Hearing Drums…

“No reason to think Debra’s indigenous background played any role in police decisions in this case, it must be acknowledged that indigenous women and girls are vulnerable to stereotypes” – Justice Renee Pommerance

An example of the somewhat twisting crooked line thought process of Justice Renee Pommerance of the Ontario Superior Court, who was recently presiding over the court case of Regina versus Doering. This case was either another misconduct case brought against a police officer– another example of the police victimizing an indigenous woman–or was it a gross miscarriage of justice?

In this London Ontario court case, Justice Renee Pommerance, at the end of the trial found Constable Nicholas Doering guilty: of one count of criminal negligence causing death; and one count of failing to provide the necessities of life.

The case involved the death of 39 year old Debra Chrisjohn of the Oneida of the Thames First Nation and occurred on September 7, 2016. Her cause of death was cardiac arrest– a likely and predictable result of prolonged methamphetamine use. This happened while she was last in the custody of the Ontario Provincial Police.

Constable Doering is an officer with the London City Police, who turned over his custody of Debra Chrisjohn, to the Ontario Provincial Police and it is while in the latter’s custody that Ms. Chrisjohn eventually died.

Cst Doering, however, was the one charged. This wrinkling fact, one that doesn’t seem to flow from any normal victim timeline. In trying to uncover and assign responsibility, this alone was a significant departure from what one would normally expect and raised some questions at the logic that must have been in play.

This aside, the highlight for the television and print news attending the trial was that the victim, Chrisjohn, was an “indigenous woman”. In the current times an indigenous person as a victim is an inescapable inference for the media implying, even if not stated, that there was a possibility of overt racism and wrong-doing on the part of the police.

Justice Pommerance would in her summation find nothing racist in the actions of the police officer; but then seemingly still drew a line of guilt to the officer hinged on the fact that the victim was a drug user and this combined with being indigenous made her therefore more open to being stereotyped. It is ok to scratch your head at this point.

Maybe more telling was the fact that the indigenous were protesting and drumming outside the courtroom throughout the trial, only there one would have to assume serving to imply racism, regardless of the facts that were being outlined inside the courtroom. The continuing photo and television coverage of the case never failed to show the indigenous protests.

This should have been seen as the first sign that this trial had the potential to enter into the political social atmosphere where the whims of a few would or could override common sense.

This set of circumstances started out like many calls during the normal life and routine of uniform police officers.

Constable Doering responded, along with other police officers and three paramedics, to several calls of a woman wandering into traffic and trying to force her way into vehicles. She was described as being “agitated”, “high on drugs trying to get into her van with her and her kids..yelling profanities..throwing herself against the car” according to the one caller.

When the police arrived at the scene, the situation had escalated to the point that Ms. Chrisjohn was now being physically restrained and held down on the ground by a member of the public.

Cst Doering was the officer who eventually stepped up to take responsibility for her; arrested her, and put her in the back of the police vehicle. Checks of her legal status showed that she was also wanted on a warrant for “breach of recognizance”. The warrant was held by the Ontario Provincial Police at a nearby detachment.

At the time she was put into the vehicle she was described as being “alert” and “conscious” and was responding to the police demands, talking and moving about.

Ms. Chrisjohn at the time of the call was quickly recognized by some of the attending officers as having been taken into custody the day before. She had a history with the police and was known to be a user of methamphetamine. In fact the day before the police had also dealt with her over a suspected overdose and she had been hospitalized. The warrant was not executed at that time as the police had to wait for a medical clearance from the hospital.

At the point of this latest arrest, Ms. Chrisjohn was observed by a paramedic but only through the cruiser window, at which point they offered up the opinion that it would be pointless to try and take her vital signs in this agitated state, that her vital signs would be skewed if in fact she was on methamphetamine. Her outward appearance was consistent with the use of “meth”.

There is an interesting sidebar with regard to the three paramedics who attended. In their reports they had indicated that Constable Doering turned down their offer of examination. However, under cross-examination by the defence, it was learned that they had not actually offered their examination, and it wasn’t turned down by Cst Doering. The implication was of course that the paramedics wrote their reports to to cover their own backsides.

Because of Ms. Chrisjohn outstanding warrant, Cst Doering made arrangements to meet an OPP officer at a local Tim Horton’s to turn over the prisoner to them.

So far there is nothing unusual in this story. This scene or one like it gets played out hundreds of times throughout this country on an almost daily basis.

But it is in the next 45 minutes, during the transport of Ms. Chrisjohn; that the Justice feels the officer failed in his duties.

Ms. Chrisjohn, according to Cst. Doering, goes from being abusive and a little resistant; sitting straight up and talking, but at some point slumps over and is “moaning” and “shaking”.

It was during this same time, that Cst. Doering stops the police cruiser to insure that she has not escaped from the handcuffs, not to check on her well-being.

Constable Doering stated there was no conversation during this time, that he had the window open so it would have been difficult to talk in any event.

In his testimony Cst Doering described the victim as displaying “interludes of angry outbursts…bouts of incoherence…” and “talking about bombs in the back seat of the police car”.

Justice Pommerance in her decision states that Constable Doering did not take into account Ms. Chrisjohn’s “deteriorating condition” and did not seek the “medical” help she couldn’t obtain for herself. She felt that Constable Doering’s “inaction” was “likely” shaped by “preconceived notions he had of drug users”.

The Justice further states that “it is not clear what if any observations would have prompted him to call EHS”. This too is a bit of a confusing statement. If the Constable did not observe anything that warned him of a medical condition, why in fact would he change his opinion?

The meeting took place and the prisoner was turned over to Constable McKillop of the OPP. She frisked her and put her in her police vehicle for the final journey to the cells. She did not call for medical attention at this time, so one can only conclude there was still nothing observed which warranted an immediate medical examination. She did state that she was told by Cst. Doering that she had already been “medically cleared.”

If this is true, Cst Doering made a huge error here and should have been forthright and accurate about her medical history. It would not have changed anything, but it would not have allowed for the perception of callousness that was being portrayed by Crown in the courtroom.

In the beginning, Constable McKillop had in fact been charged as well as Doering, but those charges were later dropped by the Crown who said that there was “no reasonable prospect of conviction”. One has to assume that McKillop being told that the subject had been medically cleared was an exoneration in terms of her personal culpability.

If one takes the Crown viewpoint however, how is that McKillop is not charged? Was she not in a position to also observe the prisoner and therefore have the implied need to observe the condition of the prisoner? It seems patently illogical.

Once the OPP officer had arrived at the lock-up in Elgin, Ontario Ms. Chrisjohn was “limp” and was taken into the cells: “feet dragging as being carried toward the cell, where she is placed on the floor in the recovery position”. There is no evidence that Ms. Chrisjohn is not breathing, it is only after a couple of hours that she is observed to not be responding.

At 7:52 pm she had lost consciousness and was rushed to the hospital. She died later that evening.

Those are the pertinent details and if accurate, this verdict should scare the daylights of each and every street level police officer in Canada.

One should also be reminded that criminal negligence causing death is no small charge. Section 219 of the Criminal Code says that everyone is “criminally negligent who in doing anything, or in omitting to do anything that is his duty to do, shows wanton or reckless disregard for the lives or safety of other persons”. Of course the key words in this case and other criminal negligence cases is how one would define “wanton or reckless disregard”.

As any observer of the news or recent court decisions will attest, the indigenous card is constantly at play in many levels of jurisprudence in this country. This is true especially in each and every circumstance involving the police. We now seem to have another example of the warping of the system to fit a repetitive narrative.

There are seemingly two subjects in this country which cannot be questioned or commented upon in polite political and social circles, or reported on in any meaningful way. Immigration and the Indigenous.

Many, including this writer, historically, always had faith in the court’s courage– the last resort for standing for what was right, not what was politically expedient. Many hope that the final arbiter would judge by the facts, immune to often hysterical special interest groups.

Unfortunately, that seems to be changing, as strong and compelling evidence is mounting of political interference seeping into the court system; whether it be in the naming of judicial appointments, or in the verdicts and findings of cases that have gone to trial. Evidence of Crown offices over-stepping their reasonable expectations of a successful conviction in the interest of political expediency is also growing in parallel.

The Indigenous with their constant cries of indignation and a seemingly endless supply of monies for lawyers, seem to be the blunt leading force of this drive to their particular view of what constitutes justice.

An indigenous involved criminal case is the equivalent of chumming the waters for lawyers who have discovered a new and lucrative speciality. Government policy puts them at an operating advantage. Settlement over trial– not likely to get their hands dirty in the confines of a public courtroom has great appeal to our learned friends.

This case is another glaring example and is similar to the case in Saskatchewan involving Colten Boushie, where no less than the Indigenous Justice Minister at the time, Jody Wilson-Raybould inferred racism with the acquittal of a clearly innocent and victimized Gerald Stanley.

Throughout this trial indigenous protestors were outside the courthouse, holding vigils, drumming, and putting out the usual media talking points of “she was a human being, she had a family, she was a mother, she was a sister, she had friends”, all duly reported and mopped up by the local media. A dozen police officers also attended the trial in support, but their pictures were not taken– the few indigenous who attended were on the front page.

There were the usual persons in attendance which seem to now flock to the side of the Indigenous, the requisite lawyer always now present for the victim family. In this case it was Caitlyn Kaspers, who was a lawyer with Aboriginal legal services and was also acting as legal counsel for the family. She made some curious comments including “that the family recognized and was thankful for was that the justice consistently respected the dignity of Debra”. That the judge was “making sure that all counsel tendered evidence that was as respectful as possible, and the family noticed that”.

Justice Pommerance said that the officer had “pre-conceived notions about drug users and that Cst. Doering held fast to those notions when dealing with Ms. Chrisjohn. Rather than moulding his theory to fit the facts, he seemed to have moulded his facts to fit his theory”.

And here comes the first indication that Justice Pommerance is open to the the race card. Judge Pommerance as noted in the introduction to this blog says: “it must be acknowledged that indigenous women and girls are particularly vulnerable to stereotypes”. Ms. Chrisjohn being indigenous, was more prone to be stereotyped according to the Justice.

So Constable Doering’s offence is that he did not somehow interpret the actions of Ms. Chrisjohn in the back seat of his police vehicle as being a person in need of immediate medical attention.

First lets point out the known effects of methamphetamine.

Negative effects of crystal meth according to the Foundation for a Drug Free World state that those side effects, in the short term are: “disturbed sleep patterns, hyperactivity, nausea, delusions of power, increased aggressiveness and irritability”.

Because they push their body to artificial levels they can also experience a serious “crash” or physical or mental breakdown. The long term damage is “increased heart rate and blood pressure” which could lead to “cardiovascular collapse”

The symptoms observed by the Constable were entirely consistent with the use of crystal meth, including her slumping over and becoming lifeless. There were no signs at the time, nor would there be many that she had entered the state of a cardiac arrest.

When examined later in the cells due to her irregular breathing, they determined that she had now become at risk for cardiac arrest, was alive when they transported her, but died after arriving at the hospital.

“She had been identified as a drug user who was known to London police. This informed the officer’s interpretation of her conduct” said the Judge.

Should history, or observed behaviours not be a factor in an officers actions?

The SIU who conducted the investigation and recommended the charges against Cst. Doering and Cst. McKillop should also be viewed in a critical light.

The SIU came about as a result of race relations that had deteriorated in 1990 in Ontario. It was labelled as the “first of its kind” and was heralded as “all civilian”. (If this sounds familiar to the IIO in the Province of British Columbia– it is)

The Ford government recently stated that the legislation supporting the SIU as the “the most anti-police legislation in history”. Lengthy delays in reports, lack of police insight, and civilian investigators led to criticism as to their capabilities to see beyond the political. Suffice to say there were a lot of growing pains, which continue to this day.

Having slumped over three times during her ride with Cst Doering, he should have interpreted this behaviour to mean that she was in need of medical attention and to not do so meant that he behaved with a “wanton, reckless disregard” for her well being.

There is no evidence that even if she had been examined at the scene, or enroute, that somehow this would have saved her from cardiac arrest.

In the end, Justice Pommerance seems to have listened or was able to draw a line from the police behaviour to the indigenous cause. It seems like she was hearing the drums, there doesn’t seem to be any other possible explanation.

No one should doubt that the Liberal progressives, the same ones which are paradoxically stymying freedom of speech in this country have the political majority. Bias is being shown and bias is being reported without any kind of journalistic conscience. In this atmosphere the message is clear, that there can be no criticism of the indigenous.

Ms. Chrisjohn at the age of 39, personally and as a direct result of her lifestyle brought eleven children and three grandchildren into the world that are now motherless. Her addictions did not cause her death, that was someone else’s fault, the colonial system caused her death, or so the current narrative goes.

Race is not the sole determinant in any court case and certainly was not in this one. Justice Pommerance seemed naive of the day to day vagaries of policing, but to then tie it to race was egregious.

The courts, like police management, the Crown and the media seem to be falling down the Orwellian precipice where justice is secondary to optics and pleasing the vocal few.

To be a uniform cop in this era is indeed a dangerous job, but it is not the criminals who are the threat.

Photo Courtesy of Ashley MacKinnon via Flickr Commons – Some Rights Reserved

Diversity vs Merit…planned discrimination?

The term, affirmative action, in the 1960’s was a dictate given to the Government of the United States under then President John Kennedy to hire or give equal opportunity to the disadvantaged, to hire “without regard for race, religion and national origin”.  It was often designed to compensate for past discrimination, persecution, or exploitation by the ruling class.

A laudable goal to be sure, as the intention was to pull up those that were disadvantaged, to take away any roadblocks that kept some down and not able to compete in the economic world of the day. It was a typical liberal policy reflective of those times, it was  “Camelot” and the Kennedy era, where equality and fairness were the principle objectives and would be emblematic of the ensuing two decades of U.S. policy. It was the era in which I grew up and came to self-identify. It was the era when governmental change was an instrument of good and it was a time when people wanted to give back.

The goal of  affirmative action advocated a generational change, a lengthy process to be sure. Not to be accomplished overnight, or even over a single Presidential term. In almost all circumstances, a formative change actually requires patience, and it requires a cultural change.

If these goals outlined by Kennedy and to a smaller extent by Pearson in Canada in the 1960s were to reach fruition, then there needed to be education and time. Politicians being what they are in our democratic and fixed term systems are not patient, they want to see and boast about change in shorter windows of time. Long term planning or even projecting out for 10 years is difficult if not impossible, and there in lies the rub.

So “affirmative action” and what it came to mean began to evolve, mainly to suit political need for instant gratification.  They needed to force the issue, to put persons into roles or jobs, or education, earlier than generational change would allow.  Qualifications, or deservedness would have to take a back seat. That some tolerance be built into the selection process, that qualifications be bent and sometimes lowered so that these persons could immediately or quickly fill these roles.

In other words instead of all boats rising with the tide, it became necessary to “favour” certain groups. This re-interpretation of the meaning of affirmative action was not a subtle change, it was one which has had a massive ripple effect.

The world began to follow suit.  Some countries, including the U.S. even began to use a quota system, where a certain percentage of government jobs, political positions, and school vacancies were reserved for specific  members of certain politically chosen groups. And this continues to this day.

Of course this by definition means that not everyone is treated equally and it would be only a matter of time, before some took umbrage with a system, which by its very nature excludes certain individuals, albeit usually the more advantaged groups.

So in most recent years, it has been generally true that countries where there are laws dictating racial and gender “equality”, many of these affirmative action programs which had dictated quotas were now declared illegal. The U.S. courts in particular saying that affirmative action programs  dictate that not all persons are treated equally, and therefore should not be allowed.

However there are countries in the world where quotas are still allowed, and have been used, and continue to be used extensively.

Nathan Glazer in the Harvard Crimson argues that the quota system divides people into categories, into racial, ethnic, and gender profiles. And benefits, and penalties would now adhere to these various compartments. “People would try to advance on the basis of group membership rather than individual capacity”.

In Canada, the politicos sensing some possible rejection of affirmative action and quotas,  began to use a new term, something they believed to be less offensive.  So we now have been programmed to accept the new “diversity”. Diversity, is defined as “the condition of having or being composed of different elements”. The Miriam dictionary then goes on to say that it can mean”the inclusion of different types of people, (such as people of different races or culture)”.

It is government speak for affirmative action in general, and they have replaced the likely illegal “quotas”, with “goals” or “targets”. They play to the “disadvantaged” groups, to try and counter balance a legally tenuous position. There is little argument to the fact that affirmative action is in fact discriminatory. Discrimination defined as “treatment or consideration of, or making a distinction in favour of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather on individual merit”.

But whether one agrees or not, we have a government who has become fixated with the need for “diversification.”

Of course the real balancing act is how far does one swing the pendulum, how far and to what level  is for instance, is one prepared to ignore merit in favour of ethnicity, or gender, or a visible minority.  Practically, in terms of hiring or university admissions, it is difficult to give specific policy or guidance as to how one needs to approach the problem without stepping over the line. How does one apply goals or targets without imposing quotas? Very few politicians and bureaucrats seem capable of reflection, they approach it like a quota, easier to apply, and easier to boast about their numbers.

In 2016, the Federal government announced a new appointment process for boards, agencies, tribunals, officers of Parliament and Crown Corporations. It specified that “diversity” was the goal, while it opened up the applications to the public. In other words, it did not set or say the word “quota”  per se but encouraged the government mandarins, and put them on notice that they would be measured by their attempts and delivery of “diversity”.

According to this same article, the Privy Counsel office has now released its numbers so that of the 429 appointments that have been made to date since 2016; 56.6 per cent women, 11.2 per cent were visible minorities, and 9.6 per cent were indigenous.

It then goes on to prove its point by counting the numbers:  48.3 % women, 16.1 per cent minorities, and 6.5 per cent indigenous. In Canada it points out, there is actually 50.9 per cent women, 22.3 per cent visible minorities, and 4.9 per cent indigenous. They are not arguing a generational change, they are pointing to their targeted “goals”, their “quotas” having been met. There is no other way of explaining it. Are we to believe that in one year, more indigenous people, or more visible minorities have been in a position to apply for more governmental posts because of improvements in their education or in their qualifications. That would be difficult to believe. It is far more likely they have been pulled up to fulfill a quota.

Justin Trudeau often brags about his “diverse cabinet”.  What he actually means is that his cabinet has been chosen in a quota system. Today in the news, the CBC headlines the fact that the Canadian government is now beginning to be as “diverse as Canada”.

Wendy Cukier, who is the director of Ryerson University “Diversity Institute” is happy with the numbers and lauds PM Trudeau for having made “great strides on gender”. She would like us to believe that in a year period, more females became more qualified for various jobs because there was “equal opportunity” got those jobs. Or is it possible that they were told to fill more positions with women regardless of merit?

This is playing out in every walk of governmental life. In policing we went through the quota hiring of women, and various visible minorities over the years. Every government department Provincially and Federally has fallen in line with this type of quota hiring.

Persons are gaining management positions, or being accepted into specialized jobs, not because they are the best person for the job, but by the fact there application is being skewed in their favour, sometimes to a large degree; skewed by their colour of their skin or their gender. It is troubling, for example, if a hospital is hiring a doctor, should merit not be the only single factor?

There are those that would put a strong argument in favour of “quota” hiring as a way of righting the wrongs of the past. If one accepts this principle, one is in effect accepting and proposing one level of discrimination, to right the wrongs of a historical discrimination. But be it as it may, my argument is that if the government of the day feels that this is acceptable, then at the very least they should be honest in their intentions.  It should not be allowed to be portrayed as an equal playing field to the general public. It is not.

Where “diversity” is a stated goal and gender or sex is part of the selection criteria it should be stated clearly. People should know that if you are applying for a police force as an example, other factors are coming into play, including the colour of your skin and your gender, and they should be told what is the given priority, and how it would affect their application.

An issue that also naturally evolves from this process is the growing need to determine if there are some significant after effects to this practise. If one continues to hire under qualified people, does the job suffer, does the output suffer? If they are not the best people for the job, is the job being done in the proper manner? If one throws out merit, or lessens merit in a bureaucratic system, does advancement and morale suffer?

We are now in a position where we have to question both the deserved and the undeserved. When you know the hiring process, and the priorities of government, it makes one question, why or how someone was chosen for this job. It may reflect badly on the person holding the job, tainted by this quota policy, even in cases where in fact it was deserved.

Were members of Trudeau’s cabinet chosen because they were the best for the job, or because they met his mandated quotas and play to his constituencies for whom he wants to be seen as the saviour. Women voters, non-visible minorities, and the up and coming indigenous groups are the stronghold of the Liberals, the bastion they hope to win over in future elections. The answer seems obvious.  Trudeau and the Liberals are engaging in obvious vote buying, and the Conservatives and the NDP are trying to do the same and get in on the action.

They are all playing politics to a high level, and it is costing this country. Merit has been given a back seat, “diversity” is the mantra being extolled by every politician from every pulpit. Do not challenge or you will be portrayed as a racist.

One could point out that the apartheid government in South Africa, as a matter of state policy favoured white-owned, especially Afrikaner owned companies.  It was clearly in place  to prolong white rule and power, and this quota system was discriminatory and the world celebrated its eventual downfall. But any quota system is discriminatory, the only thing that changes is the target of that discrimination.

I believe that when merit is given such short shrift, when merit becomes secondary to optics, everyone loses. We become compartmentalized. My stand is the one echoed by Nathan Glazer in that affirmative action, as it was originally intended is still a worthwhile intention. However,  quotas, thinly disguised as “targets” or “goals” should not be acceptable at any level, whether being practised by your government or your workplace.

And if you think some level of discrimination is o.k., then at least have the backbone to articulate and specify who in society you wish to treat as more equal than others. And then let the public decide.

 

Photo Courtesy of Creative Commons via Flckr by Edyta Mazur – Some Rights Reserved