The B.C. government has suspended a controversial test called a penile plethysmograph, which it was using to assess young sex offenders to determine their risk of reoffending after treatment.

On Wednesday, the B.C. Civil Liberties Association demanded the government intervene after it learned of the tests.

Within hours, the government suspended the sex testing after the provincial advocate for children and youth announced she would conduct a review.

B.C.'s Children's Representative Mary Ellen Turpel-Lafond says she only learned last week of this clinical testing on young people, about a week before the BCCLA went public with its concerns.

Turpel-Lafond says after she raised concerns with senior ministry officials, the practice was suspended.

"They have assured me this testing is not happening at the moment and they will not continue this testing until my office has completed a review of the matter," she said.

"I think we're going to look very carefully at the balancing of the rights of the youth, their vulnerability, the process that was used," she said. "Is this a necessary tool? Is it valuable? I think we're really going to have to look at all of the key issues with this."

Youths shown images of naked children
During the test, a youth would attach a device to his penis that is designed to measure his physical sexual arousal.

Researchers in another room then play images of adults having sex, followed by images of naked children and infants, as they monitor the youth's level of arousal, according to Robert Holmes, the president of the B.C. Civil Liberties Association.

The images are accompanied by audio of a male voice that describes forced intercourse with male and female infants as young as two, according to Holmes.

The youth's genitals are covered by a sheet during the testing, and the youth is monitored by researchers behind one-way glass who measure whether or not there is some kind of stimulation effect, said Holmes.

"Male children, often abuse victims themselves, are subjected to this treatment by a government responsible for their care and well-being," said Holmes.

The youth subjects are predominantly children involved in the criminal justice system in B.C., he said.

"In our view, serious rights issues are involved with this. That is particularly so given that the individuals involved are vulnerable youth. The public is entitled to a full explanation," he said.

"These tests are a clear breach of the children's basic human rights. In any other context, subjecting children to violent pornography would be considered sexual abuse," said Annabel Webb, director of the advocacy group Justice for Girls.

Proponents of the program say a youth's parents have consented to the tests, which they say allow officials to predict whether the youths are likely to reoffend.

But Holmes questioned whether consent was properly obtained from the youths and their families. He also said the test has a high error rate and could adversely affect the youths involved.

Used to determine risk of reoffending
The tests are conducted by Youth Forensic Psychiatric Services, part of the Ministry for Children and Family Development.

Children and Family Development Minister Mary Polak says the test is conducted only on young people who have committed serious sexual offences as part of a treatment process to try to determine the youth's likelihood of reoffending.

"The ministry relies on the advice of medical professionals and clinical practitioners with regard to research and therapeutic intervention as it relates to the treatment of youth who have committed — and have been found guilty of — serious sexual offences," Polak said in a statement released Wednesday.

Polak said it's completely voluntary, involves parental or guardian consent and can be withdrawn at any stage, but she takes the concerns seriously and will co-operate with the review by the Representative for Children and Youth.

RCMP officers display a Hells Angels vest in Richmond, B.C. in this handout photo. (CP PHOTO/HO/BC RCMP)
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By: Gary Mason, ctvbc.ca

The trial of Allen Dalstrom versus the Organized Crime Agency of B.C. had been under way in B.C. Supreme Court for only a few days when lawyers representing both sides approached Madam Justice Catherine Wedge asking for a temporary adjournment.

It was granted. And although no one knew it then, a wrongful-dismissal case that threatened to level serious allegations of misconduct against high-ranking RCMP members would never resume.

The Globe and Mail has now learned that $2-million of B.C. taxpayers' money was used to quietly end the affair in September, 2008. The secret arrangement was hatched on the courthouse steps during a break in the proceedings. Lawyers for the Crown approached Kevin Woodall, Mr. Dalstrom's lawyer, saying it was not in the public interest for the trial to go ahead.


At the time, the RCMP could not afford more damning headlines, given that support for Canada's national police force was at an all-time low after the tasering death of Robert Dziekanski one year earlier. On top of that, there were the in-custody deaths of Ian Bush and Kevin St. Arnaud that had raised serious questions about the conduct of the force in B.C. The turmoil rocking the RCMP has continued, most recently with the scathing findings of the commission set up to investigate Mr. Dziekanski's death, and the similarly damning report from the Air India commission.

The terms of the settlement were buried in a Crown Proceeding Act Report ending fiscal 2009, which said the province and OCABC accepted the plaintiff's offer to settle for $1.3-million plus salary and benefits, with the province contributing $550,000 and OCABC paying $750,000 plus salary and benefits for the six-year period outlined in the agreement. Mr. Dalstrom was making about $100,000 a year as an investigator, which puts the amount of the settlement over $2-million when benefits are factored in.

In November, 2008, Mr. Dalstrom received a written apology from OCABC, which is funded by the B.C. government. In essence, B.C. taxpayers were on the hook for the entire $2-million payout.

In exchange for walking away a rich man, the only promise the plaintiff made was to never reveal the terms of the offer or discuss details of the ugly internecine war many believe was ignited by the RCMP inside the walls of the OCABC, a joint operation between the Mounties and municipal police.

Today, few who played a part in the story are willing to talk about the events that destroyed the career of one of Canada's most accomplished gang investigators. That list includes the B.C. Solicitor-General's office, the RCMP and senior Mounties who have since retired.

Mr. Woodall issued a statement on his former client's behalf that read in part: "The events surrounding Mr. Dalstrom's dismissal from (OCABC) … were very painful for Mr. Dalstrom's family. … He does not wish to make any further comment on this difficult period."

Still, a transcript of Mr. Woodall's opening submission at trial obtained by The Globe lays out Mr. Dalstrom's case against his former employer. And while it is only the plaintiff's version of events, it makes clear why the Mounties might have worried about the trial going further.

According to Mr. Woodall's opening statements, Allen Dalstrom's troubles began when he opposed the RCMP's attempt to shut down a major drug investigation by the OCABC. Mr. Dalstrom was the lead investigator on the probe, called Project Phoenix, which was targeting Hells Angels.

The RCMP, though it had officers on the OCABC, was upset that Phoenix might jeopardize its own parallel undercover drug investigation. It is widely believed that Mr. Dalstrom's successful defence of Phoenix earned him the eternal enmity of the RCMP.

Three RCMP officers would eventually be assigned to Phoenix, and months afterward allegations began being leveled against Mr. Dalstrom. One RCMP officer said Mr. Dalstrom urged him to massage wiretap affidavits to give them a better chance of succeeding before a judge. Mr. Dalstrom was accused of harassing and intimidating another RCMP officer at the agency. It was also alleged he sexually harassed a female civilian employee.

Mr. Dalstrom was cleared of all those allegations, and Phoenix resulted in scores of drug seizures. But the infighting eventually doomed the project, and charges were never laid.

The fighting worsened after a book by Julian Sher, The Road to Hell, came out with a quote from an OCABC insider about how the RCMP viewed the joint operation as an affront to the force's prerogatives: "We are seen as infringing on their exclusive bailiwick of federal policing and organized crime policing, and they have done fuck all here for 25 years."

The hunt was on to find out who it came from, the suspicion falling on Mr. Dalstrom, who confirmed he'd talked to Mr. Sher but denied saying those words.

After that, life was even more difficult for Mr. Dalstrom at OCABC. He was put on administrative leave on Feb. 5, 2004, ostensibly because there wasn't anything suitable for him to do in the organization. In July of that year he was terminated, with no explanation. In April, 2006, he filed his wrongful-dismissal suit.

The case promised to make for some uncomfortable time in the witness box for Bev Busson, who headed the RCMP's ‘E' Division in Vancouver and was chair of OCABC's board of governance when Mr. Dalstrom worked for the agency. (After briefly serving as commissioner of the RCMP in Ottawa in 2006-07, Ms. Busson retired.)


According to Mr. Woodall's opening submission, it was Ms. Busson and David Douglas, a career Mountie from Manitoba who was retired from the force when he became chief officer of OCABC, who "entered a secret agreement" to get Mr. Dalstrom fired. Mr. Woodall also said there was expected to be evidence that Mr. Douglas threatened to "starve" Mr. Dalstrom out by dragging the court case on while the unemployed officer's legal bills piled up. It was also alleged that Mr. Douglas wanted Mr. Dalstrom to know that, if he sued for wrongful dismissal, the unproven allegations of sexual misconduct would be raised in court.


Andy Richards was Mr. Dalstrom's supervisor during the plaintiff's time at OCABC. Mr. Richards, now a senior ranking officer with the Port Moody, B.C., municipal police, had a front-row seat on the unsightly antics allegedly being cooked up to get rid of a respected investigator. In an interview, he said he was asked to change Mr. Dalstrom's employee performance appraisal to make it less flattering. Mr. Richards refused. He said statements Mr. Douglas was alleged to have made about "starving" Mr. Dalstrom out and bringing up the unfounded sexual misconduct allegations were made in his company.


Asked why he thought such a lavish out-of-court settlement was offered to Mr. Dalstrom, Mr. Richards said: "I think OCABC and the government wanted all that nastiness and RCMP dirty tricks to remain a secret." He added: "It really is one of the sorriest chapters in our policing history in this province."


Al Dalstrom now lives in a Vancouver suburb with his wife and two children. He has never returned to policing, and works in the construction industry.


Gary Mason is a columnist for The Globe and Mail. For more news and stories from the Globe's B.C. bureau please visit The Globe and Mail's B.C. website.

Watch CTV News at Five and Six on Wednesday for an exclusive report from CTV British Columbia's Lisa Rossington

VICTORIA – Canada's first restrictions on sale and possession of soft body armour have taken effect in B.C., and two other provinces are also trying to deprive gang members of one of their status symbols.

B.C. passed legislation last fall to require a permit to buy body armour, and those who currently own or sell it, have six months from July 1 to pass a criminal record check and obtain a permit. Police can now confiscate body armour from those who don't have a permit or exemption, and

Alberta passed legislation this spring to create similar restrictions, and Manitoba has introduced legislation. Opposition critics in Alberta compared the permit plan with the federal government's costly long-gun registry, and security experts noted that body armour can be bought from the U.S. or overseas through websites that promise world-wide shipping.

The B.C. law exempts police officers, sheriffs, corrections officers, conservation officers, armoured car guards, security guards, security consultants and private investigators. Out-of-province individuals who require body armour to work have to apply for a 90-day permit exemption.

When the bill was introduced, former public safety minister Kash Heed said the government expected few applications for permits, such as for gang associates in protective custody in order to testify in court.

Vancouver Police encountered people with body armour and no legitimate use for it 230 times between 2002 and 2009.

Early this year, the Ministry of the Attorney General quietly introduced a fee structure for accessing criminal court records online. A charge of $6 would be levied each time a file or document was opened.

The justification was the recovery of some of the costs associated with providing the online service, and to discourage frivolous record searches.

For most people, it was an initiative of seemingly little significance, affecting perhaps only those who worked in legal circles. In fact, it carried the potential of profound public impact.

Court records contain critical public information.

The media relies heavily on that to keep the public informed about criminal justice proceedings, individuals who run afoul of the law and the context of their crimes.

When someone is charged with a serious offence, does that person have a previous criminal record? Is he or she connected with criminal organizations or other activities?

Although that information can be accessed in person at court houses, many towns are served by court facilities in communities long distances away.

The cumulative cost of frequent and numerous court record searches was prohibitive, especially for smaller papers.

The potential result was restricted access, less detailed reporting and a less informed public.

Over the past several months, various media organizations, including Black Press, lobbied Attorney General Mike de Jong to rescind the fees.

Last week, the AG announced the online fee would be scrapped as of Aug. 31.

It was a commendable decision, ultimately made in the public interest.

— Nanaimo News Bulletin

Critics are questioning a bombshell claim by the Canadian Security Intelligence Service (CSIS) that civic politicians in B.C. may be acting as puppets for foreign powers.

SFU security expert Andre Gerolymatos said the comments by the head of Canada's spy agency seems to have blown the cover on any effort underway to gather evidence, while angering virtually all politicians.

"It's unfair for people in government in British Columbia – both at the provincial and municipal level – who are now under a cloud," Gerolymatos said. "He didn't say who, so we can now suspect everyone from the premier on down."

CSIS director Richard Fadden told CBC News several unidentified municipal politicians in B.C. and cabinet ministers in two provinces are suspected of being agents of influence for foreign governments.

Fadden said local politicians may be courted early in their careers with free trips and a cozy relationship can help curry favour and influence decision making to the benefit of the foreign power.

He didn't name politicians, cities or foreign countries, but hinted China was involved.

"Why do it publicly?" Gerolymatos asked. "If these people are truly working for other governments or supporting other governments, then they should be brought to justice."

He said the timing of the statement suggests the real goal is to deflect attention from new findings CSIS badly bungled the Air India investigation.

Today is the 25th anniversary of the bombings that killed 331 people.

Fadden issued a follow-up statement today saying CSIS routinely investigates threats to national security, including foreign interference, which he said is common problem around the world.

"At this point, CSIS has not deemed the cases to be of sufficient concern to bring them to the attention of provincial authorities," he said. "There will be no further comments on these operational matters.”

Premier Gordon Campbell called Fadden's allegations "unprofessional and unprecedented" and demanded he fully explain his comments.

"I think we have to hear what justifications there are for these kinds of doubts being cast and aspersions being cast on people that are trying to serve the public," Campbell said.

Surrey Mayor Dianne Watts said she was "taken aback" and called it a "bizarre" turn of events.

"It's a little irresponsible to toss those comments out and then not comment any further on it," she said.

Union of B.C. Municipalities first vice-president Barbara Steele, a Surrey councillor, also said CSIS has left the 1,600 men and women elected to civic office in B.C. under a cloud.

"The accusations are unfair," she said. "This matter hasn't been handled very well at all."

Election finance reform advocate Kennedy Stewart, also a researcher at SFU, does not doubt other countries could influence civic governments in B.C., because of the loose laws governing campaign donations.

Nothing stops a foreign donor from contributing huge amounts, even $1 million.

"We do know that sizable amounts of money have come into the electoral process," he said, adding one Vancouver councillor got a donation of $80,000 from a Taiwanese businessman.

Although donations must be disclosed in civic election campaigns, Stewart said there are no such rules governing nomination races within civic parties to be named to the slate of candidates.

Stewart said there are "lots of reasons" why foreign governments might want to court civic leaders, from the continued interest of China in buying up access to Canadian resources to issues relating to property development.

"You want friendly people in government who might help you with trade relationships, tip you off on upcoming legislation changes – those kinds of things."

He said the CSIS allegations add to the "wild west" sense that anything goes in B.C. politics.

Stewart called on the provincial government to ban foreign contributions to civic campaigns and also outlaw corporate and union donations.

No restriction on foreign donors was proposed when a campaign finance task force reported back this spring, but the government has not yet introduced legislation.

Early this year, the Ministry of the Attorney General quietly introduced a fee structure for accessing criminal court records online. A charge of $6 would be levied each time a file or document was opened.

The justification was the recovery of some of the costs associated with providing the online service, and to discourage frivolous record searches.

For most people, it was an initiative of seemingly little significance, affecting perhaps only those who worked in legal circles. In fact, it carried the potential of profound public impact.

Court records contain critical public information.

The media relies heavily on that to keep the public informed about criminal justice proceedings, individuals who run afoul of the law and the context of their crimes.

When someone is charged with a serious offence, does that person have a previous criminal record? Is he or she connected with criminal organizations or other activities?

Although that information can be accessed in person at court houses, many towns are served by court facilities in communities long distances away.

The cumulative cost of frequent and numerous court record searches was prohibitive, especially for smaller papers.

The potential result was restricted access, less detailed reporting and a less informed public.

Over the past several months, various media organizations, including Black Press, lobbied Attorney General Mike de Jong to rescind the fees.

Last week, the AG announced the online fee would be scrapped as of Aug. 31.

It was a commendable decision, ultimately made in the public interest.

— Nanaimo News Bulletin

The judge had some sympathy for the man convicted of arson but, in the end, he couldn’t have the man “running loose with lighters.”

Judge Vincent Hogan sentenced Troy Ross Niehaus, 36, to three years in jail in Vernon Provincial Court Wednesday, after finding Niehaus guilty of arson in connection with a fire at the Orchard Valley Retirement Residence on Sept. 20, 2009.

He credited the Vernon man with 18 months time served.

“His life has been out of control since suffering a brain injury, and I fear for him and I fear for the future of the community,” said Hogan before imposing the sentence.

“Taking into account all of the factors, sad as they may be, I think three years in prison is appropriate. I’m sad for him, but I can’t have Mr. Niehaus running loose with lighters.”

Niehaus was arrested on the same night as the fire, a short distance away from the retirement residence.

The blaze forced evacuation of all the residents – some in their 80s and 90s – and staff, and caused approximately $78,000 in damage.

Hogan found Niehaus guilty of the charge following a trial, stating he was particularly troubled by a Crown witness’ statement that Niehaus reportedly said “seniors make good firestarters.”

Niehaus, who was brain injured in a 1996 motor vehicle accident, claimed the fire was an accident, and reiterated that again when given the chance to address the court before sentencing, blaming a faulty lighter.

“I’m sorry for lighting the fire, but it was an accident,” said Niehaus.

Crown counsel Howard Pontious was seeking a jail term of two-to-three years, pointing out Niehaus was on probation for another matter when he started the Orchard Valley fire.

Pontious referred to a pair of pre-sentence and psychological reports that painted a troubling picture of the accused.

“He shows a remarkable lack of insight, extreme impulsivity and is unresponsive to treatment,” said Pontious, reading from one of the reports. “There’s been a steady downward trajectory for Mr. Niehaus in the last 18 months. He’s a very high risk to re-offend.”

Niehaus was also labelled a pyromaniac in one report.

Defence lawyer Christine Wells told the court that her client spent a great deal of time caring for his elderly mother, disabled by a serious stroke, and that “doing time” has proved to be very difficult for Niehaus.

“He’s been in the special needs section of KRCC (Kamloops Regional Correction Centre), and he won’t be very safe if put into the general population,” said Wells, stating her concern for her client’s safety.

“You talk about the community needing protection. Mr. Niehaus does as well.”

While he expressed sympathy for Niehaus’s life – “he never asked for the brain injury” – and acknowledged he helped look after his ailing mom, Hogan took into account that the fire was started while Niehaus was on probation; that he had a history of offences while on probation; that he had substance abuse issues; and that he had resisted the hand of the community who tried to help him.

Hogan also imposed a lifetime firearms prohibition on Niehaus, and ordered him to provide a DNA sample.

More Images » Marc Emery kisses wife Jody before he enters B.C. Supreme Court to surrender to U.S. authorities.Photograph by: Bill Keay, PNGShortly after pot activist Marc Emery turned himself in to police custody Monday morning, he was informed that the federal justice minister had ordered his extradition to the United States.

The self-proclaimed “Prince of Pot” has been on bail since the fall, while facing a five-year prison sentence after pleading guilty to conspiracy to manufacture marijuana in the U.S.

The charges against Emery and two of his associates at his Culture Cannabis store on Hastings Street in Vancouver arose from them selling marijuana seeds across the border.

“I think there’s a great deal of shock and disappointment,” said Emery’s lawyer, Kirk Tousaw over the phone. “It’s clear to me that this is deeply unpopular move by the Conservative government.”

Tousaw said Emery will likely be transferred across the border sometime this week, but there is a chance that the activist might serve his sentence in Canada,

Based on a treaty Canada has with the United States over the transfer of prisoners, Tousaw said his client must be convicted in the U.S. and that country must then support the transfer.

“We have been advised that the U.S. will support the treaty transfer,” Tousaw said. The decision will then go to Canada’s public safety minister, but Tousaw said it’s “really impossible” to say when Emery could return to his home country.

Emery spoke to reporters outside B.C. Supreme Court Monday morning.

“There is nothing to be gained by this government for extraditing me,” said Emery as he stood with his wife, Jodie, in front of supporters bearing flags and signs. Canadians will be “very, very angry” if he is sent to the U.S., he added because it will mean the minister will have turned a “tin ear” to the country’s sovereignty.

Meanwhile, the Canadian Press is reporting that a briefing memo from Nicholson’s office reveals that a U.S. drug-enforcement agent posed as a marijuana seed buyer to secure charges against Emery. The memo, dated Feb. 10, 2010 and obtained by Emery’s lawyer by a Freedom of Information request, also notes that the federal government has received thousands of letters is support of Emery not being extradited to the U.S.

lbaziuk "at" theprovince.com

VICTORIA – Vancouver-Fraserview MLA Kash Heed has "stepped aside" again, just hours after being reinstated as Minister of Public Safety and Solicitor General by Premier Gordon Campbell.

Heed said Wednesday morning he reconsidered overnight after the special prosecutor investigating his local election campaign suddenly withdrew from the case. Vancouver lawyer Terrence Robertson cleared Heed of any involvement in Election Act violations on Monday, then disclosed Tuesday that his law firm had donated to the Vancouver-Fraserview B.C. Liberal campaign last spring.

Belatedly acknowledging that as a conflict of interest, Robertson withdrew from the prosecution of Heed's campaign manager and financial agent and a third man in connection with an anti-NDP pamphlet that violated Election Act laws.

Calling the prosecutor's actions "bizarre," Heed said he spoke to Premier Gordon Campbell Wednesday morning to tell him he was stepping down again.

Reached by phone Wednesday from his trade visit to Belgium, Campbell said he acted appropriately based on the recommendation on charges received from the special prosecutor on Monday.

"After giving it 24 hours – we had the report, we read the report – I felt there had been time for anyone who had any concerns in criminal justice [branch] or the attorney general or anywhere to raise those issues," Campbell said. "None were raised and I felt that it was appropriate to reappoint."

Heed was sworn in by Lieutenant Governor Steven Point on Tuesday evening, but after getting home to Vancouver he said he discussed the matter with his wife and reconsidered.

NDP public safety critic Mike Farnworth called the latest twist in the case "extremely disturbing.

"Right from when the allegations broke, we've seen denial by Mr. Heed that his campaign would be involved," Farnworth said. "We've seen no acknowledgment by the premier of the seriousness of these allegations, we've seen no remorse whatsoever."

Robertson had second thoughts after police discovered the donation from Harper Grey LLP and interviewed him about it, but decided to proceed with the charge assessment anyway, Robertson explained in a letter to the attorney general's ministry.

"Given that charges were not approved against Kash Heed and upon further reflection, I have concluded that my continuing as special prosecutor on this matter may well provoke comment from the public and the media as to whether I am sufficiently independent to act as special prosecutor in this matter," Robertson wrote in a letter to assistant deputy attorney general Robert Gillen.

VICTORIA – Charges of violating the Election Act have been laid against three people associated with Vancouver-Fraserview MLA Kash Heed's campaign, but the former public safety minister has been cleared.

Special prosecutor Terrence Robertson was called in to examine complaints that emerged from the May 2009 election campaign, where anonymous brochures were distributed that targeted the NDP's position on crime and tax issues.

Robertson reported Monday that charges have been laid against Barinder Singh Sall, Heed's campaign manager, his financial agent Satpal Johl, and Dinesh Khanna, whose print shop produced the brochures. Sall and Khanna also face Criminal Code charges for obstruction of justice and creating a false document, while Johl is charged with a single count of making a false election finance report.

Police statements to the prosecutor describe a fictitious name and phone number that was provided to Elections BC and to police investigating complaints about the brochures. Written in Cantonese and English, the mailers alleged that an NDP government would legalize prostitution and drugs, and impose a "death tax" on inheritance.

"On the evidence presented to the special prosecutor, there is no evidence that Mr. Heed was either involved in the production of the pamphlets or had direct knowledge of the pamphlets or the allegedly fraudulent advertising sponsor form," the Criminal Justice Branch of the Ministry of the Attorney General said in a statement Monday.

Heed, a former Vancouver Police gang squad leader and chief in West Vancouver, stepped down in early April after the appointment of the special prosecutor was revealed to him. He has denied any knowledge of the brochure's distribution.

B.C.’s tougher impaired driving rules have the full endorsement of Vernon’s top cop.

Under proposed amendments to the Motor Vehicle Act, police will be able to impose an immediate penalty on anyone who fails a roadside breath test.

Instead of issuing a 24-hour suspension, police will be able to impose a 90-day driving ban, a $500 fine and impound the vehicle for 30 days.

“We think it’s a great idea,” said Supt. Reg Burgess, with the Vernon/North Okanagan RCMP detachment.

“We like the fact it’s a strong deterrent as impaired driving is still a major concern despite all the awareness we have put out. We’re very happy to see this new legislation.”

Under the proposed legislation, the fee for reinstating a suspended licence will be increased from $100 to $250, and drivers will also be billed $700 for towing and 30 days of vehicle impoundment.

Failing a roadside test will also mean mandatory participation in B.C.’s “responsible driver program” at a cost of $1,420.

The changes mean one roadside test could cost a driver $3,750 before driving again, and that is before any criminal code charges and suspensions that may also result.

The legislation also provides for a three-day driving ban and a $200 administrative penalty for someone who blows a “warn” reading between .05 and .08 on a roadside screening device.

This usually results in a 24-hour suspension under current laws.

Three “warn” ratings within five years could result in a 30-day ban and $400 penalty.

Mike de Jong, acting Public Safety Minister, calls the new penalties “swift, severe, and the toughest in the country.”

Announcing the changes at the Legislature Tuesday, de Jong was flanked by police officers from around the province, and a couple whose daughter was struck and killed two years ago by a driver charged with impaired driving.

Four-year-old Alexa Middelaer was feeding horses at the roadside in Delta when she was killed in 2008.

The driver in the incident is scheduled to go to trial in May.

Her parents said they were grateful that the latest changes were dedicated to their daughter’s memory.

“This does provide a real hope, and I have to say today has been really inspiring,” Laurel Middelaer said.

De Jong said 30 years of “counterattack” promotion and enforcement in B.C. has got the message through to most drivers, but about one in 30 still drinks and drives, and cases have begun to increase in recent years.

— with files from Black Press reporter Tom Fletcher

A Houston woman has dropped her lawsuit against the RCMP related to the shooting death of her son in a Houston jail cell five years ago.

Linda Bush held a joint press conference with RCMP this morning to say she's exhausted herself and her finances in pursuing the suit. She said she spent more than $100,000, and all proceeds from her son's life insurance.

Ian Bush was shot during a struggle with an RCMP officer in a Houston jail cell in 2005.

The announcement was made this morning at a Vancouver press conference with RCMP Chief Superintendent Craig Callens.

"I know that many people, including some who are very close to me, will be very disappointed with this decision," said Linda.

"I do, however, need to make the decision after considering what makes the most sense."

In a released statement she continues that the inquest following her son's death in police custody in Houston five years ago was "an exercise in frustration for the family," and that court would hear more evidence.

The civil case was meant to expose flaws in the current system but she said she thinks that has already been done now.

What is the most essential now, she said, is the legislation that will create civilian investigation.

Linda said that Bill C472, introduced into parliament by Skeena-Bulkley Valley MP Nathan Cullen, would provide civilian investigation for the RCMP anywhere in Canada if passed.

"I would like to see a national standard, at the least, for investigating the RCMP," she said. "There are many difficulties with the RCMP Act itself, as it has not been revised for many years."

Callens thanked Linda for her ongoing input and said that her efforts have contributed to the improvements that have been made at the Houston detachment since Ian's death.

"I can only imagine how emotionally difficult this has been for you and your family," he said.

Changes that have been made with her help include external investigation, review and oversight of serious incidents involving RCMP members and employees, and the installation of video recording equipment in RCMP buildings.

"We both agree that these changes are needed in order to enhance the transparency of police operations and to provide a means for greater accountability to the public," he said.

The goal, he continued, is to enhance public trust and confidence in the RCMP.

He noted that the first significant change that came directly from the incident with Ian Bush involved independent oversight of investigations by the RCMP in B.C. involving high-profile and serious incidents such as in-custody deaths.

In 2006 the Commission for Public Complaints Independent Observer Program started as a three-year pilot project.

In September 2009 the B.C. Association of Chiefs of Police made a resolution that called for the establishment of an independent, civilian-led investigation agency to investigate serious incidents involving the police, he said.

Work is underway to achieve this goal, said Callens, and the RCMP have taken the interim measure to implement a new national policy to address the issue of external investigations.

"The intent of the policy is to ensure fair, effective, thorough and impartial investigations of RCMP employees through a combination of independent external investigation, observation and review," he said.

VICTORIA – Vancouver-Fraserview MLA Kash Heed says it wasn't until after last spring's election that he first heard about the campaign brochure that apparently led to his sudden departure from cabinet.

Heed stepped down as public safety minister Friday, after he was informed by an RCMP officer that he was part of a police investigation into Elections Act violations during the May 2009 election campaign.

Vancouver-Fraserview NDP candidate Gabriel Yiu's campaign complained to Elections BC after anonymous Chinese-language brochures were delivered to voters in the final days of the election. The brochures claimed the NDP supported legalizing drugs and prostitution, and also supported an inheritance tax, ideas known to be widely opposed in B.C.'s Chinese community.

An English portion of the brochure claimed "NDP promises could legalize drugs," increase the price of beer and impose a "death tax." The brochure is crudely illustrated with pictures of coffins and injection drug users, using the letters NDP to stand for "negative, destructive, painful."

Heed said Monday he only heard about the brochures after the election, from a Chinese newspaper that was brought to his campaign office after he had won the Vancouver-Fraserview seat by a narrow margin. He said he paid little attention to it, because "my campaign would never endorse anything like that."

Heed said he has not yet been interviewed by the police about possible Elections Act violations, but will co-operate fully and he looks forward to being reinstated to cabinet.

Premier Gordon Campbell said Monday he didn't know about the brochures until this past weekend, after he had accepted Heed's resignation.

Campbell has appointed B.C. Attorney General Mike de Jong to serve as interim public safety minister.

B.C. Public Safety Minister Kash Heed has resigned his cabinet post as the RCMP investigate possible Elections Act violations in his election last year as MLA for Vancouver-Fraserview.

Premier Gordon Campbell has appointed Attorney-General Mike de Jong to do double duty as acting public safety minister.

Heed issued a statement Friday afternoon, saying he was informed of the investigation March 24, but was initially told he was not a suspect.

"On late Tuesday evening, April 6, while I was out of the country, I was informed that the investigation was evolving and the RCMP want to interview me to determine if I had any role in the allegations," Heed said.

On Wednesday Heed's lawyer determined that a special prosecutor had been appointed, as is usual when a member of government may be facing charges. Heed then told Premier Gordon Campbell he would be stepping aside until the investigation is complete.

"I am confident that I have done nothing wrong," Heed said. "I fully support the RCMP's efforts and will be co-operating fully with the investigation."

A former head of the Vancouver Police gang squad and police chief in West Vancouver, Heed was a high-profile recruit last year for Campbell's cabinet in the volatile public safety ministry, responsible for police, jails and the Insurance Corp. of B.C.

It's the third resignation of a minister from that job in recent years. Chilliwack MLA John Les resigned from cabinet two years ago after a special prosecutor began looking into his possible role in land deals while mayor of Chilliwack a decade ago, and Les is still waiting for the outcome of that investigation.

Abbotsford South MLA John van Dongen succeeded Les, then resigned during the 2009 election campaign after he lost his driver's licence for too many speeding tickets.

The criminal justice branch of the Attorney General's ministry announced later Friday that Vancouver lawyer Terrance Robertson has been serving as special prosecutor on the Vancouver-Fraserview case since Jan. 12. Robertson was appointed the request of the RCMP to examine "possible offences involving [Heed's] campaign office," the branch said in a statement.

A Kelowna man on probation after apparently spraying a police officer last year with what was believed to be bear spray—-and getting shot in the process—has been arrested again with bear spray, police say.

Police said Friday that officers encountered Mark Aaron Pauls, 25, when they stopped a vehicle driven by him on Mills Road on April 1.

Police allege they found a can of bear spray and a long bladed knife inside the vehicle. Also found was over 14 grams of methamphetamine and a tiny amount of crack cocaine.

Const. Steve Holmes noted that Pauls is currently on probation after being convicted of possession of a weapon and carrying a concealed weapon.

That conviction came in December, and included a sentence of two months of jail time in addition to what he already served, and a 12-month probationary period.

The conviction stems from a Feb. 13, 2009, incident in which a plain clothes police officer approached Pauls, who was wanted for parole violations, in Rutland.

The officer was sprayed with what was believed to be bear spray and a struggle, where shots were fired, ensued.

Pauls was shot in both legs, police reported at the time.

Since then, the officer, Const. Kent Hall, was charged with careless use of a firearm.

His case was in court this past week, and is scheduled to return to the Kelowna Law Courts on May 10.

Pauls, meanwhile, faces half a dozen new charges following his arrest this month.

He remains in custody and is scheduled to be in court on Tuesday on charges of failure to comply with a probation order, possession of a controlled substance, possession for the purpose of trafficking, possession of stolen property and two counts of possession of a weapon for a dangerous purpose.

cwierda "at" kelownacapnews.com

To the editor:

Having read the Feb. 7 edition of the Capital News (No Day in Court) I am again reminded that our current legal system has gone far astray.

The recognition and protection of fundamental human rights in this country goes back well beyond the formation of this country. For example, the Magna Carta expressed the recognition of many of these fundamental principles. In particular, and with reference to your lead story, Article 40 states: “To none will we sell, to none deny or delay, right or justice.” Yet, here we are in a system that forces an individual to pay for right or justice.

It’s quite ironic when you realize that, if you are dealing with a government entity (like the Canada Revenue Agency for example), their legal counsel is the Department of Justice, another arm of government. And you, as a taxpayer, are paying, through your taxes, towards the salaries of their lawyers. So, in effect, you are paying them to go to court against you and you have to pay for your own legal counsel too.

So what happened along the way? Why is our legal system designed this way? Why must one be forced to seek legal counsel to resolve any issue?

Simply put, we have forgotten who we are as human beings. And although we are brought up to believe we have rights, when it comes down to it, do you really know what they are? Growing up, we are not taught at home or in school about the concept of rights and freedoms as they apply to us as individuals in society. We know we have them but, how does one go about exercising them, or defending oneself, if one doesn’t know what they are?

Have you ever read a law or statute? If you ever attempted it, you would quickly find that the language is very difficult for the average individual (even some legal professionals) to comprehend. I believe our legal/justice system has evolved to where our laws are written this way so we are literally forced to seek legal counsel to resolve our issues.

Why should it be this way? Why can’t our laws and legal system be designed so the ordinary citizen can defend him or herself? Is it complacency or laziness on our part or has our society been molded so that the knowledge and awareness of who we are as human beings, and the rights and freedoms we inherently possess, have been intentionally suppressed until we cannot defend ourselves without paying someone else to do it for us?

Grant Baudais,
Kelowna

The office of a non-profit organization that provided legal advice to those in Kelowna who could not afford it will soon be closed.

The closure is the closest visible sign of a wider collision between an increasing demand on legal services and a decline in the ability to pay for them.

The Legal Aid office in Kelowna is located1664 Richter St. It is one of the most recent victims to fall to budget cuts within the non-profit Legal Services Society.

Similar regional offices in Kamloops, Prince George, Victoria and Surrey along with the Justice Access Centre in Nanaimo are also on the chopping block this year.

The offices are currently scheduled to close on April 1. The cuts affect four positions in Kelowna and six in Kamloops, a mixture of staff lawyers, paralegals and administrative support staff.

The Justice Access Centre provides legal information and advice to people involved in separation and divorce.

This spring will also see the end of the civil LawLine service and the Community Advocate Support Line.

LawLine is a telephone service designed to help low-income B.C. residents who do not qualify for a legal aid lawyer.

Operators provide advice on debtor’s assistance, employment and family law, health, estate law and seniors issues, housing law and income security law-related issues.

The Community Advocate Support Line connects advocates with a lawyer who will provide legal advice, coaching and information to help them in their work on behalf of clients.

These telephone legal advice services are both scheduled to end on March 26.

Legal Services Society communications manager Brad Daisley said the society is in the process of hiring local agents.

Those agents are intended to fulfill some of the duties office staff currently do, including the provision of intake services to enable local access to legal representation, providing public legal education and information, providing legal advice, engaging in outreach and liaison activities with community, Aboriginal and legal groups and scheduling duty counsel.

Daisley noted that expressions of interest have been received from those wishing to become local agents, and will continue to be received up to Feb. 15.

According to the society’s estimated timeline, the agents would be hired, trained and start offering services byMarch 29.

Legal Services Society executive director Mark Benton noted the cuts are the by-product of the financial equivalent of a “perfect storm.”

He pointed out that as the recession began to occur, falling interest rates dropped and took with them the interest-based funding the LSS receives from trust accounts.

Benton added that two years ago, the LSS received $3 million just from the Notary Foundation, and this year the expectation from that funding source has been reduced to $200,000.

“It’s a very steep decline, and we were running a lot of our discretionary programs from that funding.”

Benton said funding from the Law Foundation takes the form of an annual grant, which the LSS continues to receive even though the foundation is currently running into deficit spending.

He pointed out the government delivers more than 90 per cent of LSS funding and continues to maintain their level of delivery.

“What we also saw as the recession started to set in was a very marked increase in the demand for legal aid.”

Benton noted rising unemployment made more people eligible for legal assistance. He added that when there is fiscal stress in the economy, that stress is reflected in domestic relationships.

Benton said the LSS has seen a 20 per cent increase in the demand for family law services.

“Our core funders, not withstanding their commitment, have been hard-pressed to maintain funding.”

Benton said a third dimension of difficulty is added by the LSS no longer being allowed to operate at a deficit, when the society had been in deficit spending for the past two years.

“Right now, we are projecting a multi-million dollar operating deficit. We need to balance that budget for next year.”

Benton said the situation spurred the LSS to look carefully at its long-term plan and put limits on the amounts of service provided.

He noted the society’s principle focus now is on maintaining services and reducing administrative costs.

Benton said these reductions have applied to a simplified billing system for lawyers hired by LSS and also to a look at how the society operates its legal aid application process.

He pointed out that moving the process to the province-wide call centre was the cheapest way for the LSS to process applications from people seeking assistance.

“They could apply either through the local agent or the phone service, but the phone service will be the predominant way.”

Benton added that the move frees up funds from administration and allows the LSS to put the money into services.

He noted the move to close regional offices and employ local agents freed up more than $1 million.

Benton said the LSS looked at the range of services provided and realized it needed to be realistic about revenue and service demand.

“Our vision of returning to the legal service model of before 2002 was not something we could realize in the future.”

Benton noted that such a return would require tens of millions of dollars from government and private sources.

He said the LSS has restricted its focus to legal aid in criminal, family, immigration and mental health matters.

Benton pointed out narrowing the focus of services provided allows the society to do the best it can with the resources it has.

He said an increasing body of social science research notes timely advice on legal problems can help avoid costs incurred on social services.

Benton added that the LSS does not believe that government and private sources will be able to financially provide those services in the current economic climate.

“I think there’s a much broader need for legal aid, but realistically we have to focus our services on where we can make a difference and where our government sets its priorities.”

Benton pointed out the LSS receives no government funding for civil law services.

He said he had no doubt that there would be exceptional service from local agents in Kelowna, but they would not match what was available from the Legal Aid office.

He added that the closure was no reflection of the calibre of the people working there.

The Kelowna law courts are the proving ground for one of the society’s pilot projects to improve the delivery of duty counsel services.

Benton noted that the pilot project involves a single duty counsel lawyer dealing exclusively with minor criminal offenses such as breaches of probation or failures to appear in court.

He noted this is one of the areas where the LSS had limited service in criminal law due to budget constraints.

Benton pointed out that national statistics show such minor offenses as the fastest growing area of criminal offense, with a similar trend reflected in B.C.

He said the final report on whether having a dedicated duty counsel for such offences is more effective.

He noted costs are not reduced, but it may be a more efficient way to operate and enhance the level of duty counsel available.

“We obviously believe this helps the court as well.”

B.C. Ministry of Attorney General public relations officer David Townsend said the decision to make the cuts was an internal one, made by the Legal Services Society.

He noted that the LSS does receive government funding from the ministry, but that funding has not been cut.

The NDP’s critic for the attorney general ministry, MLA Leonard Krog, said it is typical for the government to pretend they have no responsibility for anything they fund.

He pointed out that the bulk of the budget for the LSS is provided by the ministry of the attorney general.

“The money that comes from the Law Foundation and the Notary Foundation is drying up, but the mandate to deliver legal aid is still the government’s responsibility,” he said.

Krog added that the current Liberal government had already cut the legal aid budget by more than 40 per cent after being elected.

He also doubted whether replacement services instituted by the LSS would be able to fill the gap.

“I don’t think it’s going to be a cost-effective service, and the lawyers going on strike in Kamloops tells you what the legal community thinks of it.”

A group of Kamloops lawyers withdrew all family and criminal court duty counsel work beginning Jan. 11 in protest of the cuts.

Krog noted the seven per cent legal services tax brings in more than enough money to fund Legal Aid, but he said portions of the tax are diverted into general government revenue.

“The fact is that we’ve starved the legal aid system around the province.”

While access points to legal assistance are being reduced, the demand for those services continues to increase.

Elizabeth Fry Society agency coordinator Aimee Thompson said the closures will affect the amount of legal assistance available to the society’s clients.

The Elizabeth Fry Society is a non-profit organization that works primarily with women involved in the justice system.

The organization also operates a sexual assault counselling centre and works with women who become involved in all forms of violent situations.

Thompson said Elizabeth Fry staff have found that when women are at the contemplation stage of leaving a violent domestic situation, they want to find out what their rights are or ask for more information about family law.

She said a number of the women are referred to Legal Aid or to the Lawline telephone service.

Thompson noted that staff also use the Community Advocate line to get more specific legal information or to get advice from a lawyer.

“There are alternatives, but they’re not going to be funded and have the same kind of mandate that Legal Aid had,” she said.

Thompson noted that the EFS has contacted several other legal organizations in an attempt to find alternate sources, but pointed out that access to Legal Aid and the Lawline telephone service has helped streamline a legal process that people often find confusing and frustrating.

She said the LSS previously saw resources cut in 2002 and thought services would be rebuilt from there, rather than suffering further rounds of cuts.

“My sense is that we are going through a phase of much more deprivation and punishment.”

She noted there is a reliance on the criminal justice system to provide counselling and assistance after people have gone through it.

“I think we should all be concerned that our most vulnerable citizens are being scooped up by the criminal justice system and criminalized before they have access to social and justice services.”

Thompson said the effects of the work of local agents being hired as replacements will depend on the individuals hired.

She noted that a Legal Aid outreach worker currently attends a local committee to create change for women experiencing violence.

Thompson pointed out one of the valuable pieces of work performed by LSS employees is delivering direct information to citizens and being part of community efforts.

She said the local agent may see the community contact as valuable and provide time for their staff to do that work, or may decide it is not something mandated within their contract with LSS.

Thompson’s hope is that the LSS will select someone who would like to maintain current services.

“We kind of have to have faith that the Legal Services Society will continue to meet its mandate.”

Still, Thompson added that the LSS would be doing so with decreasing resources and an increased demand on its services.

For advocates working for the Elizabeth Fry Society, the Legal Aid office and telephone service closures will mean more time needed to acquire basic legal information.

“We do provide that information, but we can’t do it all.”

Thompson has been with Elizabeth Fry for eight years and has seen the increasing demand on legal services.

She noted that new client request intakes have more than doubled in the past year.

Thompson added that the numbers of women being charged in domestic violence situations have also increased, as have the general numbers of incarcerations.

She pointed out that with less access to legal aid, more people are pleading guilty than would have if they had professional assistance.

The ramifications of the guilty plea in a domestic violence situation continue beyond the initial sentence.

Thompson pointed out that any record of domestic violence will affect that individual’s future, including the custody of their children if they have any and the degree of their further involvement in the family law system.

“You end up having a person in a very stressful situation, getting snared in these processes.”

Thompson noted that some of these situations could be resolved by not charging people in the first place but getting them the help they need and making their rights known to them early on.

“I think Legal Aid has tried to do that, along with others.”

She pointed out the cuts ultimately increase the burden on remaining providers, a burden that cannot help but increase when staff that deliver a service are removed.

Thompson noted the provision of legal aid is necessary.

“These are people’s rights, these are Charter rights that people have access to. We want people to have participatory access to the justice system if they need it.”

Kelowna Women’s Resource Centre coordinator Micki Smith also expressed concern about the closures.

Smith noted many of the services the regional office provided will no longer necessarily be available.

She pointed out the streamlining of the application process may shut out applicants who would only be eligible for legal assistance on closer examination of their situations.

“There are a number of situations where on the surface it might appear that someone might not be eligible for legal aid.”

Smith added that if more time is required to determine someone’s eligibility, she was concerned about those people having access to legal assistance.

She pointed out that a person could be on a criminal charge but may not necessarily be eligible for legal assistance if it does not appear they would receive a jail sentence.

Smith gave the example of a woman with a severe mental impairment who was told she would not be covered by legal assistance because she would not receive jail time.

Smith noted the woman would still garner a criminal record. She added that the woman was fortunate enough that a staff lawyer from LSS was available during the time when she showed up to court, but gaining that assistance was a matter of luck and good timing.

“It’s concerning that people are not going to have that.”

Smith noted that community advocates do not have the legal expertise to fill in the gaps.

She pointed out that local advocates are inundated with cases, despite their lack of formal legal training.

“It’s going to be really challenging. As advocates in the community, we need to have access to legal help as well.”

Smith noted that legal services have been denigrated since the mid-1990s, making it harder for people to ensure their rights are protected.

She said people should have access to good legal counsel but she anticipates that more people will have to represent themselves in court.

“I anticipate judges are not going to be happy. The court systems are already backed up, I can’t imagine how much more it’s going to be backed up if people have to represent themselves.”

msimmons "at" kelownacapnews.com

A Vernon Mountie still faces an internal code of conduct review after pleading guilty in provincial court Thursday to refusing to provide a breath sample.

Const. Jody Turpin was fined $1,000 and had his driver’s licence suspended for one year as a result of an incident in December 2009.

Because he pled guilty to refusing to provide a breath sample, a stay of proceedings was issued by Crown counsel on an impaired driving charge.

Sgt. Rob Vermeulen, senior media relations officer for the RCMP’s B.C. division, said senior management will make the decision on Turpin’s future following the internal code of conduct review.

“They can go by formal or informal discipline,” said Vermeulen. “If they decide on formal discipline, that means there would be a hearing before an adjudication board. Consequences at their disposal could be a written reprimand, loss of pay, loss of rank, right up to dismissal.”

Turpin is still posted to administrative duties at the Vernon detachment, and Vermeulen said that will continue for some time.

“At some point a decision will be made on returning to operational duties, but keep in mind he has a licence suspension for one year,” he said. “They might look at foot or bike patrol, but that’s a decision that would be made by senior detachment management.”

Turpin was arrested Dec. 19 after Vernon RCMP found him behind the wheel of his own personal vehicle in the downtown core at 2:30 a.m. The RCMP suspected he was about to drive while impaired.

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Hugh Brody will visit the UBC Okanagan campus on Feb. 24 for a public screening of his new film The Meaning of Life, an 80-minute documentary that explores a community-based model for rehabilitating prisoners.

A Tier One Canada Research Chair in Aboriginal Studies at the University of the Fraser Valley and professor of anthropology, Brody has been invited to UBC Okanagan by the Community, Culture and Global Studies department. He will be on hand to introduce the film as well as answer questions immediately following the screening.

The Meaning of Life is the result of a two-year collaborative project between Brody, the Chehalis Nation of British Columbia and Correctional Service Canada.

Filmed at Kwikw xwelhp (Elbow Lake Correction Facility), the documentary examines a different way to look at concepts underlying punishment and rehabilitation and the idea that the current prison system can be significantly changed by including community in the process.

Other films by Brody include Time Immemorial (1991) about Nass Valley Nisga’a land issues; Hunters and Bombers (1990) which examines the impact of low-flying bomber training on Innu hunting; and, Washing of Tears (1994) about the cultural revival of the Mowachaht of B.C. whaling community. Among his many publications are the Living Arctic: Hunters and trappers of the Canadian North (1987); Maps and Dreams (1988), and The Other Side of Eden: hunters, farmers and the shaping of the world (2000).

There is no charge for this screening and everyone is welcome to attend.

The film will be shown at 7 p.m. on Feb. 24, in the UBC Okanagan Arts building ART376.

To find out more contact Naomi McPherson, associate professor of anthropology, at 250-807-9325.

Vancouver – The Province will dedicate an additional 168 police officers and 10 prosecutors as part of a comprehensive initiative to strengthen B.C.’s fight against gang and gun violence, Premier Gordon Campbell announced today.

“Recent gang violence has been both shocking and appalling, and British Columbians have had enough,” said Premier Campbell. “We’re adding more police officers to investigate, arrest and get violent criminals off the street, and we’re dedicating more prosecutors to put criminals behind bars.”

Premier Campbell announced a comprehensive, seven-point plan to support ongoing efforts to tackle gang crime that includes:

1. More police officers

2. More prosecutors

3. More jails and secure courts

4. Tougher laws

5. Crackdown on illegal guns

6. Outlaw armoured vehicles and body armour

7. New gang hotline and rewards program

In addition to the dramatic increase in the number of police officers and Crown prosecutors dedicated to curbing gang activity, the Province is moving quickly to strengthen laws, increase penalties, and take away the proceeds of crime.

“I’m going to Ottawa with the solicitor general to lobby for the changes we need to tackle gangs in British Columbia,” said Attorney General Wally Oppal. “If you use a gun while committing a crime, you shouldn’t get bail. We want an end to 2-for-1 credit for time served. And we need a modern wiretap regulation that recognizes new technologies like cell phones and other devices.”

“Putting these additional police resources onto the street and backing them up with additional resources in the courtroom means we can dramatically increase our efforts to get these gangs off our streets,” said Minister for Public Safety and Solicitor General John van Dongen. “In addition to the new police, we’re also putting together a 10-member team focused solely on seizing illegal guns.”

The comprehensive public safety package will see $185 million invested in new jail cells, new regulations around the sale of body armour, revisions to the Motor Vehicle Act to outlaw modified armoured vehicles, and aggressive utilization of the Civil Forfeiture Act to seize and sell vehicles and property obtained through criminal means.

To encourage better participation in the arrest and prosecution of gangsters, an enhanced escalating rewards program will be developed to solicit tips and information that lead to the arrest and conviction of criminals. An additional $1 million will be allocated to the $3 million invested in youth education programs designed to help kids stay out of gangs.

Link to More Information:

Backgrounder –- Gangs and Guns Targeted in Public Safety Initiative

Information Bulletin -- Illegal Gun Action Plan Released

Access to justice is a ‘basic public right,” but cost, court procedures and delays can be barriers to members of the community accessing justice, says the Chief Justice of the Supreme Court of Canada during her visit to Kelowna on Tuesday evening.

“Justice is a basic commodity of importance to all society,” said Beverley McLachlin. “Everybody should have access when they really need it.. I am convinced, unfortunately, that this right isn’t always fully met.”

However, steps are being taken to improve upon Canada’s system, she said, which is the “envy” of many in the world.

In her presentation as part of UBC Okanagan’s distinguished speaker series, McLachlin noted that the fees associated to getting a lawyer, as well as complex court procedures, can be cost-prohibitive to some.

The number of unrepresented litigants, she said, could be a symptom of those challenges of the system, and contribute to another challenge facing the system—delays. Cases involving litigants without a lawyer often take longer as they struggle to present their case in a complex system that they don’t often understand—and may need help figuring out.

“The solution will require a multi-pronged attack,” she said, noting the legal community, judiciary, parliament and the community must work together. One concept being considered as reforms are pondered for the judicial system is “proportionality”—meaning that the cost and time associated with a case is comparable to what’s at stake.

There are individuals looking at how to simplify the procedure for less complicated cases, and there is also work toward out of court arbitration which could quickly and cheaply resolve disputes.Many law firms are taking on more pro bono work, helping individuals maneuver through the complexities of the court system, and there is also discussion surrounding “unbundling” service so that individuals that are able to advance their case to a certain point can seek legal help for just part of the process, she added.

Community courts could be coming to Kelowna—at least if the RCMP has its way.

On Monday Supt. Bill McKinnon told council he believes there needs to be better solutions to dealing with crime and that two members of his staff would be heading to Vancouver to learn about their community courts system.

“Simply put, what we’re dealing with right now is not working. It’s not the solution,” said McKinnon.

While the top cop did not go into specifics over what he thinks the problem with the court system is, he said he feels there were “better solutions” out there.

Mayor Sharon Shepherd told him council has asked to be considered if there is an extension of the community courts program outside the Lower Mainland, although she is of the understanding it may not even continue in that jurisdiction.

The downtown community court system in Vancouver opened in summer 2008 and is the first of its kind in Canada. It draws members of social service agencies, the health care system, police and community members at large together to work on a problem-solving style system for dealing with crime.

Injustice makes my skin crawl.

We are exposed to life’s minor injustices on a regular basis—an impatient shopper cutting in line, a schoolyard bully stealing a treat, a cheater.

Even the minor ones are hard to take. I want to jump in, send the shopper to the back of the line, return the treat, disqualify the cheater.

Of course, I am not alone. I like to think that we all have that sense of fairness.

How often, though, do we actually get to stop injustice in its tracks?

Not long ago, I was consulted by a fellow who had been injured in a car crash through no fault of his own.

It was just over two years after the crash and the pain from those injuries had become chronic.

He was looking for a lawyer to help him achieve fair compensation for his injuries.

How I wished he had come to me just a couple weeks earlier.

Have you ever heard of a limitation period?  It is a time limit.

If a lawsuit is not started within the time limit, the right to fair compensation expires.

One day, you have a claim and the next day, the claim is gone.

The fellow who consulted me had been dealing directly with the insurance company.

I don’t know whether the adjuster handling his claim mentioned the limitation period but I do know, with certainty, that he wasn’t sufficiently warned because he didn’t come to me until after the limitation period had expired.

One day he had a case and the next day he didn’t.

I wonder how many of the hundreds of millions of dollars of insurance company profits are made up of cases like that one. I wonder if they uncorked champagne.

Is your skin crawling?  Hang on. I have a better story.

It was a Friday afternoon. I had just returned to the office from a type of pre-trial hearing.

A lady called me over as I was heading into my office. She asked me if I did any personal injury work. (No, she doesn’t read this column.)

She told me about her sister who had been in a crash a couple of years earlier.

She had been dealing directly with the insurance company but had finally decided to hire a lawyer.

I don’t know exactly what the insurance adjuster told her but I do know what she had come to understand from those discussions.

She understood that if she didn’t settle her claim within

two years, she would have to hire a lawyer.

Her sister was helping her find a lawyer.

She happened to see me coming into my office and happened to inquire.

Get this: It was two years to the day after the crash.

In my mind’s eye, I could already see the bottles of champagne lined up, on ice at the insurance company offices.

In 2 ½ hours, the court registry where the lawsuit had to be filed would close.

In 150 minutes, the claim would be gone.

There’s something about a looming deadline that focuses you.

There’s also something about 150 minutes standing between justice and injustice that stokes the fire under your boiler. 

Fortunately, we live in a technological world. I was able to contact the sister on her cell phone.

Once I explained the urgency of the situation, she immediately left work went home and gave me the necessary information from the police report.

I left an urgent message for the adjuster but, of course, I couldn’t rely on a timely response from him.

I prepared the writ on my computer, printed, signed, scanned and filed it electronically.

It was a sweet thing seeing that electronically affixed court registry date stamp on the document.

Injustice averted—by a hair.

I’m not a champagne kind of guy. I cracked a beer or two.

There’s a lesson in this.  You cannot rely on an insurance company to advise you about your rights. That’s not its role.

Its allegiance is to the driver who caused the crash and to its bottom line, not to you.

Another lesson? Sometimes the stars really do line up.

This column is intended to provide general information about injury claims. It is not a substitute for retaining a lawyer to provide legal advice specifically pertaining to your case.

Paul Hergott is a lawyer with Hergott Law on the Westside. If there are particular issues you would like discussed in this column, please e-mail Paul directly at:

paul"at"hlaw.ca

Note from OkanaganLakeBC ... Canadian Tire shows a 30 day to 6 month time limitation on a credit slip we received from a return we made.  We tried using the credit after the 6 month time limit at the Vernon store was up, but were denied the credit at the counter.  Later when we got home and called Canadian Tire we were told that Canadian Tire stores are independently owned, and that the stores owners make the time limit rules, and that we should call the stores owner.  We had a $145 credit which we didn't want to loose.  In the end the Vernon Canadian Tire store owner agreed to extend the credit time period limit, and let us use the $145.00 credit.  Whew!!