And now:[EMAIL PROTECTED] (S.I.S.I.S.) writes: ALTA. MAVERICK JUDGE CHAMPIONS NEED FOR DIFFERENT ABORIGINAL JUSTICE Canadian Press, January 15, 1998, by Reg Curren [S.I.S.I.S. note: The following mainstream news article may contain biased or distorted information and may be missing pertinent facts and/or context. It is provided for reference only.] CALGARY (CP) - A maverick Alberta judge who's embroiled in a legal battle with his boss has issued another broadside at the way courts deal with aboriginals. On Thursday, John Reilly issued a manslaughter sentence he said was affected by the fact the offender, Mark Poucette, was a member of the Stoney First Nation about 70 kilometres west of Calgary. Poucette, 19, was convicted in the stabbing of Larry Labelle. Poucette had lived with Labelle's family for most of his life and considered Labelle a brother. Reilly gave Poucette a one-year sentence, despite a request from the Crown for penitentiary time in the range of five years. "Were I not bound by the Alberta Court of Appeal, I would find a fit sentence to be six months imprisonment and two years probation," Reilly wrote in his 17-page decision. "This would reflect the fact that the accused is an aboriginal and that past injustices have contributed to his commission of this offence." Reilly came under fire last year for several rulings in cases involving residents of the Stoney reserve. He's now fighting a decision by Ed Wachowich, chief judge of the provincial court, to transfer him to Calgary. Reilly argues it amounts to punishment for his controversial decisions on aboriginal sentences. Reilly said a lighter sentence would "contribute to respect for the law by aboriginal people" because it would be seen as an acknowledgment of past injustices. But in another case handled by Reilly, where he attempted to impose a reduced sentence for spousal abuse, the Alberta Court of Appeal ruled aboriginals couldn't be sentenced differently from non-aboriginals. Reilly has argued that Section 718.2 (e) of the Criminal Code urges judges to consider the circumstances of aboriginal people when issuing sentences. "In my effort to understand the community at Morley, I have come to believe the crime rate is a result of the dysfunction in the community, that the dysfunction is a result of the history of how these people have been treated by the government of Canada," Reilly wrote. "Justice demands that these factors be acknowledged and considered in the treatment of aboriginal offenders." Reilly lists several historical factors that should be considered in aboriginal sentences, including assimilation policies and colonialism, the Indian Act, residential schools, treaties and religious persecution. "I am sure that when the young people at Morley reflect on the negative aspects of their lives, the conversations about the unfairness of the past treatment and the ongoing indifference of the non-aboriginal community is a contributing factor to the anger which so frequently erupts in the form of violent crime," said Reilly. Reilly first came to prominence when he ordered the province to investigate social conditions and allegations of political corruption on the Stoney reserve. His call for the probe recently led to forensic auditors handing over 43 files to the RCMP for possible criminal charges. Wachowich, in a letter to Reilly, called his judgments "atrocious" and an "embarrassment" to the court. He suggested Reilly had an obsession with the problems at Morley and that he had lost his objectivity in dealing with cases involving aboriginals. The lawyer representing Wachowich was in Court of Queens Bench on Thursday, seeking permission to enter new evidence. :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: SOVEREIGNTY IS THE ANSWER - CANADA IS THE PROBLEM In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only.
