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Munyonzwe 'The Defender' |
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Law Office Of: Munyonzwe Hamalengwa Barrister and Solicitor 100 Westmore Drive Unit 18A, Toronto, ON. Canada, M9V 5C3 Phone: (416) 644-1106/ (416) 644-1123 Fax: (416) 644-1126 e-mail:
New Developments: Giants Of Justice The Nelson Mandela International Award In The Pursuit Of Justice Published Articles: Pride Articles: African Affairs Articles: Toronto Star Articles:
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Munyonzwe Hamalengwa Barrister and Solicitor >different publications Karla Homolka The excellent article by Christie Blatchford entitled 'Karla: a Femme too fatale' (Globe and Mail, April 16th, 2005) and similar articles by other journalists concerning why Karla Homolka should not be released from prison without conditions rely in part on the recent pronouncements of the Parole Board. This in turn relies on an unstated presumption. That the Parole Board is always trustworthy. However, this presumption is far from being problematic. The Parole Board, just like the courts, cannot always be trusted. In fact the Parole Board, the courts and the police cannot always be trusted when it pertains to high profile cases involving the most despicable crimes and the most vilified members of society. Let me limit my
analysis just to the Parole Board, whose members consist of political
and therefore, patronage appointees with limited terms of service and no
security of tenure. It is the same board
that refused to release all wrongfully convicted people - Guy Paul, David
Milgaard, Marshall and several dozens - on account that these people by not
acknowledging their crimes, posed a danger to reoffending upon
release. Several thousands of small time criminals have been denied parole
either because they filed Notices of Appeal or insisted that they were
wrongfully
convicted. These never make it to the newspaper pages. Steven Truscott could
have been denied parole if he was not given clemency by a forward looking
government of the day. The equivalent parole board in the US routinely
denies parole to several thousand individuals who were later found to be
innocent. Rubin Hurricane carter is just the well-known example. September 13, 2004 in Toronto Sun Dear Editor:
The above- referenced
article by Douglas Fisher that appeared on Sunday September 12th, 2004
demonstrates the need to educate the media about many things that; they
do not understand, among others the following: (1) a lot of reporters
need to be educated about legal journalism and legal affairs, (2) the
media needs to be educated about accountability in its coverage of
stories, and (3) quite a lot of reporters, both male and female are
sexist- as against women judges.
Now for the elaboration. (1)
Fisher says this of Justice Bertha Wilson's decisions, "She made a
bundle of rather radical decisions, some of which I believe were most
ill-considered, given their costly consequences". Fisher does not seem
to realize that there are 9 Judges on the Supreme Court and any majority
decision by Justice Wilson means that 5 or more judges supported her.
Therefore, it was not a decision by Justice Wilson alone, it was the
Court's decision. It goes the same for the decisions of Justice Abella
when she was at the Ontario Court of Appeal- she was in the majority in
those decisions that carried the day. A little legal journalism and
legal affairs training would help the likes of Fisher not to personalize
judicial decisions that constitute the majority opinion of the court.
(2) Journalists ought to be
accountable for their reporting, the same accountability they call for
judges. Fisher libels and slanders Justice Wilson by stating without
attribution and accountability that some lawyers "dismissed her as
ignorant of both criminal and corporate law". How do we really know that
Fisher got this information from some lawyers or he made it up. A little
lesson in accountability and may be a dose of libel and slander suit
would educate the likes of Fisher.
(3) When are male judges as
ferociously attacked as female judges are by journalists. Fisher calls
Abella 'lefty' and influenced by 'political and ideological
considerations'. When have journalists the likes of Fisher called a male
judge "right winger" or 'reactionary'? Sexism creeps in in the
journalism of people Fisher.
We have a long way to go
towards legal equality.
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Member of: Criminal Lawyers Association The Law Society Of Upper Canada
Last Modified: August 11, 2007
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