The Other World of Canadian Court Systems
This past week I have been rocked again with the situation in our court system. Again most people have few clues as to how the legal system deals with the crimes that are being judged in our country. For the most part “John Q. and his wife Jane Public” have no idea – nor will they ever know – how court is conducted.
Now when I use the word “court” most people will equate it to what happens inside the actual court room. They will now some things about “court” from favorite court TV Programs…ranging from Perry Mason re-runs to the more modern Judge Judy, Judge George or whoever. Or in recent years with the Media Circus type of court cases such as Conrad Black in Chicago. What his case has to do with anyone in Canada is so remote it is not funny. Other than the fact that all of us have bought one or more of his Newspapers, for years, to read of other court cases – it is not part of our lives.
If the words Conrad Black or O.J. Simpson are placed in the context of a discussion of court, the average person feels that they know what court is all about.
I want to shout this statement loud a clear… “Court is not entertainment!” Court is a whole lot more than that. Let me explain…
Let’s go to court...
Court begins the minute you get out of bed on the day of your court session. Whether you are the one being charged or the one that is a victim – you will begin early. Depending on your area of the country most courts have a start time when the doors will open for business – let say 9:30 AM – which was the case for the court sessions we had this week. ‘What will you wear?’ is a good start too.
In my focus case everyone got up early. One potential player in the court case I was attending had to get up at about 5:00 AM and then leave Toronto to travel to Peterborough – two hours away. His grandson was to make an appearance that day. His grandson is in jail now. Grandpa is 85 years old and drives the whole distance each way himself.
Outside the Court House – Parking for cars is at a premium and the “meter readers” regularly swarm the parking meters to give out fines. Who in the world is concentrating on how much money is in the meter when their son is going to be placed in jail for a long time? Fortunately for some of the moms with kids and strollers… they all came in the different Taxis that play on the miserable.
Grandpa’s grandson had to travel 45 minutes from the jail (Lindsay, Ont.) he is being held in to the court house in our city. That meant that he had to leave the jail by police escort by around 8:30 AM. But before that happened he had to be up and checked through the handlers at the “shipping and receiving” area of the jail – where he is stripped of his orange jump suit jail clothes – and given his “street clothes” no matter how dirty they are to wear into court. He had to be out of his cell by about 7:00 AM – likely without food… which because of the tension and anger he would not likely eat anyway. Being that he is not the only one that is being transported that day they would all have to get up at about 5:00 AM also to be cleared from the “shipping and receiving” area (not its real name).
The family members and those that are interested/concerned with justice being done would have to be there by 9:30 AM as well.
On Thursday many families were involved in many cases and the children were everywhere in the hallways… along with their moms and grandmoms and aunties and women that lived next door to where crimes were committed. The hallway is strained with many bodies and not as many chairs as are needed to wait it out. People sit knee to knee facing each other with about four feet across the hallway. Everyone waits here – accused(not jailed) and those that have been harmed by the accused. The families of the jailed accused mingle with the family and supporters of the abused/victims. They use the same washroom with its three stalls and two sinks – one for men and one for women.
Now 9:30 AM is the time the doors of the individual courts open – it is not the time that the case you are waiting for will come up. That could be 11:45 AM – or 2:45 PM – or was that 10:15 AM – or whenever the lawyer shows up with the goodies he has under his arms and in the large black brief case at his side. Lawyers buzz in and out of the court room through different doors – like worker bees in a bee hive. Random and without reason – but great purpose to make their next buck off the “flowers” that sit in the hallways and in the cells below. Some will pay for the parking tickets that they are getting outside on their BMWs and Dodge Vipers.
In the case that I waited and prayed for – it took 7 hours the first day and 5 hours the second day. On both days we saw the accused grandson stand before the judge in the “box” for five minutes. And it is not over. The next potential Bail Hearing will be on Tuesday of next week – where in all likelihood the grandson will not be granted bail at all with no one willing or able to post “the surety” that he needs. In order to be eligible they must put up about $10,000 that could be lost if the grandson does something stupid or fails to appear when required. The grandson also has to live with “the surety”.
The actual offense will not be dealt with until the middle of July if he stays in jail… and not until four to six months if he gets bail. In the meantime he has lost his job, his family and contact with his wife and child… they cannot even visit him no matter how much forgiveness they feel or want. This is the law and it will not be transgressed.
Add to that the Children’s Aid Society – CAS (which has now been involved in this case) and there are whole new set or rules. They are stating that “he” will not see his wife and child for more than a year.
Now Back to Court…
Every person in the hallway is involved in similar situations to the one described. There is tension in the hallway so thick you can cut it with a knife. Add to that hungry children and fussy children that had to get up to early and moms that are poorly dressed and grandmoms that haven’t slept well… you can easily say that it is chaos at a low level. Stir into this mixture with unformed police officers and court officials and court staff and lawyers of all shapes and sizes… and the chaos rises. Now have half the hallway audience not know when their turn is to go in next or what to do… it is frightening. Confusion is on a number of faces. Anguish is plastered on others. Contempt is written on others as they have been here many times and they know the ropes well. Court Officers greet some young people by first names as they have been here so often.
One young man grinned as the adult man greeted him. The young man was likely about 16 or 17 years old with a cool hat on at weird angle. He stood beside the baby stroller with the young mom wearing the revealing top. When the adult man, a court officer, asked how he was doing he smiled broadly with a toothless grin and said, “This is my new son…” and never mentioned the “Mrs”.
Sitting beside me was a broken woman. Her life had so many scars on it that it would be not possible to share all of them. She talked with me as we sat side by side.
I had noticed earlier that her two kids, an 8 year old boy and 7 year old daughter, were being guarded by a police officer that I know. They were being lead through this busy hallway by two ‘victim’s services’ ladies so that no contact was made by their daddy’s family or by their daddy. Each time the little kids came from the court room their eyes were red and swollen – and cheeks were wet. They had been telling the tragic story again to a court room full of supporters for their daddy, along with the judge and court people.
The mom’s husky voice described the scene behind the scene. When her 8 year old son had to go to the toilet, she had to check the men’s bathroom for anyone that might be inside. If daddy’s brothers were inside he couldn’t go inside as they might threaten him and mess up his small testimony. Remember there is only one men’s washroom.
There is no room for the kids to wait in either. Because dad was being hugged and cared for by his total family support – the children that he had fathered and hurt so terribly had to sit in the Crown Prosecutor’s office and color the pictures on his desk. They sat on their knees at the big people’s chairs to get their coloring done – climbing down once in a while to get the crayons they had dropped.
Mom’s husky voice broke as she talked about her pain for her kids.
Why…?
In almost every situation I see in the hallways at court there was one main problem. That problem is horrible – it is ANGER. Couples that hate each other’s guts and dealt with it in horrific ways the nights and months before… in some cases over a very long relationship – now face off with their hatred to get at each other. Then they became ‘Parents’ and messed up their kids life.
When I fast forward the lives of these small children 10 to 15 years from now – I ask the question of myself – ‘Will they be parents by then and struggling to fight out awkward legal battles with other ‘child parents’ too?’
The sadness that I feel as I witness what ANGER can do – is simply overwhelming. Mixing that anger into impossible court hallways is simply stupid!
Today and tomorrow – Saturday & Sunday – I need a great baptism of love. I need to have huge waves of love sweep over me to wash away the pain that I feel.
So if you think that I am too religious when I say I need God’s help… that’s too bad. I have learned that I cannot do it myself. I need him.
Finally…
Say …. If you are interested… I would love to have you come to court with me sometime. Of if you are not near where I live – I ask you to go and take a look for yourself.
And if perchance you are ever designing a new court house – call me – I have some really great ideas to make some huge differences.
~ Pastor Murray Lincoln ~
Now when I use the word “court” most people will equate it to what happens inside the actual court room. They will now some things about “court” from favorite court TV Programs…ranging from Perry Mason re-runs to the more modern Judge Judy, Judge George or whoever. Or in recent years with the Media Circus type of court cases such as Conrad Black in Chicago. What his case has to do with anyone in Canada is so remote it is not funny. Other than the fact that all of us have bought one or more of his Newspapers, for years, to read of other court cases – it is not part of our lives.
If the words Conrad Black or O.J. Simpson are placed in the context of a discussion of court, the average person feels that they know what court is all about.
I want to shout this statement loud a clear… “Court is not entertainment!” Court is a whole lot more than that. Let me explain…
Let’s go to court...
Court begins the minute you get out of bed on the day of your court session. Whether you are the one being charged or the one that is a victim – you will begin early. Depending on your area of the country most courts have a start time when the doors will open for business – let say 9:30 AM – which was the case for the court sessions we had this week. ‘What will you wear?’ is a good start too.
In my focus case everyone got up early. One potential player in the court case I was attending had to get up at about 5:00 AM and then leave Toronto to travel to Peterborough – two hours away. His grandson was to make an appearance that day. His grandson is in jail now. Grandpa is 85 years old and drives the whole distance each way himself.
Outside the Court House – Parking for cars is at a premium and the “meter readers” regularly swarm the parking meters to give out fines. Who in the world is concentrating on how much money is in the meter when their son is going to be placed in jail for a long time? Fortunately for some of the moms with kids and strollers… they all came in the different Taxis that play on the miserable.
Grandpa’s grandson had to travel 45 minutes from the jail (Lindsay, Ont.) he is being held in to the court house in our city. That meant that he had to leave the jail by police escort by around 8:30 AM. But before that happened he had to be up and checked through the handlers at the “shipping and receiving” area of the jail – where he is stripped of his orange jump suit jail clothes – and given his “street clothes” no matter how dirty they are to wear into court. He had to be out of his cell by about 7:00 AM – likely without food… which because of the tension and anger he would not likely eat anyway. Being that he is not the only one that is being transported that day they would all have to get up at about 5:00 AM also to be cleared from the “shipping and receiving” area (not its real name).
The family members and those that are interested/concerned with justice being done would have to be there by 9:30 AM as well.
On Thursday many families were involved in many cases and the children were everywhere in the hallways… along with their moms and grandmoms and aunties and women that lived next door to where crimes were committed. The hallway is strained with many bodies and not as many chairs as are needed to wait it out. People sit knee to knee facing each other with about four feet across the hallway. Everyone waits here – accused(not jailed) and those that have been harmed by the accused. The families of the jailed accused mingle with the family and supporters of the abused/victims. They use the same washroom with its three stalls and two sinks – one for men and one for women.
Now 9:30 AM is the time the doors of the individual courts open – it is not the time that the case you are waiting for will come up. That could be 11:45 AM – or 2:45 PM – or was that 10:15 AM – or whenever the lawyer shows up with the goodies he has under his arms and in the large black brief case at his side. Lawyers buzz in and out of the court room through different doors – like worker bees in a bee hive. Random and without reason – but great purpose to make their next buck off the “flowers” that sit in the hallways and in the cells below. Some will pay for the parking tickets that they are getting outside on their BMWs and Dodge Vipers.
In the case that I waited and prayed for – it took 7 hours the first day and 5 hours the second day. On both days we saw the accused grandson stand before the judge in the “box” for five minutes. And it is not over. The next potential Bail Hearing will be on Tuesday of next week – where in all likelihood the grandson will not be granted bail at all with no one willing or able to post “the surety” that he needs. In order to be eligible they must put up about $10,000 that could be lost if the grandson does something stupid or fails to appear when required. The grandson also has to live with “the surety”.
The actual offense will not be dealt with until the middle of July if he stays in jail… and not until four to six months if he gets bail. In the meantime he has lost his job, his family and contact with his wife and child… they cannot even visit him no matter how much forgiveness they feel or want. This is the law and it will not be transgressed.
Add to that the Children’s Aid Society – CAS (which has now been involved in this case) and there are whole new set or rules. They are stating that “he” will not see his wife and child for more than a year.
Now Back to Court…
Every person in the hallway is involved in similar situations to the one described. There is tension in the hallway so thick you can cut it with a knife. Add to that hungry children and fussy children that had to get up to early and moms that are poorly dressed and grandmoms that haven’t slept well… you can easily say that it is chaos at a low level. Stir into this mixture with unformed police officers and court officials and court staff and lawyers of all shapes and sizes… and the chaos rises. Now have half the hallway audience not know when their turn is to go in next or what to do… it is frightening. Confusion is on a number of faces. Anguish is plastered on others. Contempt is written on others as they have been here many times and they know the ropes well. Court Officers greet some young people by first names as they have been here so often.
One young man grinned as the adult man greeted him. The young man was likely about 16 or 17 years old with a cool hat on at weird angle. He stood beside the baby stroller with the young mom wearing the revealing top. When the adult man, a court officer, asked how he was doing he smiled broadly with a toothless grin and said, “This is my new son…” and never mentioned the “Mrs”.
Sitting beside me was a broken woman. Her life had so many scars on it that it would be not possible to share all of them. She talked with me as we sat side by side.
I had noticed earlier that her two kids, an 8 year old boy and 7 year old daughter, were being guarded by a police officer that I know. They were being lead through this busy hallway by two ‘victim’s services’ ladies so that no contact was made by their daddy’s family or by their daddy. Each time the little kids came from the court room their eyes were red and swollen – and cheeks were wet. They had been telling the tragic story again to a court room full of supporters for their daddy, along with the judge and court people.
The mom’s husky voice described the scene behind the scene. When her 8 year old son had to go to the toilet, she had to check the men’s bathroom for anyone that might be inside. If daddy’s brothers were inside he couldn’t go inside as they might threaten him and mess up his small testimony. Remember there is only one men’s washroom.
There is no room for the kids to wait in either. Because dad was being hugged and cared for by his total family support – the children that he had fathered and hurt so terribly had to sit in the Crown Prosecutor’s office and color the pictures on his desk. They sat on their knees at the big people’s chairs to get their coloring done – climbing down once in a while to get the crayons they had dropped.
Mom’s husky voice broke as she talked about her pain for her kids.
Why…?
In almost every situation I see in the hallways at court there was one main problem. That problem is horrible – it is ANGER. Couples that hate each other’s guts and dealt with it in horrific ways the nights and months before… in some cases over a very long relationship – now face off with their hatred to get at each other. Then they became ‘Parents’ and messed up their kids life.
When I fast forward the lives of these small children 10 to 15 years from now – I ask the question of myself – ‘Will they be parents by then and struggling to fight out awkward legal battles with other ‘child parents’ too?’
The sadness that I feel as I witness what ANGER can do – is simply overwhelming. Mixing that anger into impossible court hallways is simply stupid!
Today and tomorrow – Saturday & Sunday – I need a great baptism of love. I need to have huge waves of love sweep over me to wash away the pain that I feel.
So if you think that I am too religious when I say I need God’s help… that’s too bad. I have learned that I cannot do it myself. I need him.
Finally…
Say …. If you are interested… I would love to have you come to court with me sometime. Of if you are not near where I live – I ask you to go and take a look for yourself.
And if perchance you are ever designing a new court house – call me – I have some really great ideas to make some huge differences.
~ Pastor Murray Lincoln ~
posted by Murray Lincoln at
Saturday, June 30, 2007
1 Comments:
The entire court experience is almost inhuman; I had an unfortunate encounter of witnessing a brutal crime and received a subpoena to testify. It was horrible, I was scared; I can’t imagine what it must be like for the people actually involved. I hope and pray that I never have to find out.
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Anonymous, at 10:16 AM
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