Learning Stories
by
Mario deSantis

mariodesantis@hotmail.com

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I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, and free to choose those who shall govern my country.” - -The Rt. Hon. John Diefenbaker, Canadian Bill of Rights, 1960

The whole judicial system is at issue, it's worth more than one person.”--Serge Kujawa, Saskatchewan Crown Prosecutor, 1991

The system is not more worth than one person's rights.”--Mario deSantis, 2002


Ensign Stories © Mario deSantis and Ensign

 


Times are changing and we have our own social activist in Judge Mary Ellen Turpel-Lafond. After Judge John Reilly(1), we have in Judge Turpel-Lafond another courageous judge who breaks down the conventional wisdom to close our eyes and shut our ears.

Contrary to the oligarchic perception that Canadian judges must not take interest in our social conditions(2), Judge Turpel-Lafond has spoken at a national aboriginal policing conference held in Regina. The judge has pointed out that the generation of Indians suffering from the "residential school syndrome(3)" is socially deprived and they are lost to alcoholism and they are raised in foster homes. And this is why she has stated that if the criminal justice system doesn't address a profound crisis we could very easily have a society whose main industry is a prison industry, where essentially two-thirds of the population will have as its business locking up the other one-third(4).

At a time when Honourable Janice McKinnon(5)(6) trumpets our phony economic renewal and says that Saskatchewan led the country in economic growth for much of the last decade and was the only province in Canada to actually reduce our child poverty rate(7), it is consoling to have Judge Turpel-Lafond taking side for the common people and for the common law. Let us hope we can make some social progress and have more judges taking an interest in the social advocacy shown by Judge John Reilly and Judge Turpel-Lafond.

Endnotes

1. Judge John Reilly is a hero: a reaffirmation of individual rights, by Mario deSantis, September 6, 2000

2. The National Post and Judge John Reilly, by Mario deSantis, September 7, 2000

3. No support by law societies in residential school crisis, lawyer says 'Walking on eggshells', Richard Foot, October 13, 2000, National Post. An excerpt: Both the federal government and four Christian churches are being sued by natives who say they suffered a range of wrongdoing, including sexual abuse, as students forced into government-owned and church-run Indian schools. Although few cases have been tested in court, the liabilities for taxpayers could run into the billions of dollars.

4. Judge wants help for 'profound crisis', by Barb Pacholik, October 14, 2000, The Leader-Post, Regina, Saskatchewan

5. Honourable Janice MacKinnon: debating the economic underdevelopment of Saskatchewan, by Mario deSantis, February 9, 2000

6. Honourable Janice MacKinnon and the NDP Government: Spin-doctoring the Truth, by Mario deSantis, February 21, 2000

7. NEW ECONOMIC DEVELOPMENT STRATEGY RELEASED FOR CONSULTATION, News Release, Saskatchewan Government, Economic and Co-operative Development -547, September 14, 2000

References

Chatelaine Magazine gives a point form biography of the judge calling her "the Bright Stuff"

Sentencing within a Restorative Justice Paradigm Procedural Implications of R. V. Gladue this is heavy reading but indicates the direction Judge Turpel-Lafond is directing our attention in this paper she has produced.

Free Speech fo Judges: Turpel-Lafond's comments spark controversy in leagal circles, May 5, 1999 Star Phoenix.