Tuesday, May 05, 2026

Criminal Justice in the U.S. vs Canada

"This court is going to make sure that you never have the opportunity to do that again."
"You preyed on these women's trusts and their spirituality, and you manipulated them for your own personal gratification." 
Judge Jessica Peterson, Nevada courtroom 
 
"He took away my sense of safety, even within my own mind. I believe I didn't have privacy in my own thoughts. Living with that kind of psychological control has had lasting effects on my ability to trust others and to fully express myself."
"The trauma delayed important parts of my life."
"He also took something deeply sacred from me: my spirituality. From a young age, I was taught to obey him and to follow rules without question."
"That conditioning put me in harm's way and has left me having to constantly remind myself that it is OK to say no."
Siera Begaye, child victim impact statement 
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Actor Nathan Chasing Horse, best known for his role in Dances with Wolves, was handed a life sentence in Nevada for sexually assaulting Indigenous women and girls. Chasing Horse still has charges pending in other states and Canada.  CBC
 
Actor Nathan Chasing Horse, remembered for his role in Dances With Wolves, now 50 years old, this week was sentenced to life in prison with no possibility of parole for 37 years. The Nevada courtroom heard the victim testimony of two young girls, 14 at the time that Mr. Chasing Horse whom they knew for his guidance in spirituality, convinced them that they were obliged to accept that he had the right to abuse them sexually. 
 
The presiding judge at the man's sentencing accused Chasing Horse of exploiting girls as young as 13 for  his own "personal gratification", while he had the trust of a spiritual authority figure as a traditional healer. Some of Chasing Horse's victims were Canadian. He has been accused of maintaining a harem of wives including an Alberta minor, as well as of having sex with an underage B.C. girl who had been sent to live with him because she was ill, and his reputation as a healing figure was thought to be of benefit to her. 
 
There were active warrants in both British Columbia and Alberta against Chasing Horse at the time of his 2023 arrest in Las Vegas. Had he been sent to trial in Canada, the Canadian justice system would have dealt with this man's crimes far differently than did Judge Peterson in the Nevada courtroom.  In Saskatchewan last year, a court sat to mete out justice to a 63 year-old spiritual healer who had used his position for a long reign of sexual assaults.
 
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Nathan Chasing Horse is led out of the courtroom after being arraigned at North Las Vegas Justice Court, Feb. 2, 2023. Photo by Bizuayehu Tesfaye/Las Vegas Review-Journal via AP, File
 
Cecil Wolfe had violated a dozen women over a period of nine yeas. The abuse of these women was explained as a necessary treatment to remove "bad medicine". For his crimes against those 12 women, eight years in prison was considered more than adequate punishment, with parole likely in five years. His victims were warned by presiding Justice John Morrall that the sentence would seen unjust to them.  "The sentence I will impose will seem wholly inadequate for the women. The violations they have experienced will remain with them for the rest of their lives."
 
Because Wolfe, like Nathan Chasing Horse, is Indigenous, the court in Canada was forced to consider his 'marginalized' background and how it would have victimized him through racial prejudice, lack of opportunities, and the inherited deleterious effect of the Residential School system for First Nations children, impacting a sense of societal betrayal through following generations. Called the Gladue impact sentencing of Indigenous people, courts must take that 'marginalization' into effect, reducing sentencing times.
 
In a Canadian courtroom, Chasing Horse would have had his sentence wholly minimized, as a First Nations miscreant. A man convicted of sexually assaulting a 12-year-old in an Alberta court was given a 10-year sentence rather than the 12-year sentence thought to be more appropriate, by the Crown. "But for his Gladue factors, I would have imposed the sentence sought by the Crown", wrote Alberta Justice Jayme Williams.
 
A man in Texas was given a 50-year jail sentence for sexually abusing a child; while for sexually exploiting four girls between 13 and 15 years of age, a Connecticut man was given 35 years in prison. Manitoban Thomas Martin Butler, responsible for a series of child sex assaults in the mid 1990s that included two elementary school-aged children in his care being subjected to regular sexual abuse by himself or other men, received a 25-year sentence, a rarity in Canada. 
 
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Siblings Raven-Dominique and Jeffery Gobeil say they were shocked to hear the man convicted of sexually abusing them as children was sentenced to 25 years in prison on Tuesday. (Justin Fraser/CBC)
 
"I hadn't even imagined the possibility of it being 25 years [sentence for 'horrendous' series of child sex assaults in 1990s]."
"If you had told me five years ago that we would be here today I would not have believed you."
"I wouldn't have even thought it was possible."
Lawyer Raven-Dominique 33, child victim of Butler's sex assaults 
While working as a doctor with USA Gymnastics, U.S. sports physician Larry Nasser sexually abused over 150 women and girls. "I've just signed your death warrant", Judge Rosemarie Aquilina said in 2018, as she read out his sentence -- 175 years in prison. The chasm in justice meted out between the American and Canadian judiciary in response to heinous crimes could not be more pronounced.
 
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The provincial courthouse in Saskatoon, Tuesday, Jan. 4, 2016. A Saskatchewan man has been sentenced to eight years in prison for the sexual assaults of 12 women while under the guise of being an Indigenous medicine man. THE CANADIAN PRESS/Matthew Smith
  

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Sunday, November 08, 2020

Police Warrant : Report to a Justice Document


"The following is a list of exhibits that were seized from 1215-2020 Jasmine Crescent in the city of Ottawa as a result of a search warrant on the 7th of October 2020."
"33.6 grams of heroin and 86.2 grams of fentanyl were seized. A money counter, a] Voodoo AR-15 Style BB gun, [two Ziploc bags of] buff [weighing about 598 grams (buff defined as a substance added to drugs to dilute potency and increase volume). Clear plastic packaging material, [a] sentry safe, digital scale, [and] rubber bands [were seized]."
"[A] large amount of Canadian currency [also seized and] to be counted by the asset forfeiture unit."
"Accused is now deceased; no charges laid. SIU investigation currently ongoing."
"[All of the seized items were ordered to] be detained in the custody of the Ottawa Police Service until 8 January 2021."
Report to a Justice : Police Document
Black man falls to death after Ottawa police conduct no-knock raid
 
Black Lives Matter sprang into action as they do every time a black man falls afoul of the law and is injured or dies, as they claim that blacks receive harsher, brutal treatment from police, are stopped far more frequently in their vehicles than white men, and are the victims of police homicides while undertaking arrests of blameless blacks going about their business. Society is condemned for the fact that blacks are disproportionately represented in the prison system. That blacks are disproportionate to their presence in society at large, involved in gangs, guns, drugs and smuggling appears irrelevant.
"I was mad. Whatever they were trying to do, it was wrong. There was no justification in the whole situation. There's way too many officers. It's a 12th-floor apartment. There's no due diligence there."
"I knew I had to get this story out. There's most likely countless other stories of this happening that are unreported and way more abuses of power."
"Another black man died today.... If they're truly working for the public, this wouldn't have happened. They treated him like he wasn't a human, but everyone makes mistakes and that's the point of being human."
"You have to learn from your mistakes. He didn't get the chance."
Raymond Aust, 20, Queen's University student, Anthony's brother
Mother says son who fell from balcony 'didn't have time to live'
 
One such case in question was that of a 23-year-old resident of Ottawa who leaped to his death from his bedroom window moments following a police drug raid at his family's Ottawa east-end apartment building, initiated by the Ottawa police tactical unit. Police have been accused of causing the death of Anthony Aust, and his family and the black community are demanding answers, demanding that Ottawa's black police chief undertake an investigation, and hold those involved accountable for the man's death.

The Aust family has hired a lawyer. At the same time, the Special Investigations Unit is undertaking a probe of exactly what had occurred the morning of October 7 when video surveillance footage from within the 12th-flooor apartment showed armed tactical officers breaking down the apartment door, throwing through it into the apartment a flash grenade and making use of a "dynamic entry". All of which tactics have been contested by the family as outrageously unnecessary.

Anthony Aust was, at the time, out on bail, his activities monitored by police and by the courts. He was awaiting trial fir firearm and drug offences, charges that were laid in January following a traffic stop. As part of the bail plan he was wearing a GPS-monitoring ankle bracelet. Video surveillance cameras were installed in the apartment, also part of the bail plan. The criminal charges against the young man were drug possession for the purpose of trafficking, firearm possession and breaking conditions.

All criminal charges which despite that he was out on bail awaiting a hearing, he simply continued to indulge in. That he was doing so, that he was in possession of quantities of hard drugs meant to be trafficked, and devices to enable that trafficking, appears to have evaded the notice of his family. All of which appears to be of no account as well to those accusing the police of causing the man's death by their very presence. A man who chose to evade accountability by momentarily forgetting people cannot fly.

Dynamic entry is a practise used by tactical police squads when they have a founded concern that evidence could be destroyed or that a risk exists to the public and to officers. That all of this took place at all, has resulted in a coalition of black community groups asking police Chief Peter Sloly for a meeting to discuss the raid, where Nhora Aust, Anthony's mother, was informed by police they were looking for a gun and cocaine as they searched her home.

Police have not divulged as public information what was found in the apartment when they searched the home where Anthony Aust flung himself out of a bedroom window of his family's 12th floor apartment. However, when a search warrant is issued police must afterward submit a "report to a justice" under the Criminal Code of Canada, a document that lists an itemized account of what was seized. The justice of the peace who had signed a warrant expects the document to be completed and returned to him within 30 days.
"[Dynamic entries are the] bread and butter [of tactical officers because of how common they are]. We conduct hundreds of them a year in Ontario."
"There are demands from the court system, the judicial system. They like it much better when the accused is in possession of the evidence."
"Narcotics are generally considered disposable evidence, much like child pornography."
Jeff Kilcollins, retired, formerly a duty inspector, Ottawa police force, 20-year SWAT team member


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Friday, October 25, 2019

Evading Detection, Racking Up Casualties

"We have arrested the lorry driver in connection with the incident who remains in police custody as our enquiries continue."
"This is a tragic incident where a large number of people have lost their lives. Our enquiries are ongoing to establish what has happened."
Essex Chief Superintendent Andrew Mariner

"[I am] appalled by this tragic incident in Essex."
"I am receiving regular updates and the Home Office will work closely with Essex Police as we establish exactly what has happened."
"My thoughts are with all those who lost their lives and their loved ones."
"We know that this trade is going on - all such traders in human beings should be hunted down and brought to justice."
British Prime Minister Boris Johnson

"Sadly, this is not the first time that we have found people in metal containers in my constituency."
"We're really sorry to say it's all too regular an occurrence and it was only a matter of time before that would end in tragedy."
Jackie Doyle-Price, Conservative Member of Parliament
"Potential victims of human trafficking were reported from 130 different nationalities in 2018 [and] Albanian and Vietnamese nationals were the most commonly reported."
"[Victims are assigned to forced labour, in the sex industry and other fields]."
British National Crime Agency
PHOTO: Police are seen at the scene where bodies were discovered in a lorry container, in Grays, Essex, Britain October 23, 2019. REUTERS/Hannah McKay
Leon Neal / Getty Images   The tractor part of this unit where 39 bodies were found Wednesday is felt to have originated in Northern Ireland

Human trafficking and modern-day slavery are, unbelievably, on the rise world-wide. According to Britain's National Crime Agency, 6,993 victims of this crime had been referred to the government's program whose purpose is to identify and support victims, representing a 36 percent increase from 2017. Additionally, most fatal situations where victims of trafficking perished trapped inside shipping containers and trucks have been migrants, in recent years.

The bodies of 58 Chinese immigrants were discovered in June of 2000, in the back of a truck container in the port city of Dover, while in August of 2015, 71 bodies were found on a highway in Austria, trapped within a hermetically sealed and locked freezer truck. Most of those victims had come from Syria, Iran, Iraq and Afghanistan, at the peak of Europe's influx of refugees and migrants.

German public television and the Sued-deutsche Zeitung newspaper revealed afterward that Hungarian officials had tapped the phones of the traffickers, according to their research, but had failed to intervene in a timely manner that might have, if such intervention had occurred, saved those lives. The E.U. Law enforcement Agency (Europol), after the 2015 event, added a dedicated European Migrant Smuggling Centre to its law-and-order enterprise.

This year Europol published a report reflecting that the centre had discovered the most common method of smuggling relates to people being concealed in cars, or inside vans or trucks. Managing Director Rod McKenzie of policy and public affairs at the Road Haulage Association explained that the journey for people in the truck from Bulgaria would have been "hellish". From photographs that emerged it was clear the truck was equipped with a refrigerated unit, with temperatures dipping as low as -25C.

This, in relation to one of Britain's largest murder investigations when 39 bodies were found within a tractor-trailer parked on an industrial estate in southeast England. The driver, a 25-year-old man from Northern Ireland, is under arrest on suspicion of murder. The dead, comprised of 38 adults and a teenager, were discovered at Waterglade Industrial Park in the town of Grays, Essex, some 32 kilometres east of central London.

The truck was registered in Varna, Bulgaria, a port city on the coast of the Black Sea, to a company owner identified as an Irish woman. Since Bulgarian citizens as part of the European Union, and can travel freely to Britain, it was assumed originally that the truck occupants may have derived from elsewhere, confirmed when all the dead were identified as Chinese nationals. The truck had been driven from Belgium to a small town in Essex on the Thames.

Thirty-five minutes after the truck left Purfleet on Wednesday, police responded to an alert from local ambulance services who were at the container.

It was surmised by Mr. McKenzie of the Road Haulage Association that whoever sent the trailer through Essex might have favoured the route in avoidance of strict checks at the popular Calais, France crossing to Dover where authorities use sniffer dogs and monitors capable of detecting heartbeats, heat and C02 levels. "Purfleet, however, doesn't have that level of technology to screen lorries".
 

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