Slow Justice is No Justice

by Rod Taylor CHP Candidate for Skeena-Bulkley Valley

“The wheels of Justice turn slowly,” says the adage. But are they turning at all? Or are they turning in the right direction?

Most Canadians recognize that there are holes in our court system, that victims are falling through the cracks and criminals are getting away with murder (literally). But what is at the root of this decay? What factors have led to our being handcuffed to a system that consistently disappoints?

All human beings long for justice, true justice. From schoolyard squabbles to ubiquitous divorce proceedings to high-profile murder cases, the desire to see the good-hearted citizen rewarded and the mean-spirited criminal punished is universal. Of course, there is a great deal of disagreement about who is the virtuous one and who is the guilty party. The ability to sort that out, based on evidence, is the essence of “judging” in any dispute. The ability to adequately judge depends on fair and unbiased assessment of:

• Historical facts---what happened?
  
• Motives---what was intended?
• Existing law---is the situation under consideration specifically described in the Constitution or legislation?
• Historical precedent----how does this case compare to similar cases and judgments?

Certain other rules have come to surround the process for the protection of personal rights, especially the right to be presumed innocent until proven guilty. These would include the following:

• The right to trial by peers
  
• The right to counsel
  
• The right to security of the person---things like the requirement for a search warrant to prevent frivolous or malicious incrimination by police officers

Other encumbrances or encrustations have built up over time which have done little for the cause of justice but to have hindered its application. These could be characterized by:

• Inordinate and inappropriate delays in the hearing of evidence and the rendering of judgment
  
• The micro-selection of jurors by the defence so as to guarantee a biased jury
  
• The inadmissability of critical evidence, even when it is obvious to all parties that the evidence is pertinent to the case
  
• The routine reduction of time served compared to sentence

These factors have combined to create the impression and the reality that in many cases justice has not been the result , even after years have been eaten up and countless dollars expended in its pursuit.

Of all the impediments to true justice, the main culprit (in my opinion) is the glacial pace of proceedings. I was recently reminded of this by my friend’s painful experience at the murder trial of the man accused of killing his brother. The murder took place two years before the trial. All the evidence surrounding the killing was available within the first 24 hours. The only eye-witness of the shooting has since died of natural causes. Her taped call to 911 was disallowed as evidence because she was not able to support it with personal testimony. My question: Why did it take two years to convene a group of citizens to examine the evidence?

The man who pulled the trigger walked from the courtroom with no conviction, no sentence, no restriction. The grief-stricken family of the deceased were dumbfounded, shocked. They experienced waves of an overwhelming feeling of violation by the court system. It is one thing to be assaulted by mindless criminals, to experience the painful awakening to the depths of human cruelty, selfishness and malice. It is an altogether different sort of despair to suddenly realize that the very system meant to hold society accountable and to prevent these types of tragedies is itself complicit in their tragic repetition.

The ancient words of King Solomon ring true. “Because sentences against evil crimes are not carried out promptly, the hearts of the next generation of men become emboldened to commit more such crimes.” Eccles. 8:11

Let’s do something about the costly and unnecessary delays in administering justice in our land! Let’s demand that judges and judicial system bureaucrats stop making excuses for injustice and start to apply the law, equally, fairly and appropriately to reward good behaviour and punish wickedness. The future of our nation and the stability and security of future generations depend on it!