthier was robbed and murdered by Gordon Stevens and Terry Hogan in a ravine on Third Line in 1978. Moore, who was not present, but was with Stevens and Hogan earlier in the day, was convicted on the basis of a section of the Criminal Code that said any party to one crime in which another is committed "ought to have known" the probable consequences.
Nobody today could be convicted under the law, which saw him serve 10 years in jail, because the Supreme Court of Canada in 1987 struck it down.
It overturned a murder conviction against Yvan Vaillancourt, a New Brunswicker who had participated in a robbery of a pool hall in which his accomplice shot and killed a man, on the basis that he was not responsible or liable for the death since he could not have "objectively foreseen it."
Ironically, the same court had denied Moore's appeal in 1985, his lawyer, Glenn Sandburg, essentially putting forward the same argument.
Since Moore wasn't at the scene, it's hard to comprehend how the court didn't come to the same conclusion in his case.
Over the years Moore has added racial discrimination to his appeal for justice.
As the basis for his claim that the justice system was racially biased, he points to the fact that Rich Nichols, his brother-in-law who was originally a suspect along with him as they had been together most of the day, including the time with Stevens and Hogan, was never charged.
Moore, Stevens and Hogan were native. Nichols was white.
The s. 696.1 (1) to which AIDWYC refers is, "An application for ministerial review on the grounds of miscarriage of justice may be made to the Minister of Justice by or on behalf of a person who has been convicted of an offence under an Act of Parliament."
I don't see anything there that calls for new evidence.
Even if it does require it, I believe an organization such as AIDWYC would have enough clout with the justice department that it could bring about the relief Moore seeks, which is now mainly to be able to lead a normal life.
As a convicted murderer, even though he has served his sentence he will be on parole for the rest of his life, which means he has to report to a parole officer at regular intervals and must always ask for permission to travel from his city or town of residence.
And if he gets into trouble of any kind, his parole could be revoked.
I don't think anyone expects that in every case where a law is changed or struck down that the justice system revisit all who were convicted under it, since in most cases it would involve people convicted of crimes not involving a life sentence who have already served their time and have moved on with their life.
But I believe that an exception should be made in a situation such as that facing Moore or any others still alive who were caught under the law as it stood.
As for AIDWYC, I think it dropped the ball in Moore's case, its focus too narrow.
But then that is maybe because I have always considered it to be a stronger fighter for justice for the wrongly convicted than it really is.
Doug Millroy, editor emeritus of The Sault Star, can be reached at millroy@shaw.ca.
Monday, October 19, 2009
Sudburians honoured in late NDP leader's name
Sudburians honoured in late NDP leader's name
By Carol Mulligan, from The Sudbury Star
A short time ago, John Moore hadn't heard about the Jack Layton Award for Social Justice.
So it came as a surprise to learn that a group that has been fighting for him for years was nominated for the honour.
Justice and Freedom for John Moore, a group of a half dozen or so people fighting to clear the Sudbury man's name, is one of three groups short-listed for the Outstanding Achievement Award in the program named after the late New Democratic Party leader.
Myths and Mirrors and the Ontario Coalition Against Replacement Employees have also been nominated in that category.
The Jack Layton Award for Social Justice, the first of its kind in Canada, is a program organized by Sudbury New Democrats to recognize outstanding community members who work to build a more equal society.
"Jack Layton's commitment to social justice touched the nation," said Richard Eberhardt, president of the Sudbury NDP. "In his name, we are proud to recognize those who are carrying on his work."
Three individuals were nomi nat e d for the Leadership award in the program -- Laurentian University professor Gary Kinsman, Leo Therrien, executive director of Maison Vale Hospice, and longtime activist Laurie McGauley.
Three people were nominated for the Youth award, which recognizes people who encourage awareness of social justice among their peers.
Laurentian University labour student Nicole Beaulieu, Laurel O'Gorman, president of the teaching assistants' union at Laurentian, and Max Merrifield, a rap artist involved with the Occupy Sudbury movement, were short-listed for that award.
Moore has tried for decades to clear his name after being convicted June 30, 1978, in the death of taxi driver Donald Lanthier in Sault Ste. Marie.
Moore, an Ojibwe, was convicted of second-degree murder under a section of the Criminal Code that was later ruled unconstitutional. No one in his position today would be charged with a similar crime, let alone convicted of it.
Moore said Wednesday that a handful of people meet monthly to discuss how to have him exonerated. He will speak this weekend to students at Waterloo University about his case and has several speaking engagements at Laurentian University in coming weeks.
Moore and his supporters are asking for a review of his conviction.
Wyman McKinnon, former president of CUPE Local 4705 representing inside employees at the City of Greater Sudbury, is a member of OCARE (Ontario Coalition Against Replacement Workers).
The group supports the efforts of Nickel Belt New Democrat MPP France Gelinas to have the province pass legislation prohibiting the hiring of replacement workers during labour disputes.
Merrifield said he was "absolutely honoured and a little bit shocked to be nominated for ... an award in the name of such a fierce leader and fighter for social justice as Jack Layton. To even be short-listed is an absolute honour."
The awards will be presented at a dinner March 1 at the Steelworkers' Hall.
Tickets cost $100 for two or $60 each. There will be a silent auction at the event and proceeds from that will be donated to charities of the award-winners' choosing.
Tickets are available by phoning 705-562-1239.
By Carol Mulligan, from The Sudbury Star
A short time ago, John Moore hadn't heard about the Jack Layton Award for Social Justice.
So it came as a surprise to learn that a group that has been fighting for him for years was nominated for the honour.
Justice and Freedom for John Moore, a group of a half dozen or so people fighting to clear the Sudbury man's name, is one of three groups short-listed for the Outstanding Achievement Award in the program named after the late New Democratic Party leader.
Myths and Mirrors and the Ontario Coalition Against Replacement Employees have also been nominated in that category.
The Jack Layton Award for Social Justice, the first of its kind in Canada, is a program organized by Sudbury New Democrats to recognize outstanding community members who work to build a more equal society.
"Jack Layton's commitment to social justice touched the nation," said Richard Eberhardt, president of the Sudbury NDP. "In his name, we are proud to recognize those who are carrying on his work."
Three individuals were nomi nat e d for the Leadership award in the program -- Laurentian University professor Gary Kinsman, Leo Therrien, executive director of Maison Vale Hospice, and longtime activist Laurie McGauley.
Three people were nominated for the Youth award, which recognizes people who encourage awareness of social justice among their peers.
Laurentian University labour student Nicole Beaulieu, Laurel O'Gorman, president of the teaching assistants' union at Laurentian, and Max Merrifield, a rap artist involved with the Occupy Sudbury movement, were short-listed for that award.
Moore has tried for decades to clear his name after being convicted June 30, 1978, in the death of taxi driver Donald Lanthier in Sault Ste. Marie.
Moore, an Ojibwe, was convicted of second-degree murder under a section of the Criminal Code that was later ruled unconstitutional. No one in his position today would be charged with a similar crime, let alone convicted of it.
Moore said Wednesday that a handful of people meet monthly to discuss how to have him exonerated. He will speak this weekend to students at Waterloo University about his case and has several speaking engagements at Laurentian University in coming weeks.
Moore and his supporters are asking for a review of his conviction.
Wyman McKinnon, former president of CUPE Local 4705 representing inside employees at the City of Greater Sudbury, is a member of OCARE (Ontario Coalition Against Replacement Workers).
The group supports the efforts of Nickel Belt New Democrat MPP France Gelinas to have the province pass legislation prohibiting the hiring of replacement workers during labour disputes.
Merrifield said he was "absolutely honoured and a little bit shocked to be nominated for ... an award in the name of such a fierce leader and fighter for social justice as Jack Layton. To even be short-listed is an absolute honour."
The awards will be presented at a dinner March 1 at the Steelworkers' Hall.
Tickets cost $100 for two or $60 each. There will be a silent auction at the event and proceeds from that will be donated to charities of the award-winners' choosing.
Tickets are available by phoning 705-562-1239.
Saturday, October 17, 2009
Two Audio Interviews With John Moore
Please check out these radio interviews done with John by Dee Blues of The Prison Radio Show on CKUT 90.3 fm based in Montreal.
The first is from December 2010, and the second from June 2011. The files are in MP3 format.
If you are on FaceBook, you can become a fan of The Prison Radio Show by clicking here. You can also email the show at prison(AT)ckut.ca.
The first is from December 2010, and the second from June 2011. The files are in MP3 format.
If you are on FaceBook, you can become a fan of The Prison Radio Show by clicking here. You can also email the show at prison(AT)ckut.ca.
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