Way to go Judge Anne Molloy! Way to go!

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Today’s Blog Post
Way to go Judge Anne Molloy! Way to go!

I am attempting to switch gears from the elation of this past weekend to the draw drop mode that I am in as of today.

Checking my News feeds this AM I read with great interest the reaction and statements of Ontario Superior Court Judge Anne Molloy as she challenged the Federal Government of Canada with her ruling on a criminal case. Instead of the criminal getting a minimum of three years in a Federal Prison, he was given “house arrest” for one year.

The person that was on trials was Leroy Smickle, age 30, of Toronto. Mr. Smickle was sitting on a couch at his Cousin’s place when the Police broke into the home looking for another bad guy. They found a shocked Mr. Smickle sitting on the couch taking on a weird pose for a Lap Top Camera. Mr. Smickle was acting the part of being real cool, while holding a hand gun in his left hand and the Lap Top in his right hand, while taking a photo of this cool pose for his Facebook Profile!

For starters that certainly puts crime right up front in a modern way… because of Facebook. What was the dummy thinking by having hand gun, out in the open and not secured in a protective case which would indicate that it was a registered handgun of some sort?? Instead he was holding a loaded hand gun in front of a camera that would and apparently did take his photo for the whole world to see.

Now to complete the story… Mr. Smickle dropped the hand gun and the Lap Top when the police barged in… and evidence showed (likely the photo taken) that he is holding the gun in his left hand – and he is right handed – proving that he was not threatening the police.

Complicated for you to understand? Me too. I had to read and re-read a number of articles that were published today to get this much of gist to what took place.

But the story is not about a stupid Mr. Leroy Smickle using a hand gun and Facebook to impress his friends.

This is a story about politics and more specifically the politics of prisons. It is about a Ontario Supreme Court Judge laying out evidence to the Government of Canada that their laws are not making any sense in the way that they are being presented.

In her statements I understand that she declared, base upon what Mr. Smickle did and the fact that the punishment that the Government of Canada has called for, it would be cruel and unusual punishment and that the Charter of Rights and Freedom Act of Canada does not allow this to happen.

WOW! And DOUBLE WOW! Canadians need to watch this case unfold across our air waves of TV, Radio and the Media od all sorts. It is not over yet!

What should have been a clear case of wham, bam and slam to a stupid man with a gun, with him being jerked from his family and stuck in a Prison for three years, was almost struck down by delivering a fairly light slap on his hand by giving him “house arrest”!!!

It was a clear message to the Government that they need to get it right. That they need to take time and think it through.

Well it didn’t stop there. With this verdict being delivered right now it was super important to the whole of our Nation.

At this very moment in Ottawa a House of Commons Committee is trying to go over each part of a much bigger Government Omnibus Bill on Crime, where nine pieces of possible legislation are under one large bill, and are about to be passed into Legislation.

The trial verdict being read out and explained by the Judge placed a clear message to the House of Commons Committee and the much larger Conservative Party that rules the Government with is large majority, that you had better get this right.

While reading all of this, up pops another fact that I had no idea about. TRIPPLE WOW!

The new Legislation, when it is pushed through in or under the 100 Day time point of the Conservative Government, makes it possible to keep a Federal Prisoner in solitary confinement, without any visits from anyone, up to 30 days at a time.

In other words, when a Prisoner does something bad inside, acts aggressive toward someone or to a guard, and doesn’t keep the rules… the guard(s) can place him in solitary confinement. And they do that all the time now. Nothing is new here. BUT WHAT IS NEW is the Prisoner will not be allowed any visits during that time. For 30 days he will be confined with no contact to the outside world, family or friends.

Sounds about the right thing to do if you believe that stronger arms and tighter disciplines will change a person. Lock them up longer and tighter and be sure to make them more miserable! That will show the little IDIOTS who is in charge here!

The fact is that the person was charged, tried and convicted by a Judge and the court of law. But following the new measures it will make it possible to try and convict the man over again while in prison – but not by a Judge or Jury. It will happen by people like you and me that work in a difficult job to say the least. It will be done by people like you and me that have had urine thrown at them, they have been spit on, and or any other method the incarcerated person can use to vent his anger.

Now pause for a minute as a thinking person….
By making it worse for the stupid person inside of prison… will that make them smarter? I don’t think so. I truly believe by what I have seen and know, that it makes them angrier. They will become more violent and do even more extreme things. Then we release them back to live next door to us!

I drop one name in this debate at this point and it should say it all. Her name is “Ashley Smith”. Her original crime was throwing a crab apple at a mail man. And her worst crime was her anger and mental state. When they placed her in custody she got worse, more belligerent and more angry… continually striking out against the guards and staff.

She was not convicted of anything but treated to constant forms of isolation until she finally took her own life with the video cameras along with eyes and ears of the guards taking it all in… as she breathed her last breath.

Tell me that “Tough-on-Crime” Bills in the Legislative Assembly of Canada works! Tell Ashley Smith’s mom that it works well.

FOUR TIMES MY WOWS!

MY jaw is still moving but I am definitely going to follow this verdict and the repercussions with it. I will be following the OMIN BILL of the Conservative Government. “Conservatives” that I know are NOTKNOWING FOR THEIR LISTENING SKILLS. But now an Ontario Supreme Court Judge has sent a clear message that will surely get even the Deafest Conservative listening.

Way to go Judge Anne Molloy! Way to go!

~ Murray Lincoln ~
http://www.murraylincoln.com/ 

Resource:
http://www.timescolonist.com/news/Judge+refuses+impose+mandatory+time/6149003/story.html
http://www.vancouversun.com/news/Judge+bucks+mandatory+sentence+firearms+case/6149059/story.html
http://www.theglobeandmail.com/news/politics/mean-spirited-crime-bill-would-deny-visitors-to-punish-inmates/article2237630/