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Old 04-23-2020, 01:33 PM   #1
CaptainCrunch
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Default Alberta teen that shot German tourist sentenced and free

https://globalnews.ca/news/6530209/s...0GlobalCalgary


Pretty ridiculous to me, but what do I know. Sentenced to 21 months pretty much released and gets to serve some home sentence.
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Old 04-23-2020, 01:39 PM   #2
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complete joke
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Old 04-23-2020, 01:44 PM   #3
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Judge George Gaschler accepted a joint submission from the Crown and defence for 21 months, which includes a 14-month custodial sentence and an additional seven months of house arrest.

We need more information to understand why the Crown made this joint submission.
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Old 04-23-2020, 01:56 PM   #4
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I ####ing hate this country sometimes.
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Old 04-23-2020, 01:57 PM   #5
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We need more information to understand why the Crown made this joint submission.
$20 on Gladue.
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Old 04-23-2020, 02:08 PM   #6
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Today, that kid and everyone who thinks like him will know, without a doubt, that the value of a human life is going to trial and getting out that very same day.

I do not feel safer.

This is a really bad look for Morley as well. People are going to be afraid of that town, and judge the people living there. This stupid decision just further isolated the people of Stoney Nakoda.
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Old 04-23-2020, 02:12 PM   #7
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No doubt German news will pick up on this too. Bad look for Canada.
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Old 04-23-2020, 02:19 PM   #8
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I'm far from a hang-em high guy. But there comes a point at which rulings are so far removed from popular notions of justice that it starts to undermine public faith in the system.
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Old 04-23-2020, 02:19 PM   #9
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nm

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Old 04-23-2020, 02:22 PM   #10
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I mean, we have all the pieces of information to know exactly why the sentence was what it was.
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Old 04-23-2020, 02:25 PM   #11
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Not sure how more information would make us understand it. Seems pretty clear that it should be, at the very least, manslaughter.
It can't be manslaughter if the victim didn't die, can it?
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Old 04-23-2020, 02:40 PM   #12
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I mean, we have all the pieces of information to know exactly why the sentence was what it was.
There may be a transcript of the joint submission made, or maybe not when the accused was under 18? MBates could probably explain.

I think it is telling that the sentence was a joint submission by Crown and defence. I'm not sure we do have all the relevant information that the Crown had to consider. Certainly R. v. Gladue would be a big factor. The age of the accused. There are other things about the accused I have heard, but it is only hearsay.

Last edited by troutman; 04-23-2020 at 02:42 PM.
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Old 04-23-2020, 02:47 PM   #13
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No doubt German news will pick up on this too. Bad look for Canada.
https://www.cbc.ca/news/canada/calga...gary-1.4906243

Liebrecht said he's been contacted by many tourism agencies in Germany since the incident, inquiring about safety in Alberta.
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Old 04-23-2020, 03:02 PM   #14
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Two quotes from the article linked:

The first is from the defense:
Our client’s history is replete with parental neglect, parental physical and emotional abuse. The family life was devoid of meaningful or consistent structure and a prolonged substance abuse problem.

The second appears to be a summary of the verdict:
He was ordered to live with his father and obtain counselling as required.
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Old 04-23-2020, 03:05 PM   #15
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I honestly believe verdicts like this will make reconciliation impossible. If a native person can shoot someone in the head and ruin their life, and walk out of the courtroom a free man after a guilty verdict, the levels of resentment that creates in the rest of the population are bound to be significant.

The justice system can't be two tier. It puts the social contract at risk. We need to fix the underlying issues here, but that can't include a shoulder shrug for life altering violent crime.
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Old 04-23-2020, 03:13 PM   #16
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Originally Posted by bizaro86 View Post
Two quotes from the article linked:

The first is from the defense:
Our client’s history is replete with parental neglect, parental physical and emotional abuse. The family life was devoid of meaningful or consistent structure and a prolonged substance abuse problem.

The second appears to be a summary of the verdict:
He was ordered to live with his father and obtain counselling as required.
So....his family was awful and his upbringing was terrible.

He should be sentenced to live with these monsters and they with him.

Its almost admirably cruel and unusual in its own way. It absolutely screws over everyone. The Perpetrator, his family who are being almost accused as accessories and the victim and their family along with relations between Canadians and the Justice System, tourists and Canada, the list could go on.

It somehow manages to successfully anger and alienate everyone while simultaneously delivering no Justice whatsoever.

Its almost poetic.
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Old 04-23-2020, 03:14 PM   #17
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I hope the victim sues the crap out of the AB gov't and wins millions.
Young offender sentences are a pathetic joke in Canada.

Quote:
The younger Stewin said the shooting has turned the family’s life upside down, making his father unemployable.

“He may lose his house and needs to live from the money he has saved over the years,” Daniel said, of his now 62-year-old father.
“He’s had serious suicidal ideations.”

Stewin, who was visiting Canada with family members, was driving on Hwy. 1A west of Calgary on Aug. 2, 2018, when a bullet struck him in the head.
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Old 04-23-2020, 03:21 PM   #18
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Our client’s history is replete with parental neglect, parental physical and emotional abuse. The family life was devoid of meaningful or consistent structure and a prolonged substance abuse problem.
This is true of most people habituated to violent crime. Our movies and TV shows are full of sinister masterminds who carry out crimes for selfish gains. But the sad truth is most violent criminals have low IQs, were neglected as children, and come from an environment rife with substance abuse.

But that doesn't lessen the suffering their crimes produce, or make them less likely to pose a threat to the rest of society.
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Old 04-23-2020, 03:34 PM   #19
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I honestly believe verdicts like this will make reconciliation impossible. If a native person can shoot someone in the head and ruin their life, and walk out of the courtroom a free man after a guilty verdict, the levels of resentment that creates in the rest of the population are bound to be significant.

The justice system can't be two tier. It puts the social contract at risk. We need to fix the underlying issues here, but that can't include a shoulder shrug for life altering violent crime.

Gladue sentencing seeks to take historical conditions affecting indigenous communities into consideration.

On the plus side it:
  • Reduces the disproportionate numbers of indigenous offenders in prison.

On the minus side it:
  • Undermines public faith in the justice system by treating offenders differently based on their cultural origins.

  • Fosters backlash against indigenous reconciliation when high-profile cases of heinous crimes by indigenous offenders are awarded light sentences.

  • Since most victims of indigenous crime are other indigenous people, it has the perverse effect of reducing the severity of criminal sentencing of those who commit violent crimes against indigenous Canadians.

I don't see how the merits of the first list possibly outweigh the downsides of the second. Discarding the principle of universality in criminal justice was folly of the highest order.
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Old 04-23-2020, 03:40 PM   #20
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I honestly believe verdicts like this will make reconciliation impossible. If a native person can shoot someone in the head and ruin their life, and walk out of the courtroom a free man after a guilty verdict, the levels of resentment that creates in the rest of the population are bound to be significant.

The justice system can't be two tier. It puts the social contract at risk. We need to fix the underlying issues here, but that can't include a shoulder shrug for life altering violent crime.
I'd argue it already is, but thats a discussion for another time.


I think being a minor plays a little bit but there also needs to be justice, and a two-tier system will never work.
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