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Thursday, November 10, 2005

Winnipeg Youth Gets 1-Day Sentence for Killing Iraqi Refugee as Supreme Court Set to Hear Case

I am outraged at Canada's limp-wristed new law for young offenders who commit heinous, violent crimes, as in the case of the fifteen-year-old Winnipeg teen who viciously beat to death an Iraqi refugee.

Judges in the case cited that there is confusion about the application of the Youth Criminal Justice Act that replaced the Young Offenders Act. This new act focuses more on rehabilitation than punitive measures. While I agree about the merits of rehabilitation for young offenders, the law should not be used as a blanket shield. Shielding young criminals who commit violent acts, especially those who kill an other in cold blood, instead of protecting law-abiding citizens from these acts perpetrated upon them, severely impedes the judiciary from doing its job. Often motivated by pure hatred or racial/gender/sexual orientation bias, these criminals should be judged accordingly. It is my humble opinion that a teen-ager who cold-bloodedly, without provocation, takes the life of an other human being, is beyond 'rehabilitation' and deserves a harsh sentence. What good does a slap on the wrist do?

Every person who watches the evening news knows that youth crime is increasing at an alarming rate, with violent crimes leading the way. In my own area, a facility for adult offenders was transformed into one for young offenders, as they make up the fastest growing segment of the criminal population.

Recidivism can be lowered by humane rehabilitative measures, especially among youths. However, the gravity of the crime should merit punishment accordingly. Ridiculously light sentences serve only to embolden those who are prone to violent behaviour, and will not act as a deterrent. Rehabilitation for these individuals remains a large question mark. The one-day sentence meted out in Winnipeg's "eight-ball case" is a gross aberration and travesty of Canada's judicial system. The Supreme Court of Canada is set to hear this case. I hope they deal with it more judiciously than the Manitoba courts did.



"
A young offender was convicted of killing 22-year-old Chya Saleh, a Kurdish refugee from Iraq, by hitting him two or three times in the head with a pool ball wrapped in a sock.

Saleh had arrived in Canada six months earlier and was working as a pizza delivery driver when he apparently looked at the killer's sister the wrong way.

What outraged the community was the sentence for the crime: one day.

"When I see somebody has killed a person and walk out of jail, then I say where is the system? Where is the justice that exists," said Ismat Simo, a friend of the victim.

The killer was 15 years old and had already spent four months in jail. The judge said he couldn't impose a longer jail sentence under the law.

On Thursday the Supreme Court will hear that case, and a similar B.C. case, because there's confusion about the application of the Youth Criminal Justice Act that replaced the Young Offenders Act.

Manitoba judges say that under the provisions of the newer act they must focus on rehabilitation, instead of giving out tougher jail sentences....

.....If the Manitoba case is upheld there could be more one-day sentences in other provinces.

If that happens the Youth Criminal Justice Act could very well end up back in Parliament."



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