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. |