Sometimes "Real" Justice Feels Really Bad

Criminal law is a field where it is difficult to feel good about, well... much of anything.

Our society is saturated with incidents of alleged criminal behaviour, ranging on a long spectrum from relatively minor infractions by ordinary citizens, to the most disturbing kind of conduct committed by people apparently acting far outside the moral boundaries of everyday society. To our chagrin, we even see law enforcement officials -- police officers -- charged with committing criminal offences. Sometimes, these allegations occur while the officer is actually on duty.

See for example: http://www.calgarysun.com/news/alberta/2010/06/09/14327851.html

As a practitioner in criminal law and indeed as a citizen, I extend my deepest sympathies to the family of the Strathcona teen who was assaulted and seriously injured. Doubtless, the family received little consolation from the trial of a pair of teens charged with assaulting and seriously injuring their teenage son. The two teenagers ultimately plead guilty to reduced charges, "causing a disturbance" and "possession of a weapon dangerous to the public". The more serious assault allegations were withdrawn.

See Calgary Herald: "No Assault Convictions in Swarming Beating of Calgary Teen":

http://www.calgaryherald.com/news/assault+convictions+swarming+beating+Calgary+teen/3153889/story.html?cid=megadrop_story

I extend my deepest regrets to the teen, Blair Palmer, who sustained serious injury as a result of the incident.

What a terrible toll for this young man and his family.

In light of everything that happened, I would understand if the Palmer family blamed the criminal justice system for the outcome -- but I am so impressed they do not.

In the words of Robert Palmer,

"I'm not going to blame the system, the police or the Crown. The system is an awfully easy target . . . If you're going to blame someone, put it squarely on the shoulders of the people who did this and did nothing to stop it. And put it squarely on the shoulders of people who were there and witnessed it and didn't say a word. They know who they are and they have to live with this for the rest of their lives."

Indeed, the system is an easy target, but in this case, not a warranted target.

Doubtless the police and crown did everything to prosecute those it believed responsible for Blair Palmer's injuries. Doubtless, the Crown made a very difficult, yet highly ethical decision to withdraw the more serious allegations based upon the evidence available.

Though this is not a feel good outcome, in our society which prosecutes criminals according to the rule of law and adheres to the presumption of innocence requiring the Crown to present evidence of proof "beyond a reasonable doubt", this was the right outcome. For I firmly believe, if there was better evidence in this case, the Crown would not have made the decision it did.

At the end of days, when there is a reckoning and the fabric of the universe is unspun, perhaps real justice will be served; but for the purpose of our human system, there is no fault in adhering to axioms designed to ensure the propriety of criminal convictions.

That is what the Crown did in this case. That is what police did in this case.

I have always said that in criminal justice it is easy to charge everything; prosecute everything; seek the highest penalty for everything; give the highest penalty for everything; but the mark of courage in our justice system is to evaluate a case in difficult circumstances and apply a truly principled approach.

Sometimes such an approach means not to prosecute at all....



David G. Chow
Calgary Criminal Lawyer
Molle Roulston Chow

www.calgarydefence.com