Skip to main content

“I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.” ~~ John G. Diefenbaker

FELDSTED -- When members of minorities have equal access to legal council, they will not fall through the cracks ... and be mistreated by the justice system

Protests sparked by the killing of George Floyd in Minneapolis, MN should be an exercise in awakening and self-examination. The dialogue about systemic discrimination plays against a background drum beat of “black lives matter”. The concept is right, but the background is not. Systemic discrimination affects all people. Our justice system is broken and has been for decades.

It is wrong to claim that systemic discrimination is a policing problem. Police forces reflect the communities they serve. We set the standards and values for our community. We want criminals locked up in prison as long as no prison is built near where we live. That is the type of double standard that results in discrimination.

We have a political and social problem. We are social and tribal animals and then sort ourselves in a pecking order. Think about common terms we use: “Blue collar”, “White Collar”. “Skilled Trades”, “Labourers”, “Bureaucrats”, “Investors”, “Indigenous”, “Indigent”, “Middle Income”, “Working Poor”, “Single Mothers”, “Upper Class”.

These and many more terms designate people and groups of people that we fit into a pecking order. That is where systemic discrimination starts. Different groups have different scales of pecking order. Minority groups have their own biases, prejudices and pecking orders.

If we want to eliminate discrimination, we have to begin by leveling the playing field.

An important element of an impartial justice system is a robust legal aid system available to assist anyone unable to pay legal fees. This is important when someone is accused of a crime. In many cases a lawyer can bargain for a reduced sentence or community service in lieu of a fine or jail time. It is a win-win as the accused avoids a criminal record, and society has avoided the cost of incarceration.

We can make legal council available to everyone irrespective of colour, race, ethnic origin, or any other factor that identifies him or her as a minority. All it takes in political will and money.

The next element is bail. Most people charged with a crime are released on their own recognizance because they owe money on a car and home. They are not a flight risk and can easily be located for proceedings when they commence.

Prosecutors however, often raise a bail issue with people who have less stable living conditions, in particular single males. Unless a family member or friend is willing to sign an undertaking, that person can languish in custody for months, even years.

In most cases the prosecutor does not want the trouble of having to issue a warrant to find the person when a trial is due. That is extremely poor reason to remove a person’s liberty.

A criminal gang member, who can pay for very good legal council is granted bail even if he or she has outstanding charges for previous crimes. That is patently unfair and tells police that they are faced with a “revolving door” or “catch and release” justice system.

Another element is the casual collusion between judges, prosecutors, and defense lawyers. Both civil and criminal cases are remanded on the flimsiest pretexts.

Someone forgot to bring a file, or some paper is missing from documents. The case is put off for 60 days. That is why it takes years to bring a criminal case to trial. There is no standard of competence or sense of urgency. None of them cares that someone may be sitting in the remand centre for months as a result.

Those are key elements that must be addressed if we want to eliminate systemic discrimination.

When members of minorities have equal access to legal council, they will not fall through the cracks and be mistreated by the justice system. Our system is designed to be dispassionate, not to ignore facts and information that can benefit an accused. In a criminal matter, the onus is on the Crown to prove its case beyond a reasonable doubt. Whenever that high standard is not met, the result is discrimination.

I hope the anger, determination and frustration displayed in protests do not evaporate without changes. People have taken the first steps to eliminating discrimination. Our system will not change unless the people protesting keep putting the issues on the federal political doorstep again and again until they act.

Our Prime Minister’s virtue signalling knee drop is a useless gesture. Our criminal code and application thereof are a federal jurisdiction and responsibility.

Repairing our discriminatory justice system is within the power of the federal government. Stop gesturing, and fix it.


John Feldsted ... is a political commentator, consultant, and strategist.  He makes his home in Winnipeg, Manitoba

Comments

Popular posts from this blog

“4.5 million hectares of forest lands have burned since 2023, and the best they can do is point to a 90-hectare block being salvaged?” ~~ Ward Stamer, Kamloops-North Thompson MLA

Today, BC NDP forest Minister Ravi Parmar made this pronouncement; ‘Removing red tape has sped up permitting, allowing for more wood to be salvaged, quicker’. 4.5 million hectares of forest lands have burned since 2023, and the best they can do is point to a 90-hectare block?    ~~ BC Conservative Forests Critic Ward Stamer While acknowledging the NDP government has recognized improvements were needed in permitting and accessing burnt fibre in a timely fashion, the reality is, they are barely making a dent in the problem.  This government's recognition that only seven percent of pulp mill fibre came from burnt timber in 2024-25, quite simply put, is a failure. And the recent announcement, just three weeks ago, that the Crofton Pulp Mill would be permanently closing, is proof of that.     Instead of Premier David Eby’s government addressing core issues being faced by British Columbia’s forest industry, they are doing little more than manipulating the facts, ...

A message from BC Conservative MLA Ward Stamer, and the Kamloops – North Thompson Riding Association

2025 was a busy first year. As a Caucus, we worked very hard to defeat Bills 14 and 15, legislation which allows the provincial government to move ahead without environmental assessments on renewable projects, and that also allows cabinet to build infrastructure projects without getting approval from local municipal governments. This is not acceptable to your BC Conservative caucus, and we will continue to press this government for open and transparent projects in the future.  Two things we had success in were having the first Private Members bill passed in over 40 years. The first was Jody Toors Prenatal and Post Natal Care bill, and then there was my private members Bill M217 Mandatory Dashcams in commercial vehicles (passed second reading unanimously and is heading to Committee in February). Regrettably, much of the legislation passed by the government was little more than housekeeping bills, or opportunities to strengthen the ability of Cabinet Ministers to bypass the BC legi...

Wildfire waste plan torched -- Forestry critic Stamer calls BC's wildfire salvage rate 'a failure'

Claims that BC is making progress salvaging wildfire-damaged timber are masking deeper problems in the forest sector, the province’s forestry critic says. Last week, BC’s Ministry of Forests said mills in the province processed more than one million cubic metres of wildfire chips in 2024-25, up from 500,000 cubic metres in 2023 and representing about seven per cent of all processed wood. Kamloops-North Thompson BC Conservative MLA Ward Stamer said those claims of progress ignore the reality that only a fraction of burned timber is being used ... CLICK HERE for the full story

Labels

Show more