The law should not reflect public anger
Re: Mandatory minimum sentences for child pornography are unconstitutional, Supreme Court rules (October 31)
The Supreme Court of Canada's recent decision to strike down mandatory minimum sentences for possession of child pornography has sparked controversy. It is important to understand what the Court said—and did not say. (I write as President of the Legal Aid Lawyers Association.)
The court did not downplay the seriousness of this offence. Rather, it reaffirmed a fundamental principle of Canadian justice: that punishment must fit both the crime and the individual circumstances of the offender.
Confidence in the administration of justice is undermined when mandatory minimums are promulgated without clear evidence that they deter crime. Historically, such minimum values were used for crimes with statistically high rates, such as drunk driving, where a uniform response was considered necessary. There is no comparable data to suggest that mandatory minimums for child pornography offenses will achieve this goal.
Our courts exist to apply the law fairly and analytically, not to reflect public anger or political sentiment. Their independence is what guarantees justice for everyone.
Gary Robinson
Winnipeg
Kinew's comments go too far
Re: 'They should bury you under the prison' (November 4)
I was shocked to read the words of Prime Minister Wab Kinew about his stance on combating pedophiles in our prison system. I completely agree with Kineya about the horror of pedophilia and child pornography. Children should be allowed to be children for as long as they can. Adults who steal the innocence of children are not much different from murderers. They kill what is valuable and what cannot be revived. This is by far one of the most grotesque and unacceptable things an adult can do.
But his proposal to place them in conditions where they would likely be killed or maimed by other prisoners is excessive. We are not like that. We have already collectively agreed that the death penalty is not what Canadians want from their government, and Kinew must respect that, no matter how angry he is about the issue.
The simplest thing you can do about pedophilia is to become enraged and start promoting violence against criminals. What's not so simple, and what Kinew needs to focus on, is preventing this from ever happening in the first place. I, like many other Prime Ministers and, I think, most Canadians, disagree with this ruling and seek mandatory punishment for these crimes. In my opinion, one year is absolutely not enough. People with such tendencies should be removed from society and not allowed to return until the threat of their further behavior is completely eliminated.
The most effective thing we can do is teach our children how to protect themselves through conversations in our homes, our schools and our community organizations. And let us always remember that our integrity is determined by how we deal with the worst of us.
Steve Oetting
Winnipeg
Prime Minister Wab Kinew's rhetoric towards sex offenders is disgusting, plain and simple. The tough-on-crime rhetoric he employs does not make our streets safer.
What measures would actually reduce the number of child victims? The temperature of the conversation could be lowered so that pedophiles who know their motives are misguided can seek help and other support before offending; such a measure would also place potential sex offenders under mandatory reporting.
While not all pedophiles are victims of abuse, increasing victims' access to mental health support can help end the cycle of abuse. Finally, Manitoba has sex offender rehabilitation programs, programs that have been proven to reduce reoffending rates. Our Prime Minister should be talking to such organizations rather than quietly disparaging the hard work they put into keeping communities safe without resorting to murder.
Finally, Kinew faced attacks on his character due to his past crimes. Why does the prime minister believe that he is capable of growth and worthy of forgiveness, while others are not capable or worthy? And isn’t it hypocritical for the legislator to justify and even praise lawlessness?
Kelsey Enns
Winnipeg
I have been moved by Premier Wab Kinew's insistence that the province treat people with compassion and respect, but I am troubled by his recent comments about crime and punishment.
Even if we could be sure that only the guilty were charged (and Manitobans have seen plenty of evidence to the contrary), a society that confuses vengeance with justice degrades itself. By calling for imprisonment and even celebrating his actions amounting to torture and murder, Kinew is demeaning the office of Prime Minister.
Duncan Thornton
Winnipeg
Time to act against violence in healthcare
Re: Doctor attacked at HSC on first weekend with 24-hour police presence (November 3)
Based on media reports, it unfortunately appears that Winnipeg may be Canada's epicenter for violence against health care workers.
Violence in emergency departments often goes unreported and is a serious threat to the integrity of Canada's increasingly fragile emergency care system. Daily verbal abuse and physical violence lead to burnout and mental injury, absenteeism and premature career cuts. We can't let this continue.
In 2018, the Standing Federal Committee on Health studied this issue and, shocked by what it heard, obliged our country to address this problem. They published a report with nine reliable and credible recommendations. Nothing has been done since then.
Dan Mazier of Manitoba, who is now vice-chair of this committee, should provide leadership on this issue. Review the report and accept its recommendations.
Alan Drummond
Perth, Ontario.
Set your limit
Re: “Reasonable limits” (LettersNovember 4)
After reading Terry Dunn's letter, I suggest that she not drive below 20 mph in a school zone.
Engage cruise control when you see a warning traffic sign. This allows you to fully focus on finding children at school.
Sandy Reimer
Gimli
Grateful to the defenders
Re: Respect the Protectors: Bloodvein's Duty to the Land (Think Tank, October 31)
Thank you for this well written and thoughtful argument. It always pleases my old heart to hear when young people look after our land. Although this article is about elk hunting, it would be easy to change the names and dates and apply these arguments to our use of other natural resources—the gifts—that are generously given to us.
As a member of the PWP (Privileged White People) tribe, it is important that I once again recognize the ancient relationships and reciprocity that exist between Mother Earth, humans and other animals.
It's easy for me to retreat and return to less conscious behavior. Thanks for the reminder.
Barbara Coombs
Winnipeg
