Lyonel Doherty

Times-Chronicle

A man with a lengthy criminal record and propensity for breaching his bail conditions is given bail after allegedly attacking two children in a Kaleden park.Concerning

A man convicted of a horrific sexual assault remains free on bail while waiting for a pre-sentence report. Very concerning

A motorist hits a pedestrian in Penticton and drives off. The pedestrian dies in hospital and the motorist still hasn’t done the right thing by turning himself in. Atrociously concerning

The court dismissing the B.C. government’s injunction application against “gathering” churches that risk spreading COVID-19.  Morally concerning

A 34-year-old Indigenous mother of six freezes to death three days after being released from prison. Her family said they were not notified of her release.  Heart-wrenchingly concerning

A mass murderer is up for parole years after killing an entire family, including two young girls whom he tortured and raped. Astoundingly concerning

An ex-Mountie who shot and killed his common-law wife in 2011 is collecting his full RCMP pension in jail and was awarded half of his late partner’s estate. Oh, and he’s just been granted escorted temporary absences from prison. Unbelievably concerning

We could fill an entire newspaper with these disturbing snippets, but we don’t want to. We could also use our own gavel on the court system, but we don’t want to be held in contempt. Can’t afford it anyway. 

One of my colleagues reminded me that everyone standing before a judge is innocent until proven guilty. 

“It’s not our job or your place to convict,” he said.

Yes, I know that. But why does it appear that offenders always have more rights than their victims? You have to admit it certainly seems that way. But my co-worker disagrees, saying they have no more rights than the victim.

My astute colleague is right when he says it’s not just a failure of the judiciary alone, but a failure of society, business and government.

And the pandemic isn’t helping matters, leaving the bail system in a bad spot due to lack of space and considering COVID protocols.

My friend says it’s not very effective telling judges to give their heads a shake, and it’s not legally prudent to question them either. But I still think their decisions should be publicly scrutinized. 

My colleague adds that the justice system is more complicated than the men and women who sit behind the bench. And taking a strictly incarceration-based view on the law is “cartoonish.” If we are to blame anyone for a broken system, perhaps start with those in charge of policy and the wellness of our communities.

What irks me is that the public has been calling for justice reform for years and we are still seeing many sentences that do not fit the crime.