The Third Filed Trip - Provincial Court (6 March 2008)

                                                                       Crown Counsel Ms.

It is Ms. Jacinta Hawton - a Crown Counsel - who meets us Main street students in the reception room. Usually people work for law systems are serious, diplomatic and conservative in public speech, however; Mr. Hawton possesses unique personalities and is an energetic, sympathetic, and very direct lady.

Ms. Jacinta was happy be asked questions from students. She told us that to be a lawyer was one of her dreams when she was young.  She also found of being an actress, a nun (I think that was a joke, or maybe true as kids always have various interesting plans for their future.). Nevertheless, she thought a good lawyer should also be a good actor/actress.  She talked about the importance of human rights, which we are studying right now in the class. She mentioned that US used to be protecting individuals’ human rights, unfortunately, not now. The most impressive quote from Ms.Jacinta was that Judges/courts should separate the bad from sad people.

I did not have any chance to ask Ms. Jacinta any question due to the time- limitation. Personally I like Ms.Jacinta’s personalities of active, compassion and justness and fully agree with her comments towards US policy, and especially “separating bad from sad.” There are so many criminals in Vancouver where is the most suitable city for living.  But, considering the circumstance of those offenders, the rehabilitation policy is more needed than retribution as a certain percentage of crimes are caused by the miserable lives the criminals have had.

Court Visit One
R. v. Various Criminals
Rm. 101
Show Cause Hearing
30 Minutes

This was a show cause hearing, during which the judge hearing in which the Crown or the accused has to convince the judge either to detain or release the accused before trail. The procedure is faster than the trial. During 30 minutes I stayed there, the judge had gone through three accused.

The first one was accused something by Crown, but I did not catch up the content. I only heard the judge said that he would release him after asking the accused several questions. The accused was anxiety at first and immediately looked released when the judge made the decision.

The second one was accused of thievery. He was found to steal shampoo and a package of razor in London Drug. Then he went to a liquid store to steal some wine. After that, he was back to London Drug again and pick up a jaket without paying for it. He was caught in a store located in Kingsway street when stealing a chocolate bar. The defendant lawyer claimed that his client was a mental patient and lived in the street (Homeless); moreover, he was a drug user. The lawyer asked for the last chance to his client and made a plea of being “no guilty”.  The judge said considering that the healthy issue of the accused, he would give a verdict (or trail? I am not sure)on 17 March. But the accused had to stay in jail before next court.

The third one was a girl who looked pail, thin, dirty, nerves and restless with her month open all the time when standing there. She was accused of sexual trading.  May be she was doing in the public. But I did not catch the judge’s decision.

The first lawyer spoke in an apathetic tone. It was so hard for the audience to hear what he was saying. I doubt if he was willing to be a lawyer or not, or willing to be this client lawyer or not. It reminded me of Ms.Jacinta’s saying that “a good lawyer should be a good actor/actress.”  It is true. How cans an apathetic speech to persuade judge? 

Court Visit Two
R. v. Menzies
Rm. 306
Case: Drug trafficking
30 minutes

Menzies was accused of two crimes: one was to possess drugs and the other was to trafficking drugs.
Crown gave the evidences that Menzies was found to posses drugs and to sell drugs, because of his excessive possession of drugs which is much more than one person used. Apart from the drugs, he also had 1700 CAD which were all 10 dollar’s bill when he was caught. It was the clear evidence of trafficking. Crown suggested to give the accused a long sentence around 4 months.

The defendant lawyer denied his client to sell drugs. Under the lawyer’s indication, the accused had plea guilty for possession of drugs. The accused also claimed that the big sum of money of 10 dollars bill was given by his relative or friend, I was not clear. The lawyer required short term of sentence around one month. Because the accused had already stayed in Jail for 21 days, the rest of the days should be less than 14 days.

Finally the judge gave a sentence only for 21 days. As the accused had stayed in Jail for 21 days, he then was released!

I was surprised by the defendant’s lawyer’s articulate skill. I think a good lawyer should not only consider the benefit of his client, but also should consider the peace rights of thebsociety. A good lawyer should be Jesuitical to the right and wrong, not only keen on his business income.

 I have a suggestion to government to deal with those posses drug and sell drug, that is to give all them asentence for two year and let them live comfortably in a remote island during their sentence. Meanwhile tutoring them to find hobby and receive education for living skill. After two years, I am sure it works better than the mercy policy

Court Visit Three
R. v. Various
Rm. 303
Case: Drug Treatment
30 minutes

It was a drug treatment court. The accused ones were asked to reply crown’s query about their absence to drug treatment. One was to request going back regular treatment himself.

Those people were all drug users and must go to treatment center (name wrong?) two hours every day. But some of them, for example, a woman only went to there 6 hours in one year. Though she claimed that she was sick, but it was not a good excuse.  Judge warned her that if she continued her absence to treatment, she would be put into Jail. Then the woman promised of participant.

A man sat in the seat was to ask for attending drug treatment. The judge told him to contact with some person for the plan. He looked extreme pail and gray, but I an happy for him to seek for treatment. She is young still, he has long way to go. He also has a nice family cared about his plan. The love is most useful medicine.

In this court, the judge acted more like a doctor who gave patients prescription and useful advice. But does it work and get improvement? I doubt about it.  I guess most of those people have mental problems, especially depression that is an obstinate sickness and connect with their background, history and education. If they can also receive that treatment, they might change their attitude towards their lives. May be the best way is to send then to an island as well.