Remember this great moment in race-based justice the next time a drunk annihilates a family on a provincial highway, and the cry goes up (again) for "stiffer sentences".
A Saskatchewan man whose two young daughters froze to death after he drunkenly dragged them outside on a frigid winter night last year will face an aboriginal sentencing circle, a judge ruled Wednesday.Christopher Pauchay's lawyer had asked that his client's punishment for criminal negligence causing death be considered by a sentencing circle rather than a single judge.
"I have concluded that a sentencing circle is appropriate in these circumstances," said Judge Barry Morgan in a decision Wednesday, noting the sentencing circle hearing will be open to the public.
Because alcoholism is a disease! Except when you drive.
(Now remember - demanding equal justice for dead little aboriginal girls makes you a racist!)
Restorative Justice Trivia: Christopher Pauchay has 51 priors.
Well, all I have to say is ........... (This space blank by order of the CHRC, OHRC, etc.)
And another thing, .......... !
The only faint hope in this case is that final judgment is in the hands of the judge himself. He can throw out the verdict of the "sentencing circle" if he deems it too low or too high.
Still, if I (as a white Anglo) was in this position and my two children had frozen as a result of my negligence, a sentencing circle would not be an option.
This decision sure tells me just how much respect our so called justice system has for the lives of two young girls.
What has happened to our alleged civilized society?
The community of Yellow Quill Reserve should be the entity sent before the sentencing circle!. Once more we are to believe that the lives of these two children have no value because their parents are aboriginal, please!!. It is a fact that the Canadian native population is over-represented in the prison system. Because of this fact we are to feel shame and give this fella a mulligan? Where was the community of Yellow Quill and their elders? Did these people not teach their children that -40 is as deadly now as it was in the time before time of the white people?
I am OK with a sentencing circle as long as:
1) it is held outside in -40C
2) that SOB is made to sit naked on a block of granite
3) it lasts more than a day (continuous)
4) the judge is right beside him
5) if the SOB survives, we repeat the process every day until he doesn't!
6) same for the judge!
Then I am OK with this!
Who are the members of the "sentencing circle"? Are they from different Reserves, or are they from Yellow Quill?
In small towns anywhere, half the people are related to each other, by marriage or blood, so, if the victim is to receive justice, his sentencing circle must consist of disinterested parties, NOT friends and relatives.
Maybe this will set a new precedent, and soon all Canadians can choose their jury, "let's see now, Uncle Fred, Aunt Marcia, my cousin Ralph..."
I have a sentencing circle for Christopher Pauchay. It's made of rope.
At least when a member of the Millbrook Reserve near Truro was convicted of murdering his grand mother over a few bucks, the reserve told the judge where to head in when he suggested a sentencing circle as a possibility. The general feeling was lock him up and forget about the little punk.
I'm certainly down with this jerk being made an example of for his responsibility for the death of these two children.
But two things:
(1) I don't see anywhere in the article that the decision to use a sentencing circle had anything to do with cutting the guy slack based on alcoholism - if anything, it's cultural backround, or race, it seems to me, that was used as the determinant (and that's bad, too, but just be clear on what the logic seems to be). If there are other links that suggest that this decision has something to do with alcohol, could somebody post them?
(2) The article says that the sentencing circle can be overridden by a judge. IANAL, so I don't know how often sentencing circles are overridden, but I'm guessing that anything that was disproportionately lenient would be quashed by any judge worth his or her salt. Do any lawyers here have a better handle on this than me?
"Mr. Pauchay later told nurses and RCMP officers one of the children had been hurt and he panicked and tried to get to his brother-in-law's house for help."
/Nodding head slowly up and down while I hold a feather from a freshly killed protected species/
So now don't you all feel bad, he froze two naked babies to death for their own good.
Like read a history book, Indians were here first and they are naturally endowed with meritous traits that we can never understand due to our race.
This is why their race does not have to live in the corrupt disgusting whitemans world, unless, of course, they want to get a free university education or decide to move voluntarily into illegal smokes, booze, gambling, arms dealing, drug running, poaching, squatting, smuggling, government certified race pimping or cheque cashing.
He's an Indigenous Persons, hero.
PS
CHRC eats it.
Now if the sentencing circle members were to have 12ga shotguns then I'd approve.
The circle stuff is just another version of the "race card". Maybe I'm too idealistic but I still believe there should be one law for all... period. Get rid of the hyphen.
Well, if you only read what Kate has posted, this sounds horrible, but as mentioned above, the judge can overrule. That is mentioned in the article Kate linked.
What isn't mentioned is that the crown is recommending 2-6 years or something like that, iirc. And the crown argued against the sentencing circle because the crime was too severe for such measures.
The natives can come out of this looking good by recommending sentencing that is tougher than what the crown recommended.
I can see a place for sentencing "circles".
That place would be limited to misdemeanor type offenses, for offenders under the age of 16, and be open to all communities.
Otherwise, they're an affront to the concept of equal justice for all.
The sentencing circle holds the convicted accountable to the tribe/community but not to all Canadians. I would support a sentencing circle as an additional form of punishment/rehabilitation but not as a substitute. The convicted person should be held accountable to the whole community, not just a segregated group based on race.
This method could be applied fairly to all people who would like to have additional penance paid towards the community of their choice.
Overrule? He shouldn't overrule. He should supplement. If this fellow has broken both the nation's laws and the tribe's laws, then he should have to make his way through both systems and serve both sentences.
Cops in Ontario are too busy chasing down the poor schlub who has a glass of wine with dinner and the justice system is too busy releasing jerks who party on a Sunday night and then come home early Monday morning driving west in the east-bound lanes to be bothered with this stuff.
I love that WK and Co. are more outraged at me for making a joke about smallpox blankets, which DIDN'T ACTUALLY EXIST...
Than they are at this good for nothing, parasitical PIG for _killing his two little kids_.
Moral posturing: what liberals do instead of cultivating sound priorities and a sense perspective.
I repeat:
Sad.
"Because alocoholism is a disease!Except when you drive."
I'm not supporting drinking and driving but IMO the fix is in. If you omit all of the designated drivers and people who are going to catch a cab home from the bar/club you are still left with at least 80% of the vehicles in the bar/club parking lot. It's a crap-shoot for people who frequent bars/clubs. Half the people leave in their cars drunk, and you have a 1 in 100 chance of not getting busted. It's a bunch of BS, something has got to give. Bars/pubs should not be allowed to exist; or, the rules about drinking and driving must change.
It seems to me most drunk drivers who have hurt someone didn't plan on doing so. We can split hairs and argue about that, but my point is the intent is quite a bit different from someone who commits a violent crime, yet the drunk driver is often ostracized and punished worse than the violent offender. At worst, the drunk drivers intent is analogous to someone who takes their kids outside naked in a Saskatchewan winter storm; yet, the drunk driver would never have the same excuses made for them.
Once again, I am not condoning drinking and driving, I am just saying that the people convicted of this are treated unfairly compared to other criminals.
Kathy, the definition of a Liberal is a moral posturer, a social justice wannbe poser.
No surprise Liberals feel obligated to protect the guilty and minimize the murder of two innocent children. It is in the Liberal DNA to find mistaken "root causes" that can be used to satisfy the cognitive dissonance that is the foundation of their misplaced morality and misguided political philosophy.
opps
*and you have a 1 in 100 chance of not getting busted.*
Should say: and you have a 1 in 100 chance of getting busted.
Let them have their circle jerk when the visit that scumbag in jail.
I find it interesting that the mother was not around that night, she was drunk at another house. She was also pregnant. This new child of theirs would have a severe case of fetal alcohol syndrome. No one has mentioned this. These people care less about their children and the only regret that they have is they have 2 less welfare checks they can collect from Kaydence and Santana.
"No surprise Liberals feel obligated to protect the guilty and minimize the murder of two innocent children. It is in the Liberal DNA to find mistaken "root causes" that can be used to satisfy the cognitive dissonance that is the foundation of their misplaced morality and misguided political philosophy."
Not if you are a cracker! If you are a cracker you are the root cause for EVERYONE ELES'S CHOICES.
There is no way English Canada could get away with this!
"Radio-Canada and the producers of the French-language broadcaster's popular New Year's Eve special are defending the show amid allegations that certain skits were insulting and racist."
http://www.cbc.ca/arts/story/2009/01/06/mtl-bye-bye-controversy-0601.html
If Christopher Pauchay "has 51 priors" and that's referring to prior DUI's, then, it's pretty safe to assume he's probably never driven sober for God's sake.
Here's a real test for squeamish mutli-culti liberal hypocrits, how about having him on the road in front of your kid's school on a daily basis rather than on the rez?
Punting his pickled corpse back to a sewing circle on the rez is as chaep and easy as it gets to wash your white hands of the messy inconvenience of this alcoholic Indian menace.
It seems there have been
hundreds of sentencing circles in Saskatchewan alone during the last 15 years. I can’t find any that involved a crime as serious as the one in question. The restorative justice notion of healing the community, apparently involves the victim in the process. I’m not sure who will speak for the ultimate victims in this case.
In my view there are several issues that need to be faced; two jump to mind:
The first is nicely expressed in this
Thesis which also summarizes several sentencing circle cases.
“It is one thing to hold sentencing circles claiming that they are the answer to rising crime rates and levels of incarceration for Aboriginal peoples. It is another thing to know that they are indeed accomplishing this goal.”
In other words, is this another initiative that allows leftie-multi-cults to pat themselves on the back while actually doing nothing constructive (e.g. gun registry)
The second issue can be encapsulated in one word – Sharia.
Very seriously, with this legitimization of one culture's judicial "custom", albeit with the best of intentions, how is it not an obvious double standard if Muslims are refused the "right" to exercise Sharia law? It's only a matter of time.
Sorry missed a
URL
To clarify my previous comment about Sharia law - I can't see how legally we can allow Healing Circles without being legally obliged by existing human rights legislation to accept Sharia law - God forbid.
Sorry again, missed two URLs
Thesis
So, in Canada:
1] A DUI at a RIDE stop gets you a criminal record, even though no damage or injuries have occurred:
http://www.canadian-lawyers.ca/understand-your-legal-issue/criminal/1022850/
2] A fatal crash through incompetance gets you a few demerit points.
3] Drunkenness is a *mitigating* factor in assault sentencing (note that actual harm has occured).
Can someone tell me if there is some underlying principle to our legal system, or are the laws made up at random?
Wow . . 25 years old and 51 priors . . . at least you can't argue he's been a lazy criminal. He's been criminalizing his ass off.
Hard work should be rewarded.
Hard criminality should be rewarded as well.
Maybe the judge has just decided that it is a case of N H I ? The ultimate soft bigotry of low expectations?
*
another small point, folks... what about the kids who are still alive?
"The rate of deaths from injuries is 3 to 4 times higher for Aboriginal
children than for other children in Canada."
Source: Government of Canada (2002) Healthy Canadians – A
Federal Report on Comparable Health Indicators 2002.
Ottawa: Health Canada.
*
WRT the two little aboriginal girls.
Two tier rights/feminism! I has been demonstrated time and time again that the rights of women who are not white or black(unless you're in Africa) are not the same rights that are given to the aforementioned groups.
I fear for the safety of women in Canada who are Muslim or Aboriginal and living in those communities. They are treated as second class citizens when they are a victim of a crime committed by a man in that same community.
Kate
I agree, a sentencing circle is fine-even better- in a case of a first time offender, 16 yr old bike thief. Let that kid see how stealing my kids bike affected him. And punishment and restitution can be fair instead of precedent set. And there is some possibility of some good coming out of it.
But in this guys case it just reeks.
I don't really care about him at all. His punishment is not even about his little girls anymore.
There has to be consequences to him to protect every other 1 and 3 yr old kids in care of adults on and off first nation reserves.
I will feel remorse should I be accountable for someone's death. That does not let me off the hook.
The sad fact is that it is political suicide for anyone to voice one's opinion of this whole 'native issue', lest ye be branded as racist, biggoted, mean-spirited, go ahead, pick your label.
I lived in a north eastern Alberta town whose main industry was essentially the welfare system. Forget oil and gas, EVERYONE was connected somehow to some form of government job or government handout. Speak up against the system? Yeah right, that very system was providing many a household with a chushy 8:15 to 4:30, try to look busy, cover for me while I leave work early, make-work industry.
I'm surprised that this news item from yesterday slipped under the SDA radar. An interesting tie-in to say the least.
http://mikeoncrime.com/article/13179/northern-manitoba-school-bus-driver-allegedly-drunk-at-time-of-crash
I think we can get this one in under the CHRC Racism Radar (tm):
We imperialist white devils already have a sentencing circle. Its called a "jury".
It didn't slip under the radar. Sometimes I just decide to wait and watch a while before I pick up a story.
I can see a place for sentencing "circles".
That place would be limited to misdemeanor type offenses, for offenders under the age of 16, and be open to all communities.
Otherwise, they're an affront to the concept of equal justice for all.
Agreed. But there is another aspect to this case
that demonstrates an even greater affront to the concept of equal justice for all.
It is time alcohol
is treated as the dangerous drug that it is
and it's ingestion, possession and sale is prohibited.
"It is time alcohol...ingestion, possession and sale is prohibited. "
Didn't somebody already try that?
"It is time alcohol...ingestion, possession and sale is prohibited. "
Instead, how about some safe-ingestion sites?
Damn, this guy is giving us Drunks a bad name.
But, seriously, who in their right mind would take babies out in those conditions ? That ain't being drunk, that's being stupid.
,
All this Judge has really said is all you god dam Indians aren’t worth the time, trouble and expense of a trial. The judge is just as sad a case as the defendant, put the race "sensitive" prick outside in a nighty at 40 below for a night. Obliviously if he had 51 priors there is a bigger problem that was never addressed by our vaunted justice system and the simple servants that are just as cowed by race factor.
In short, the guy was sick and our system worse.
I get more than a little pi$$ed at the bleeding hearts who say "poor guy - he lost his kids - hasn't he suffered enough?" And Potier himself says that he should not be punished - that he has been punished enough and should be forgiven. After all he has lost his kids. Bull Crap! Its like killing your parents then bemoaning the fact that you are now an orphan.
And, what has he done to "heal" (that word is used alot by those who want to gloss this over) himself since the death of his children caused by his drinking? Nothing! He admits that he is still drinking.
Sentencing circle, my ass.
51 priors and he's considered by the community as a great father. Dismantle the Indian Industry NOW!!!
This atrocity highlights several things: there is no unified justice system for all Canadians, that the lives of children don't matter, that Aboriginal people are coddled and patronised by shallow white people who are more than happy to wash their pristine hands of them, that Aborginal people will always be a small people because they cannot rise above injustices real or imagined, that drunken idiot parents are tolerated, that soft-serve racism is the "new" method of sucking up to a minority. All of these things have been said before, I realise, but I am still so fried over this. Lock this irresponsible drunkard away for good. It's what he- and every other loser who kills his children- deserves.
Instead, how about some safe-ingestion sites?
We already have them. They're called bars, restaurants, homes, football stadiums, etc..
"It is time alcohol...ingestion, possession and sale is prohibited. "
Yeppers, once more a call from those who cannot or will not take responsibility for their actions... let the government do it. Next thing you know Philboyd will want donuts outlawed.