Sandra’s Published Articles
Bail Hearings Granted to Convicted Murderer
Standing at Matthew's Grave side
It has been just a little over two years since the murder conviction of Katherine Quinn, and Robert Allan Forslund in the murder of our 16 year old son Matthew Martins. Quinn has now been granted an Appeal hearing, and to add insult to injury, has applied for bail pending the Appellate Court judges’ decision.
This highlights a fundamental flaw in the justice system. While the presumption of innocence is a basic tenant of our legal system, why should someone who has already been convicted and found guilty of a crime be treated under the same rule? Quinn has appealed her conviction, and the Appellate Court has yet to render a decision on whether a new trial will be allowed, or her conviction upheld. This means that her present status remains convicted, or guilty, in the eyes of the law. How then can she be granted bail, when this is a provision created specifically for those individuals who are pre trial and deemed innocent?
Most common sense people would say this cannot be true, that this should not happen. Yet our wrongheaded system does allow it. Not so in the United States. There, a convicted person appealing a decision awaits their fate behind bars, and in custody.
Here in Libertarian Canada however, the right of the offender to exercise their freedom has been paramount over the protection of society since the Judicial Interim Release act was created in 1972.
Two basic problems are created by this. The first probability is the person will take advantage of bail pre-sentence, or pre-appeal to flee. Interestingly enough there are no Justice Department figures (that we have been able to find) on the number of people who flee while on bail. The second and more serious problem to our communities is the obvious threat these people pose when released back onto our streets.
Four recent well known examples of this are Peter Lee, Ryan Crossley, Allan Schoenborn, and most recently Ander Walker-Huria. All of these people committed murder whilst on bail release, awaiting trail or a sentencing for previous serious violent crimes.
Public safety in Canada is being eroded by an ever-revolving door in every bail court in our land. Too many criminals and defense Lawyers seem to be able to manipulate the bail system and get before a sympathetic judge, or have the luck to draw a non-combative prosecutor and out the door they go, free to commit more crimes.
Our confidence in the administration of justice is at an all time low. Not once is there a thought of the irrevocable trauma placed on the families of the deceased. The continuous re-victimization of the victims and families by the courts continue regardless of our pleas.
The laws that are in place today are not just, they only exacerbate the pain and angst already created by the perpetrators. We are no longer content to sit on the side lines waiting for justice to be served. We are in fact ready to rise up against the Federal Government to see that changes are made to legislations such as the Bail Reform Act.
As a good friend of ours, David Marley, an Independent Candidate in West Vancouver/Capilano recently stated: “Essentially, the message that needs to be conveyed is Canada’s Constitution provides that the first priority of Government is to be the provision of “Peace, Order and Good Government, However, here in BC, in recent times this is demonstrably not being done. Public confidence in the administration of justice in our province is abysmal.”
The rights of the offenders continue to supersede those of the victims, and this must stop. Our own “Constitutional Rights” as law abiding citizens must come first.
Sandra Martins-Toner
F.A.C.T. Founder/Executive Director
sandra@familiesagainstcrime.org
(604)-525-3245
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(Prime Time Crime Mar. 16, 2009)
Uneven Scales of Justice
By Sandra Martins-Toner
For many years the Government of Canada has worked diligently on trying to ensure that those who have committed crimes are coddled and spoon fed from the moment they commit a criminal act. They are given legal aid paid for by the hardworking citizens of Canada, the people these offences were committed against in the first place. From the bottom up through the court systems these criminals are taken care of thoroughly.
What about the victims and the families whose lives are shattered by these violent crimes, you ask? Well, frankly there is not much in place to help them navigate through the entire process. Although, our Government would like you to think differently, I can tell you first hand having been thrust into advocacy after my child was murdered, even years later I am left feeling incredibly frustrated. The Crime Victims Assistance Program claims to have over 100 programs in place for the victims/families, however qualifying or accessing these programs can be complicated.
I am dumbfounded by the plethora of resources in place for those convicted of violent crimes. By the time they’re released from prison, they may have completed High School, College or University with degrees in law or any other career that takes their fancy. I cannot understand why the victims/families are left to fight for every and any little thing that is offered to us by the Government.
I have watched families practically beg for more resources, everything from therapy to lost wages. Why, why must they beg for something they so rightfully deserve and need? Why have the scales of Justice become so uneven? Violent crime across our country is out of control, yet our Government will tell you differently. The trauma left in its wake has left victims/families scrambling for resources, resources they may never be entitled to due to current legislation.
We can spend hours running through the therapeutic, vocational, and restorative justice programs in place for the offenders, but where the heck are these so called Government funded programs for the victims/families?
Corrections Services Canada provides for the offenders programs that are designed to serve the specific needs of various groups. For example, aboriginal and women offenders have special needs that require carefully targeted programs. Can anyone tell me whether I get a choice of counsellors or therapists who specialize in dealing with the traumatic loss of a child or a loved one? I think not! If you would like to see a therapist that is covered or funded by the Crime Victims Assistance Program, you get whomever they have. Should you find another therapist you would like to see, the victims must cover the cost over and above the agencies set hourly rate.
CSC also provides assistance to the families of offenders, and a Chaplaincy Program should the offenders wish to addresses their spiritual needs. What is wrong with this picture?
I have had Government senior officials tell me that British Columbia has the best Victims Assistance Programs and resources in Canada, and at that statement I laugh. Perhaps the bureaucrats who are making 70k and upwards a year should try to live on the $8.00 per hour they give the victims/families in lost wages. Only until you have lived a day in our lives can you really say whether or not the benefits we receive are fair and just, but until then you have no right to speak of what’s acceptable.
Our Government is failing us miserably. They have not kept their promise to provide good Government and the safety and security of all Canadian citizens. Should there not be an immediate remedy, this Country will suffer terribly and irrevocably. Victims/Families who have sat by watching are now beginning to rise up and speak out against this travesty. Victims repressed and discarded by the Criminal Courts and the Canadian Government are standing united across the country to be heard and acknowledged.
(F.A.C.T.) Families Against Crime & Trauma, is committed to continuing to advocate for the victims/families whose lives have been shattered due to violent crimes against them. No one should have to suffer the loss of a child or a loved one, and then be re-victimized by a system that pampers those who commit these horrific crimes. We are no longer willing to be placated and ignored.
Sandra Martins-Toner is the founder and executive Director of F.A.C.T. and can be contacted at sandra@familiesagainstcrime.org.
Prime Time Crime
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Appeals Not Appealing
The Continuous Suffering of Victims & Families
For those of us who have had the misfortune of sitting through the trial for those charged and convicted in the murders of our children and loved ones, you know all too well the anguish of having to listen to all of the horrific details of the violent act. From the moment our loved ones are murdered, we have been made to wait months, even years before the trial begins. This is not including all the preliminary hearings, the bail hearings, or any other court proceedings that follow the violent crime.
Throughout this entire process, should there not be a relationship built with the Crown or Appellate Prosecutors working on the files, we are left on our own trying to navigate, and understand the procedures of law. I am certain that others like myself have never felt so alone in their lives.
Perhaps not all of us will have to endure the trauma of an appeal, but from what I have been told, most of those convicted of murder, will appeal their sentence or convictions.
The law states that any person, who wishes to appeal against conviction, sentence, or conviction and sentence, can file for this within 30 days after the imposition of the sentence. They can even apply for an extension to these 30 days should they need more time to file. You can actually find, online, booklets put out by the Legal Services Society of BC, a step by step, do it yourself guide to appeal your conviction, or sentence. I have never seen so much spoon feeding in my life. The rights of the accused are vast and never ending, to the point of absolute madness.
Where amidst all of this chaos is the help for the victims and the families left to sit silently in the courtrooms? Where is the victims/families spoon fed, step by step instructions on what our rights are, and who can help us? That’s right ladies and gentlemen, there are none. We are nothing more than mute observers of the Criminal Justice System. Placated with the use of a victim impact statement during the trial, and even then we are told what we can, or cannot say.
In recent years the rate of appeals has increased dramatically, to the point that trial judges have begun to feel that their judgments and sentencing is a pointless exercise, one that will only be overturned on appeal anyways. Trail judges are expected to be familiar with 115 items on a checklist regarding the ever more ludicrous complexities of a criminal trial.
I am in no way saying that the appeal process should not be used, in cases where one has been wrongfully convicted, or the trial judge truly made an error in law, but to see those whose only purpose in the appeal process is to make a mockery of our system, and continue to torment the victims/families is unacceptable.
One that comes to mind is Kelly Ellard. Ms. Ellard, originally convicted of beating and drowning teenaged Reena Virk in a Victoria park in 1997 has filed and been granted 2 separate appeals, and has been granted a new trial 4 times. Need I say more? Not one, but two appeals, in which she was given a new trial after her first appeal. The second trial was declared a mistrial, as the jury could not come to a verdict. Ellard’s third trial resulted in another guilty verdict, and again she appealed. Now the Appellate Courts have ordered a fourth trial. Where is the logic in any of this? Where is the compassion for the Virk family, dragged back into court again and again, and made to relive the horrific last moments of their daughters life?
The misuse of our Appellate Courts by defence lawyers at the cost of every tax paying Canadian is outrageous. It has become common practice to appeal on almost any grounds, rather than for the three purposes an appeal was designed for, namely; the verdict was unreasonable and could not be supported by the evidence, to correct an error in law made by the Judge, or where an actual miscarriage of justice has occurred. This of course has created a backlog in the courts, already overburdened and perhaps, overwhelmed.
The lawyers are the ones who benefit form this lunacy of litigation. Let’s not kid ourselves, some unscrupulous lawyers have made a career out of seeing how much time they can spend in court, whether at trial or on appeals, all too often completely funded by the taxpayers through the Legal Aid system.
The Honourable Justice Michael Moldaver, speaking before a Justice Summit in 2006 in Ontario remarked: “control of the courtroom belongs to the judges, not the litigants, and that is something that we must never again lose sight of!”
It is extremely distressing to hear our Supreme Court Justices stating that ninety percent of what they tell juries is for the Court of Appeal, and ten percent is for the jury.
As a mother, just months away from the appeal of one of her son’s convicted killers, there are no words to express my family’s discontent, and disillusionment in the Criminal Justice System. Just when you begin to feel a sense of healing, you’re faced with an appeal that could potentially acquit the offender, substitute a conviction for a different offence, or order a new trial. As this day looms closely ahead, I am left to sit and wonder if my little boy will ever be able to rest in peace.
Sandra Martins-Toner
Founder/Executive Director F.A.C.T.
Families Against Crime & Trauma
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Show Me the Money!!
Bill 58
An Act to amend the Act respecting labour standards with regard to absences and leave
For those who have never been a victim of crime, it’s hard to understand the domino effect that takes place in ones life. Having lost a child to a vicious beating, I was ill prepared for all that was to come in the aftermath of the crime. Let me begin by saying that having to plan a funeral when you are in such great despair and shock, is something I do not wish on anyone. We were in severe shock by all that had happened, and now would be thrown in a position of utter misery because financially you are not prepared for the cost of a funeral, and all the other expenses that would soon follow suit.
I look back now to the days that followed my son’s death almost three years ago, and I can not believe we have somehow managed to survive. Had it not been for the kindness of our families, and strangers we would not have been able to make ends meet. The pittance that we received from Victims Services was an absolute slap in the face. We were given $4000.00 to apply to a funeral that cost us approximately $30, 0000. Our son’s funeral was without any frills, without flowers, or even memorial cards with his photo on them. Those little accessories were made and brought in by our family and friends to help ease the burden.
Victims Services was not able to offer us any sort of financial compensation during our leave from work, and this is where all the trouble began. We were forced back to work just weeks after our sons murder, and had we not done this we would have lost everything. The emotional stress, and depression that you are dealing with, accompanied by the financial stress due to the fact that you are no longer eligible to collect your pay cheques.
Since founding Families Against Crime & Trauma (F.A.C.T.), I have come to realize that we were not the only ones who faced financial ruins due to these crimes. I can tell you that 85% of our members had experienced this as well. Many of us had tried to find help, but could find no Government Agency to help alleviate our financial strain. This is when we decided to do some research on a program we had heard of, but ultimately due to cut-backs really no longer exists.
In 1972 Pierre Trudeau introduced The Criminal Injury Compensation Program (CIPC), which provided an important service to victims/families who had been affected by violent crimes. Prior to that date, there was no redress for innocent victims of crime who, in addition to bodily injury, often suffered serious psychological trauma. In 1995, the Criminal Injury Compensation Act was amended to provide compensation to the immediate family members, including counselling, wage loss, and funeral expenses. For example, the parents of a child who had been killed in a criminal act can receive compensation.
In 1963 New Zealand was the first to implement this Act. Britain would quickly follow suit and passed its law in 1964. In 1965 California became the first U.S. state to enact such a system, and it has been followed by most of the other states since then. In Canada, Saskatchewan was the first province to pass such a law in 1967. This was evidently a popular idea, as when B.C. introduced its system in 1972, it was the eighth province to do so. Since then, the two territories, N.S. and P.E.I. have been added to the list, leaving no province in Canada without a scheme for compensating victims of violent crime.
Until 1992, these programs were run on a cost-shared basis between the federal and provincial governments, although the boards are constituted and administered provincially. While none are identical, they have shared a number of common features, all were designed to aid the victims of violent crime. These included surviving dependents of victims of homicide, and usually persons responsible for the maintenance of the victim.
The compensation schemes were all designed to alleviate pecuniary loss. Compensation could be obtained for financial costs incurred as a result of the injury, death or disability of the victim (e.g. funeral expenses, the cost of some therapeutic equipment). Some programs also compensate for pain and suffering (although this has become much more restricted since the termination of federal cost-sharing in 1992).
Figures in 1982 showed that it cost every taxpayer $320 to support the justice system. Of this, only $0.32 cents goes to victims. Since in many jurisdictions the budget is determined in advance and cannot be exceeded, the more applications the program receives, the lower the awards. As the programs were poorly funded in the first place, successful applicants usually end up receiving ridiculously low amounts as compensation for their victimization.
Federal and Provincial cost sharing for these programs ended in 1992; when the Canadian Government cut back funding to the provinces. Many provinces had to reorganize their programs by amalgamating the Criminal Injuries Compensation Program with either Victims Services programs, or the Workers Compensation Board. This is when Victims of Crime were hit the hardest. The cutbacks so severe, that the eligibility and coverage for the victims/families were almost non existent. Provinces such as Nova Scotia cut all the compensation other than counselling.
F.A.C.T. has been informed by many victims/families that they were not even told about any sort of compensation, and those who have applied for help are so minimally compensated, and so disgusted with the treatment they are given, they don’t even bother to follow through. Most will tell you that there is too much red tape and beurocracy. They feel as though some of the Victims Services Workers they spoke to seemed to care, but could do nothing to help them as their hands are tied.
Victims Services Programs have a list of resources they say are available to victims/families, but when we seek these out, many of us are told that we do not qualify. How is this possible? I once recall asking the Victims Service worker if I needed to lose another child to murder in order to become eligible, and this statement was met by silence. This is unacceptable, and those who have lost a child or a loved one to a criminal act should not be made to beg, nor should we be ignored.
When speaking to these workers we have found that many blame the legislation for limiting their responsibilities, and said they wished they could do more, hence putting the blame on the system. It seems that no one wants to take the responsibility for the current lack of resources, or financial help for victims/families of violent crime. Even the existence of Government Compensation for victims/families is not well known.
This means that many victims/families never find out that these programs are even available to them. In 1987 a National Gallup Poll stated that 73% of Canadians were unaware of these programs, and in Ontario only one in fifty-five eligible victims/families actually seek compensation. I can tell you that today; it is probably no different, or perhaps even worse.
F.A.C.T. has begun to see that even though these programs still exist on a smaller scale, there is little or next to no help that they can provide to those who can not return to work due to the trauma of their loss, or the injuries they sustained as victims of violent crimes. Many of us have had to go back to work within weeks of our losses, and have not had the proper time to heal, or grieve. Many of us have lost everything we have worked for due to the inability to work, or because we have lost our jobs due to stress and shock.
We are not compensated for all the lost wages nor are we eligible for any sort of financial help from the Government due to all the cutbacks. Where did this money go to? We have been told that this money was then given to those not connected to the workforce. Whether this is accurate I am unsure, but I can tell you that in order to take from one, you must be able to still help the other.
F.A.C.T. has now decided to take this matter into its own hands. We have seen too many good people lose more than their loved ones to a violent act, and now we want to see that they no longer suffer financial hardships during their grievous times. We are prepared to fight to have the Criminal Injury Compensation Program (CICP) reinstated. There must be something in place for those who are left behind to be able to cope with their grief, and not have to worry about the financial strain the loss has placed on them. Victims/families did not ask to have their loved ones killed, nor should they have to suffer the great cost that accompanies it.
F.A.C.T. has also looked into the area of Civil suits, but unfortunately the limitation periods for bringing suit may expire before the victim has recovered enough emotionally to consider suing. The other factors are financially many of us could not even begin to be able to afford the cost of retaining legal council. F.A.C.T. is currently working with a retired lawyer in hopes of finding civil options for crime victims.
We recently heard of a bill that was passed in Quebec in 2007. This is Bill 58, An Act to amend the Act respecting labour standards with regard to absences and leave.
This Bill amends the Act respecting labour standards to introduce the right for an employee to be absent from work for up to 104 weeks if the employee or the employee’s minor child suffers a serious bodily injury following a criminal offence, or if the employee’s child or spouse dies as a result of such an offence. The bill also introduces the right for an employee to be absent from work for up to 52 weeks if the employee’s child or spouse commits suicide or if the employee’s minor child disappears.
Under this bill, these rules may also apply in other circumstances and the conditions and manner in which this right may be exercised are specified, including reinstatement of the employee in the employee’s former position at the end of the period of absence and the fact that these absences are without pay.
F.A.C.T. is currently working on some parts of the bill where we feel we would like to see the language changed to meet the needs of victims/families. We would like to see that the victims/families be paid for the time they are absent from work. It is wonderful to see that we can take this much needed time to grieve and heal, but to do so without pay is unacceptable.
The Government must be reminded of this, and the only way we will see this change is if the majority votes to create a compensation program that will compensate victims/families their wage losses.
We have brought this Bill to some of our Local MLA’s attention, and we are now working together to see that this Bill is implemented across Canada, for all victims/families of crime.
We realise the time and commitment that this will take, and we are willing to make those sacrifices to see this Bill come to fruition. All of us at F.A.C.T. see this as an opportunity to try and help others in hopes that they will never have to suffer the anguish many of us have had to endure.
To learn more about Families Against Crime & Trauma (F.A.C.T.), please visit our webpage at www.familiesagainstcrime.org Become a member today, don’t wait until a violent crime touches your life.
To learn more about F.A.C.T.’s Initiatives in regards to this Bill, or request more information please contact Gord Penner of F.A.C.T. at 604-833-7332.
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To Bail or Not to Bail;
That is the Question
The Schoenborn Blunder
As the family & communities of the three slain children in Merritt, BC try to come to grips with the tragic loss of such innocence, many Canadians are in disbelief, and outrage. How could a man who had just been arrested and charged with making threats at the children’s school just days earlier be released on bail? It’s not just that he was released on bail, but how it was done.
Schoenborn would be released by a JJP on April 3, 2008 via the telephone bail system used in BC. The RCMP who had made the arrest provided the JJP with a checklist, and even though they specifically mentioned that he should not be released as they had checked off many of the questions on the document, including “would the public be outraged if this individual was released,” and still the JJP released him.
We all recently read the statement made by the Attorney General, Wally Oppal where he states, “It’s always easy to look back in hindsight and say, well maybe this person should have been kept in custody, or this person shouldn’t be kept in custody.” What Mr. Oppal is stating is absolutely absurd. I am ashamed for him really.
As we all know, when a case such as this goes to trial, the evidence brought before the courts is all hindsight. Lawyers, Prosecutors, and Judges reconstruct events after the fact; in hindsight. Everything they are dealing with is the aftermath of a murder; all of it is hindsight, things already done. They must piece together the puzzle of the crime scene, question witnesses, and determine facts. Are these not all things done in hindsight? Mr. Oppal is making excuses.
I think what every citizen of Canada is looking for right now is accountability. We want for our Judiciary to see, and admit that there is a huge crack in our Criminal Justice System. We are asking for them to cease covering up the truth, and begin to fix the problems, as they are escalating out of control.
If someone would just admit to making a wrong decision here, then perhaps this would begin a new transition for the Criminal Justice System. Rather than puffing their chests up in righteous indignation at being questioned on decisions like this one, the judicial “old boys network” should strive for truth and transparency. Government has learned the folly of this type of thinking, the judiciary must evolve also.
Things must be done differently to avoid this tragedy from destroying another family. This is not the first time something like this has happened; it’s just that it’s amplified by the loss of innocent young victims. F.A.C.T. has many families whose child or loved ones have been murdered by offenders released on bail. The Lee case in Victoria is strikingly similar. Here again, a suspect with a history of unstable behavior and violence is bailed by a Judge ignoring police protests….. How many more must there be?
Sandra Martins-Toner
Executive Director F.A.C.T.
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The Murderers Among Us
Violent offenders in Minimum-Security institutions
Two violent offenders have walked right out of minimum-security institutions in British Columbia within a two week span. Convicted murderer Ralph Morris, and dangerous offender Blane MacDougal were being housed in these institutions, and the public wants to know why? What are the Criminal Justice System and Correctional Services Canada going to do to ensure the safety of Canadian Citizens? What is our Government going to do ensure that this does not happen again?
Stockwell Day has now stated that “current risk-assessment policies, related to the security classification of offenders, will be reviewed in order to ensure the public safety is fully protected.” There is a saying that applies quite nicely to Mr. Day’s comment, and that is “too little too late!” This should not have happened, nor should these violent offenders have been housed in such a facility. I think that those who made the conscious decision to place these criminals into these institutions should be held accountable for any victims who might happen to fall prey to these offenders.
We continue to see a pattern of this sort of judicial blunder, and it is the victims/families that pay the price in the end. We are doled the life sentences for the crime they have committed on our loved ones, not the perpetrator.
Why on earth would anyone with a reasonable amount of education place such high risk offenders in a minimum-security institution? Canadians want to know, we have a right to ask, why it is the Government, and our Criminal Justice System continually fails us? Those of us who have already lost a child or a loved one to these prolific offenders want to know why you release these people out on bail, allow them the “right” to statutory release (parole) and place them into facilities that do not reflect their criminal behaviour?
For too long now we have placed so much effort into rehabilitation and trying to facilitate all the needs of the criminals. We need to start looking at how we can help the victims/families. I think a great start would be to build more prisons to house these monsters. I for one would feel much safer knowing they were locked away in a facility they couldn’t walk out of. Why is there such hesitation to place anyone behind bars for an appropriate amount of time? While the U.S. has been busy building “Super Max” prisons to house its violent and serial offenders, Canada has been busy been knocking down our maximum security pens to build condos.
Residents of the areas where these two offenders escaped should be worried for their safety. Law abiding citizens must now turn their homes into fortresses in order to ensure their personal safety, all this because our Government refuses to put serious offenders away in serious prisons. Regardless of the voluntary return of one escapee to the minimum-security institution, it shouldn’t have happened in the first place.
Sandra Martins-Toner
Executive Director F.A.C.T.
Families Against Crime & Trauma
sandra@familiesagainstcrime.org
Sranding at Matthew's Grave side
