This may be old news now, but it is just as important next week as it is today.
While we rang in the new year and promised ourselves to stick to our resolutions, a young girl was taking in her last hours on Earth. A young girl, who died alone, in a snowbank just down the road from her house. A young girl, who died from a senseless act of violence and deserves every ounce of justice the court system can offer. For those of you, outside of Toronto, Ontario, and Canada who have yet not heard, here is one of many, a brief news story of the incident.
Two Teens Charged In Connection With City's First Murder Of 2008
Wednesday January 2, 2008
CityNews.ca Staff
Two teens, a 17-year-old boy and a 15-year-old girl, have been charged with first-degree murder following the city's first homicide of the year.
The victim, a 14-year-old girl, was pronounced dead in hospital Tuesday night after suffering stab wounds to the abdomen.
Police arrested the 17-year-old suspect shortly before 5am at an apartment block on O'Connor Dr. near St. Clair Ave.
It took police some time to find the victim, who had fallen in a snowbank after running part way down a residential street near Northdale Boulevard and Hollinger Road. The 911 call apparently came in just after 6pm from a person identifying themselves as a friend of the girl, but when paramedics went to the address they couldn't locate her.
It was an off-duty cop who found the victim, but at that point it was too late to save her life.
No names have been released, and police haven't said what relationship, if any, the suspects and victim had. The identities of the accused are protected under the Youth Criminal Justice Act.
It's the second year in a row the city's first murder has occurred on New Year's Day. Residents of the East York neighbourhood were shocked to hear about the death and the age of the victim, who was reportedly the daughter of two Toronto Police workers.
"She's a lovely girl and beautiful girl, and always walked by here and waved and smiled and even spoke to us," recalled neighbour Nancy Greene.
Another area resident, Elizabeth McFarlane, adds, "I just can't believe it. And what's especially shocking is the age of the girl. I'm in shock."
The suspects were due to make an appearance in court Wednesday.
At first, it looked like the suspects, whose names cannot be released do to the Young Offenders Act, would be tried as minors in a juvenile court. However, the Young Offenders Act has now been replaced with the Youth Criminal Justice Act. Which covers everyone from age 12 to the day before their 18th birthday. Also the YCJA allows the public and media to attend the trials of the youths and proceedings may be reported, but the identity of the youth can only be disclosed under special circumstances.
The names of 14 to 17 year-olds who are convicted of serious, violent crimes, such as murder or aggravated sexual assault, can be reported in the media. This was a murder, and yet they are still pulling the YOA card and will not release the names. This is the first sign that this whole ordeal is going to be botched and it proves that the Canadian justice system is flawed when it comes to youth and violent crimes.
Now, this is a confusing subject, as law often is. There are many loopholes and things that if you're not watching, people slip through and are free to roam again. They do a pretty good job with serious violent crimes though. This is purely an opinion piece written only from what I learned in Civic Studies, so it may not be correct. I suggest if you are interested in how the court systems REALLY work in this present day scenario that you either ask your parents, or you do some research of your own. =)
Our government decided to overhaul the youth justice system in response to what Canadians were telling them, that there were WAY too many children in jail for petty crimes. See, we had and still do, a court system that favors the notion that children, make mistakes. And they do. Children get into trouble over drugs, shop lifting, car theft, property damage, graffiti, and random incidents that they should not have held against them for their entire life.
Throwing children or teenagers who break the law into prisons designed for adults makes no sense, nor does NOT putting a person in a prison designed for adults when they commit a very adult crime. When a life is taken, I am of the opinion that no longer should the notion of mistakes be in play, they should be tried, as an adult, and in an adult court of law. I mean, it seems awful to think that someone who is 15 should receive life when, maybe, it was a heat of the moment deal. Who knows. I just think, if you are going to make an "adult" mistake, you need to be given the "adult" consequence.
An adult sentence for any youth 14 years-old or more who is convicted of an offense punishable by more than two years in jail, if the Crown applies and the court finds it appropriate in the circumstances is possible. Basically that applies to aggravated assault and manslaughter. If you are tried as a minor for manslaughter, the maximum jail time you will receive will be five years. Minors are not tried for murder of any degree. Some cases, the child will be tried for First or Second degree murder as an adult, but always in a juvenile courtroom. They have, however expanded offenses for which a youth is "presumed" to receive an adult sentence from murder, attempted murder, manslaughter and aggravated sexual assault to include a new category for repeat serious violent offenses. Which means, say you kill another kid when you are 8. You get a manslaughter sentence, pop out of juvie when you are 13 and walk free among your peers. If you do it again, they have a section under which they will punish you whereas before, you would have just been treated like a first offense offender and put back in jail for five years. You turn 18 and either it's all wiped off your record then, or you have to wait until you are 25 and then it is cleared off. Which, I think violent crimes should never leave your record . . . ever. If you commit a murder, you should be tried as the murder was ruled, not just under the general manslaughter, and you should be looking at a life sentence.
There are many options in sentencing youths. The judge imposing the sentence must balance the needs and concerns of the victim and the public with the needs and circumstances of the youth, and the sentence must also help the youth to take responsibility for breaking the law.
When I went looking for information from the Children's Rights Council, the page was conveniently down. As was the page at the Department of Justice, Canada's website. Wonderful. Go figure, that's how the government always is.
People of Canada! It is up to us, to make a fuss and get the system to work for us. I suggest that all of us older Whyvillians write to our MPs and newspapers, and let the government know what we want done. To the younger Whyvillians who might not yet understand the court system or the reason this is such a huge deal, read whatever you can about the court system and case studies of justice, get informed and make a decision about what you feel should be done. These type of issues arise at election time, and knowing about what you want, and what is being done, will help you choose a good candidate to vote for to instill change or keep things the same.
The big to do about this murder, is the fact that people want justice. Most people in Toronto right now all want this boy and his girlfriend to be punished as much as they can for this senseless crime. You don't kill people you have a problem with. You don't kill a girl your girlfriend once said they want dead, to impress them. This is not acceptable behavior. Never. Ever. And to be put in jail for 5 years and let loose again, is an insult to the family and community.
However, they have made one step in the right direction as both the 15 and 17 year old are being tried as adults for first degree. In a juvie court, but hopefully, the jury will rule it was premeditated and brutal and all the stuff that goes along with first degree and they will both receive life. I feel so cruel wishing that upon them, but what they did to that family, community, the school, and our city, was cruel.
-BP
Author's Note:To the friends and family of Stef, my prayers are with you and deepest condolences. This was a pathetic and senseless crime, and it is a waste that such a wonderful young lady had to die because of it. I hope, and I will hold out hope, that the court system will serve you much needed justice. May she forever be in your hearts. x3 x3 x3
