It is all too often that we hear about flaws in Canada’s judicial system. Either from friends, family, political commentators, or even people from within the system itself.
I had personally never experienced the failings of our legal system, until now that is. On May 9th I was sentenced by an Ontario judge to serve 9 months in jail. Thankfully under the 2/3 rule, I will end up only serving 6 months out of the 9. Here is my story and what has me now writing this from inside the Hamilton-Wentworth detention center.
It was a warm fall evening on October 26th 2011. I was out with a female friend for drinks. Admittedly we did drink a little too much. As we were walking home we came across a group of people walking as well. Conversation started and continued for about 10 min. At this point the woman I was with and a guy from the group began to argue. The argument became very heated, so I stepped in between the two of them. Telling both of them to back off. The guy then punched me and we began to fight. I tripped off of the curb and fell into the street. He jumped on me and began punching me. Unable to do anything else my female friend picked up a piece of of loose pavement and hit him with it, in attempt to get him to stop. As I layed unconscious on the street, he turned to her and punched my female friend repeatedly in the face. When I came to, she was pulling me from the street with blood pouring from her face.
Enraged from what had happened and seeing that he had struck a female, I made my first mistake. I went back towards him (he was now across the street beside a convenience store with his friends). I yelled to him, “you’re a coward for hitting a woman!” We once again started to fight. This time I had the upper hand. He ended up running into the store. My female friend had tried to chase him inside, but I was unable to stop her at first. She eventually got around me and went inside the store. Knowing that he had already hit her I couldn’t just let her go inside alone. So I followed in after her. When I got inside they where already fighting.
I jumped in to break it up. There was a struggle and I began to fight with him again. Once the fighting was ended I grabbed my friend and pulled her outside. About 5 min later the police arrived.
After taking everyone’s statements, I was arrested and charged with assault. The first thing that confused and angered me was that both my friend and I had been arrested but he had not been. The officer who took me to the police station told me that I would be given a promise to appear in court and let go. This was not true. I was held until the next morning for bail. In bail court the crown attorney requested to deny bail. In turn the judge gave a little laugh and said “no criminal record, got into a fight? Bail approved.”
I was on bail for nearly two years. In that time I had hired a lawyer by the name of Robert Charko, through legal aid. He remanded court date after court date. Then finally on March 1st 2013 we had judicial pre trial. It was at the this time that I found out the crown attorney had raised charges against me to assault and robbery. I was once again enraged! I did not take anything from anyone! I wanted to know what evidence they had to raise the charges. My lawyer told me that the evidence they had was strong. They had me on video taking something from him and he had said the had $20 missing from him after the fight. My lawyer advised me that was enough to convict me on robbery and my best chance was to plead guilty. Confused, worried and with that being my only advice I agreed to plead guilty. After doing so my lawyer told me that he would have no problem keeping me out of jail and the date of May 9th 2013 for sentencing was set.
When arriving to court for sentencing, the first thing that I had noticed was my lawyer, my friends lawyer and the crown attorney laughing and joking together. I sat there and watched them discuss their houses, changes they made to their yards etc. As if they where old friends who were catching up after not seeing each other for a while. When she returned, she started that she was holding both of us just as responsible and under an act of deterrence, sentenced us to 9 months each in jail. (Below is picture of the jail Terry is in)
Lets break this down. Zero evidence of how this altercation began was heard, evidence of robbery or theft was that a person said they had money missing (soon changed to a cell phone), video showing a fight and what could be something being taken but no one was able to tell if anything had been, then legal aid lawyer who clearly did not put in any effort to defend me and appeared to be friends with the crown attorney. So basically a kangaroo court set up for the defendants to fail.
Now being in jail sentence to 272 days, but will only have to serve 180 days. I have spoken to men who have all their kinds of charges laid out against them. The most frustrating thing for me is a man in here who has been charged with his 3rd domestic assault (violence against women). He was only sentenced to 45 days of jail! 45 days of jail for repeatedly assaulting a woman, but 272 days for trying to protect a woman!
This is our “justice system”. I would like to think that this kind of example of our system is isolated or not common. But we know better than that.
We have now entered the era of the Prison Industrial Complex. Our neighbors to the south are far more advanced in this, but our government is racing to catch up. Passing new pieces of legislation (like Bill C10) and pushing harder jail sentences. Most of which is being lobbied for a private prison corporations.
These private companies actually profit, based on how many prisoners are in their jails. It will not be long before Canada begins to dabble in private prison again. One thing standing in the way is that many of these corporations require a 80% to 90% occupancy rate in any prison that they take over. Here in Canada, we don’t have that. In fact the jail that I am in is running at minimal numbers for prisoners right now.
But after new laws are set in place, with longer sentences this will change. More people will be incarcerated and for longer periods. Bringing the prison populations high enough for the corporations.
So why would the government and courts allow men who abuse their women to get let off lightly and then heavily persecute a person like myself for trying to protect a woman? There are two reasons for this:
1: Destruction of the Family Unit
Many of us know that the architects of the new world order see strong family units, solid communities, etc as undesirable foundations to our society. Men who abuse women and children usually have drug/alcohol problems. Have state intervention in their life. Be in through the Children Aid Society, welfare/disability benefits, etc. (not saying everyone dealing with these aspects of the state are abusive.) The family ends up being fractured and split apart. Which means no more children being put under state care and set down a path of negativity. An endless cycle of state control.
Men who are hard working, proud fathers. Who are raised in the “old school” way of things (protect women and children, respect and take pride in workmanship) have become the enemy. Which leads to the second reason.
2: State Dependency
We see more and more people relying on the state more and more everyday. More people expecting government to be the solution for everything in their lives. If they become ILL they are turning to the state for better health care. While doing nothing about their diet, exercise or anything that they could be doing for themselves. (look up Dr. Gerson Diet and Rick Simpsons Cannabis Oil). When there is a shortage of jobs they look at the government to create them. Rather than innovating and creating their own . The list can go on forever but many have become absolutely dependent on the police to protect them and everything they care about. They have been raised to do so themselves, even if it means more pain and hardships while waiting for the state (police) to do so for them. When those of us who are still willing to provide for ourselves, protect ourselves, and not depend on the state. Like I said we have become the enemy. we have become the outcasts who need to be “dealt with”. This why the book has been thrown at myself and many many others.
The collectivist society that is being formed around us thinks that they can break us. They think that they can care us into submission. Well I have news for them! They can beat me, jail me and intimidate me but can never defeat me! My soul knows that I/we are on the right path. Even sitting where I am, I continue to defeat them. When I come back, they done nothing more than pour gasoline onto a fire that is already burning bright!
If anyone would like to talk to me about my situation, send words of encouragement or anything else. Please feel free to write at me at:
165 Barton St East
If it is returned to sender, that means I have been transferred to Central North Correctional Centre in Penetanguishene Ontario. That address is:
1501 Fuller Ave
In case that does happen please re send the mail to the above address.
MESSAGE FROM FRANKIE
Even if you’ve never spoken to Terry I’m sure he would love to hear from you. Please don’t be shy to write him, he’s got nothing else to do in jail. He will read every word you write. Please show words of encouragement. He’s going threw unfair rough times.
ALSO if you would like to give your thoughts to his scum bag lawyer that works for the Crown his e-mail address is firstname.lastname@example.org, robert j. charko
Bottom line is that legal aid lawyers actually work for the court and not for the people they represent. One is more likely to be asked to plead guilty because the lawyer won’t be willing to spend more time on the case. If one hires his/her own lawyer that will be another case. He gave him bad advice that only benefited the system and made it easy for himself to get paid for doing nothing at all for Terry.