

Canadian Criminal Code amendment: Addressing miscarriage of justice
Dr Neelam Batra Verma
Canadian Criminal Code: In an attempt to provide justice to those innocents who are found guilty of a crime they did not commit, Canada’s Federal Minister of Justice plans to introduce a bill to amend the Canadian Criminal Code. The aim is to set up an independent commission to review cases where the convicted are innocent but are proven guilty and are spending time in prison.
The main function of the commission would be to not only review but also investigate and then decide the criminal cases that ought to go back to the court for yet another trial. No, the commission will not replace the courts but will give those wrongfully confined, yet another chance at life.
What is the Canadian Criminal Code amendment?
So, what was the need for an amendment in law when there is already a system in place where the wrongfully convicted can seek it? As of now, there exists within the Department of Justice, a Criminal Conviction Group, in which individuals who have exhausted all their avenues can seek justice. Once the group has investigated the case, they then seek the Minister of Justice’s approval to either dismiss or allow the case to proceed further. So instead of the Minister deciding each case on the basis of fact and law, the new proposed law will give that power to the commission.
According to Federal Corrections Services Canada, the percentage of white people in prisons is 53.7%, Indigenous is 26.1%, Black 8.1% and Asians 5.9%. Justice Minister David Lametti, while addressing a news conference expressed regret that most files that he has seen for review come from white people.
He is hoping the change will ensure reviews are accessible to women, Indigenous people and racialized Canadians. “When I look at the files that come to me, I see a clear pattern. The applicants are overwhelmingly white men, and our prison populations do not look like that. This tells me that the system is not as accessible to women or to Indigenous peoples or Black or racialized people who are disproportionately represented in our criminal justice system. We have to change that, some of these files go back decades”, he said.
Miscarriage of Justice review
The new bill that is aimed at creating an independent commission to administer the miscarriage of justice review process will be called David and Joyce Milgaard Law. Who are these people? David Milgaard was just an average guy who was in the wrong place at the wrong time, way back on January 31, 1969. He was just 16 years old then. A nurse, Gail Miller was raped and killed when David and his friends were passing by the area. Two months later, David’s friend went to the police claiming that he had seen David behaving suspiciously on the morning of Gail’s murder and also remembering having seen blood on his clothes, leading him to suspect that his friend committed that murder. Years later, it was divulged that the friend had received a $2000 reward for providing that evidence.
Relief for inmates of “wrongful conviction”
As was common during that time, David and his friends were hallucinogenic drug users. Based on that evidence, David was put behind bars for 23 years while his family refused to believe that he committed that crime. He along with his mother Joyce Milgaard spent decades running from pillar to post trying to prove that it was not him who had committed the crime. He was finally released in 1992 and exonerated in 1997. Larry Fisher was caught and convicted of similar crimes later. In 1980, Larry’s ex-wife had gone to the police trying to tell the police that she suspected her husband, of killing Gail.
Despite the inspector finding that the second story credible, yet did not follow up with a report. According to Innocence Canada, David applied to the Minister of Justice to review his conviction but was turned down. When he applied the second time, the media picked up his story of wrongful conviction and finally the Minister asked the Supreme Court of Canada for its opinion. Eventually, in 1992, the court concluded that a new trial should be ordered and David’s conviction was squashed. It was later concluded that David’s conviction was a result of improper interviews of witnesses.
A new lease of life through the Canadian Criminal Code amendment
Whatever the case, the issue is that this man had to spend most of his adult life in prison. And when he got out, things had changed. People had moved on while his life had frozen in time. In an interview, he said, “Coping with being free after 22 years is hard. When I first came out I was a bit lost. Everything seemed so much faster, everybody was bouncing around. People seemed so busy. People didn’t seem to find time to just be kind of quiet, to take it easy. And I still find it like that, but I do take the time. Sometimes I just go camping and fishing or swimming and find my own time and pace. I hope that as time goes on I’ll feel a bit more comfortable.” Milgaard died of pneumonia last year, without having lived a life he was entitled to.
David Milgaard is just one of the many stories, rotting behind bars, with no avenue to redress or freedom.
Second trial after spending decades in jail
Yet another story that made headlines is of Tomas Yebes. He was found guilty of killing his two adopted sons, on the basis of circumstantial evidence. A fire expert had testified that the fire, which killed the two boys, had been deliberately set. All his friends had rallied around him telling the court that Tomas was a loving dad and a very kind and gentle soul but all pleadings did not register with the jury. Justice Wallace who sentenced him to life in prison with no chance of parole attributed the murders to “domestic problems and discord” that had been going on in his family and speculated Tomas “murdered these young boys and deprived them of their lives, presumably to remove an obstacle or impediment to your domestic happiness. One can only feel revulsion for the senseless deprivation of the lives of these two young men,” he said. Tomas begged the court not to close the case and pleaded he was innocent. Even his ex-wife said that Tomas was not the kind of a person to lay a hand on anyone but she was not called as a witness at trial. He appealed but to no avail as the higher courts upheld the conviction.
Tomas was convicted in 1983 and spent 37 years in jail for a crime he did not commit. It was in 2019 that federal Justice Minister David Lametti, who believed that Tomas should get another trial or appeal, accepted his application for a review. Tomas was finally acquitted of the murders. There are many such stories, which are yet to be told. Will their ordeal ever see the light of day or will they carry them to their graves? How many families have the willpower and resources to see them through as Joyce Milgaard? After all, trying to get your case heard once again in court or filing an appeal, certainly is an expensive affair and not for everyone to pursue. With the new commission, funding would be provided to applicants who need it. According to reports, one out of every twenty people found guilty of a crime is innocent and wrongfully confined.
Canadian Criminal Code amendment likely to be passed in the Canadian parliament
According to Innocence Canada, a group that is trying to highlight such stories, there are at least 90 cases under review and it has helped exonerate at least 24 people since its inception in 1993. The proposed Miscarriage of Justice Review Commission Act or David and Joyce Milgaard’s Law is likely to be passed in Parliament without any issue. After all, no political party or politician would oppose such a bill that is likely to help the innocent or they would be labelled as siding with the criminals and not good for their political careers.
The aim of the new Bill-C40 is to create confidence in the justice system and to give access to those who are wrongfully convicted, another chance to get their time in court, removing all barriers. This would be especially helpful for those who belong to marginalized sections of society like the Indigenous, Black or others. It is high time miscarriage of justice is addressed as quickly as possible to mitigate the impact it has on the convicted and their families. Reforms in the justice system have long been on the table; wheels of justice have finally started to roll. Certainly, everyone needs a second chance in life and the new bill certainly will give hope to not only the innocents but also their families.
Overdose crisis in Canada’s BC – From Criminal Justice to Health care
Dr. Neelam Batra Verma
Overdose crisis: Kylie Walker was just 18 years old when she overdosed along with five other teenagers but she was the one who died, in Victoria, British Columbia.
Carson Crimeni, was 14 years old when he was found by his grandfather on the pavement of a skate park and later died in hospital. As he lay on the ground in apparent distress, videos appeared of Carson’s last moments on social media making it obvious that he deliberately overdosed. His phone was found in a nearby garbage can.
A 16-year-old girl died in a posh Vancouver school, of likely fentanyl overdose. Despite being rushed to the hospital and timely treatment, she died six days later, leaving the students, her family, and the community still wondering what happened. Her family did not want to release her name.
Debbie Porter was 49 years old when she died of an overdose on Vancouver Island. She struggled with drugs and mental illness for most of her life.
Elyse Bailey was 21 when she was found in a stairwell on the Vancouver Downtown Eastside, of an apparent overdose. She was a hockey goalie and passionate about music.
Ryna Norris was 35 when he died of a suspected fentanyl overdose in an East Vancouver apartment while waiting for treatment for depression, anxiety, schizophrenia, and suicidal tendencies.
Jordan Hunter Carhoun was 25 years old when he died after smoking what he thought was heroin but turned out to be fentanyl.
And the story goes on. But you get the point that drugs are consuming bright young lives, age, social status, or education no matter what. It was always believed that most addicts belonged to poor uneducated families and mostly belonged to First Nations.
That myth is now broken.
Addiction beyond races, cultures
Addicts come from all walks of life – they are a school or college students; runaway kids, prostitutes, construction workers, engineers, the depressed, the struggler, the frustrated, the mentally or physically ill, the troubled teen or tween, from a broken or loving family, the loner, maverick or weirdo or conformist or just someone who recently had surgery and was prescribed these drugs for pain. But once treatment is over, their doctors may not prescribe them anymore and the patient will then turn to the drug trafficker to get their fix. Dates, when these deaths occurred, have deliberately been excluded as those do not matter. Those who lost their loved ones were family; for the government, they are rendered mere statistics.
Overdose crises in BC
Between 2016 and 2022, 23,000 Canadians died due to drug toxicity. Latest figures show that in 2022 as many as 2,272 people died of suspected drug toxicity in the Canadian province of British Columbia (BC) alone, which was slightly lower than the 2,306 records set in 2021, reported BC Coroner Service. Total drug overdose death in Canada in 2022 stood at 3,556 in the first six months of the same year, with BC taking the largest share. The first month of 2023 has already seen at least 45 deaths in BC, which means we are losing more than 6 people a day to drug overdose, which is nothing but unacceptable. Dr. Paxton Bach, an addiction medicine specialist in a news conference last week said, “To the families of the 45 individuals who have passed away in the last week alone … to their friends and their colleagues and their communities and loved ones: my heart goes out to you and I’m so sorry that we’re continuing to fail.” Failing we surely are. “I hope that we can sit with that grief and that outrage. I hope that every citizen of the province reflects on this report and feels that outrage and uses that to drive the advocacy that is needed to generate change.” Bach is also the co-medical director of the BC Centre of Substance use.
Legalizing quantities to control overdose crisis
Paxton was speaking at the recently announced decriminalization initiative declaring small amounts of illegal drugs legal for those above 18 years in BC. The question is, will legalizing just 2.5 grams of certain drugs end the drug overdose crisis in the province? BC chief Coroner Lisa Lapointe admitted that this is only a “key first step” but “only one measure of many that are necessary to end this crisis.” She rightly believes that the goal should be to deter people from using drugs.
Public health emergency
A public health emergency was declared back in April 2016 in BC, the year, which saw 994 deaths due to the toxicity of illegal substances. It has taken more than six years to reach the threshold level of legalizing 2.5 grams of certain drugs for personal possession. This amount is almost half the amount requested by the province. For now, decriminalization is a three-year pilot project, which advocates have only described as half-measures. Provincial minister of Mental Health and Addictions Jennifer Whiteside acknowledged “decriminalization of pilot alone will not fix the problem. We know there’s more to do and we won’t stop working until we turn the tide on this crisis.”
Exemption extended by Health Canada
So, what exactly is changing? Starting January 31, 2023, Health Canada granted an exemption to adults from the Controlled Drugs and Substances Act for possessing 2.5 grams of opioids like heroin, morphine, fentanyl, crack and powder cocaine, Methamphetamine, and Ecstasy. No criminal charges will be laid if an adult is found in possession of these and within limits and drugs will not be seized. Instead, they will be offered health and social services, including referrals to local treatment and recovery services.
Local governments have the last say
This exemption does not apply to youth and if found in possession of a combined total of 2.5 grams of illegal drugs or any number of illegal drugs not on the list. Drug trafficking still remains illegal and these substances are not to be sold in stores. If drugs are found in schools, airports and such sensitive locations will be seized and criminal charges will be laid. However, local governments would still have the authority to pass bylaws restricting public substance use.
BC’s fight against toxic drug overdose crisis
What is the need to decriminalize certain drugs? The aim is to intensify BC’s fight against toxic drug crises and to reduce the barrier and stigma that prevents addicts from accessing life-saving support and services. It is also an attempt to divert the issue to public health from criminal justice, as the latter has not drawn results in the province. As of now, people arrested for small possession would go to jail, be bailed out within 24 hours, and then go back to their drugs, whether it is consumption or trafficking. Legal Aid is provided to those who are not able to afford a lawyer so, money to pay the lawyer is never an issue.
Traffickers are used to commit the crimes
It’s a vicious cycle where the traffickers or addicts come and goes through revolving doors a number of times in their lives. Their brush with the law is unlimited as arresting and getting out becomes a part of their lives. The social stigma attached to drug addict result in their family and friends shunning them, further rendering them out into the streets and in isolation; therefore, when they overdose, there is no help around. Downtown Eastside in Vancouver is a case in point where tent city houses these addicts, who not only belong to BC but people from other parts of the country find Vancouver streets welcoming, due to the easy availability of not only drugs but other facilities in the area

Musing: Empty Nester Regrets
Mark Twain in his book “The Mysterious Strangers” wrote “There has never been a just [war], never an honorable one — on the part of the instigator of the war.”
Rightly said, no wars are honourable and no wars are just and all wars are avoidable and can be won with words and language. All this makes for a feel good quote but in a world filled with politics and diplomacy and yearn for power, words are merely so.
At a time when Russia is invading Ukraine, China is preparing to take over Taiwan and Iran is flexing its muscles, the war of words is long over. It’s all about logistics and manpower and about losing and winning. Mere logistics cannot win wars and mere soldiers cannot win battles. Everything goes hand in hand. There can be no win without a loser and while the winners rejoice on their victory, the loser sulks and waits for its next opportunity. But losses cannot be defined and therefore can be physical, emotional and even suffering of existence. Dead or alive? Existing or extinct? Read more

The winners and losers of 1971 India-Pak War
Mark Twain in his book “The Mysterious Strangers” wrote “There has never been a just [war], never an honorable one — on the part of the instigator of the war.”
Rightly said, no wars are honourable and no wars are just and all wars are avoidable and can be won with words and language. All this makes for a feel-good quote but in a world filled with politics and diplomacy and yearn for power, words are merely so.
At a time when Russia is invading Ukraine, China is preparing to take over Taiwan and Iran is flexing its muscles, the war of words is long over. It’s all about logistics and manpower and about losing and winning. Mere logistics cannot win wars and mere soldiers cannot win battles. Everything goes hand in hand. There can be no win without a loser and while the winners rejoice in their victory, the loser sulks and waits for its next opportunity. But losses cannot be defined and therefore can be physical, emotional and even suffering of existence. Dead or alive? Existing or extinct? Read more

Manasvini Hindi Cultural Society turns one
Surrey BC – Manasvini, a literary women’s association in Vancouver Canada celebrated their one year anniversary on Saturday April 23rd at the Newton Cultural Center, Surrey BC. Four eminent women speakers were invited to share about their accomplishments, their struggles in a new country and inspiring journey. A book written by Neelam Batra-Verma, 1971:A War Story based on a true story of the missing 54 Missing Prisoners of War from the 1971 India Pakistan War, was launched on this occasion for the audiences and members of Manasvini. Read more

International Day of Pink
Wearing pink just one day a year does not fulfil your commitment to fight homophobia, transphobia or any other form of bullying. This year April 13 is being celebrated as International Day of Pink (2SLGBTQIA+ awareness) and we invite you on this day, to pledge, reflect and commit to creating awareness about these issues in society which plague us all – in schools, in college campuses, at workplaces, on the streets or even in transit. Read More

Animus approach to living
What can be more amazing than to receive an appreciation letter from the Premier of British Columbia, John Horgan on a life not only well lived but also highly inspirational, passionate and motivational.
“You have proven yourself to be an inspiration to not only your community but to all British Columbians,” affirmed Horgan’s letter to Gian Singh Kotli, a Punjabi scholar, a teacher, a lawyer, a hockey player, a writer, a poet, a hiker, a litterateur, a snowshoer and many other hats that he wears with pride.

A 365 day challenge with mother earth
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