TORONTO – Promises to give victims a formal role in Canada’s criminal justice system and to stiffen penalties for child sex predators are important if overdue federal initiatives, two abused former hockey players said Monday.
Speaking after a roundtable with the justice minister, Greg Gilhooly and Sheldon Kennedy said the Conservative government was on the right track, even if details were lacking.
“Right now a victim is simply a witness — we’re at the beck and call of other people,” Gilhooly said.
“To the extent that we can be given a formalized role in the judicial process, that to me would be a wonderfully empowering thing.”
A victim’s bill of rights was one of three get-tough-on-crime themes the government plans to emphasize this year, Justice Minister Rob Nicholson said. The aim is to entrench the rights of victims into a single law.
Nicholson also promised stiffer sentences for child-sex predators.
“Their punishment for these crimes must reflect the devastation they cause in the lives of children and their families,” the minister said.
Concerns over sentencing arose after former hockey coach Graham James was jailed for two years last year for assaults on ex-NHL star Theo Fleury and his cousin Todd Holt in the 1980s and ’90s.
The Crown has appealed the sentence as too lenient in a case that also saw the prosecution stay charges involving assaults on Gilhooly as part of James’s guilty plea.
James had already been sentenced to 3 1/2 years in the mid-1990s for assaulting Kennedy and another young hockey player. He served 18 months.
“The key here is that we’re having conversations about the importance of not only rehabilitating the criminals but rehabilitating the victims,” Kennedy said.
“I couldn’t have imagined 16 years ago, when I disclosed my abuse, that we’d be talking about these issues so openly and with such commitment to be making positive change for victims.”
Nicholson said the government will announce specific measures in the weeks and months to come.
Currently, small-time marijuana growers face stiffer mandatory minimum sentences than those who rape children, an irony not lost on Gilhooly, who has a law degree.
“I personally don’t believe that those who grow marijuana deserve to go to jail,” Gilhooly said. Those who commit sexual assaults against children do.”
Still, the government now appears to view sex crimes against children as a priority, even if any measures come too late to help him, Gilhooly said.
“I’m slowly coming to grips with the fact that I was never going to get justice from the justice system,” he said, “It’s more a legal-results system than a justice system.”
Kennedy said the government’s past focus on cracking down on criminals has sometimes left victims — especially child victims — in the legislative cold.
“Sometimes, yeah, absolutely, victims are lost,” he said.
“There is real invisible trauma, invisible damage that happens to these types of victims.”
Nicholson also promised legislation to make public safety the “paramount consideration” in cases where accused criminals are found not criminally responsible by reason of a mental disorder.
He also pledged better use of new technologies to enhance the efficiency and effectiveness of bail and extradition regimes.
New Democrat justice critic Francoise Boivin called Nicholson’s roundtable a public relations exercise devoid of substance.
“It’s a government that talks a lot but doesn’t necessarily act seriously,” Boivin said.
Liberal justice critic, Irwin Cotler, accused the Tory government of recycling its old crime and punishment agenda.
“There’s nothing in there about access to justice and the need for legal aid,” Cotler said. “Why is it there’s nothing in there about aboriginal justice?”
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Firstly, I would like to sincerely thank Greg Gilhooly and Sheldon Kennedy for their bravery in coming forward and for their commitment to stand up for our children and future generations of children in Canadian society. I empathize with you, that you will not have the justice you ultimately deserve, but please, have peace in the fact that, your work now for children, that have been through an already horrifying, ignominy of an experience, that has ultimately robbed them of what should be their most innocent years, have peace to know that your efforts will positively impact these, and as heartbreaking and unfortunate as the reality of it all is, other children to come.
I would like to thank Justice Minister Rob Nicholson, for stepping up to make the absolutely necessary changes that will empower victims of this horrendous crime, a crime that negatively impacts a person, physically and emotionally traumatizing them for the rest of their lives. I sincerely pray that what the New Democrat justice critic Francoise Boivin had to say, will not be, and that the Justice Minister Rob Nicholson will indeed follow through SHOWING LEADERSHIP, with these much required improvements AS SOON AS POSSIBLE, for everyday we wait and do nothing, another one of these terrorists are released without a fair sentence. OTTAWA, ALL the POLITICAL PARTIES MUST ACT TOGETHER FOR THIS, We need to come together and enact a STRONG bipartisan Legislation. The predators are not targeting children based on political affiliation; this is not a Conservative, Liberal or Democratic agenda, THIS IS A CANADIAN CRISIS! WE MUST RID THIS COUNTRY OF THIS EPIDEMIC NOW!
Sexual Child Abuse Crimes are much too prevalent in our society today. As a mother of children that are going through this process, I am all too well aware of just how VERY LACKING AND WEAK, WITH TOO MANY LOOP HOLES, the current laws are. RAPE IS A MONSTROUS ATROCITY for anyone to face, even more so dreadfully, for that of a child victim.
The reprobates that commit these evil crimes must face tougher laws with much more rigid consequences that are designed to protect the children and provide a fair justice for the victims. The current laws are presently in favor of these pedophiles, for as Dr. Martin Luther King, Jr. Said “Injustice anywhere is a threat to justice everywhere”. The way the legal system is currently operating, it is ultimately denying justice for the victims and their family, giving these predators the license to come back into society and re-offend by re-committing these heinous crimes, terrorising our society.
Again, I must draw upon the words of a highly enlightened individual, Dr. Martin Luther King, Jr. “History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people.” For if Good people sit silent in this call of urgency and continue to allow this kind of crime against our humanity to continue, we are no better than the monsters that commit these crimes. We must make the changes now, ask yourself, would you want your child to face rape and then have to live without JUSTICE, when you know you could have done something about it NOW?
IT IS TIME FOR SERIOUS CHANGES!
LET US NOT STAND BY INDOLENTLY, ANY LONGER, PLEASE!!!