Can't We Make Justice Meaningful?

Last week, my partner reminded me that it was the 25th anniversary of the OJ Bronco Chase.  Every generation has their iconic moments.  For my dad, it was the Pearl Habour.  For my mom, it was the day that President Kennedy was assassinated.  Or when Elvis died.  For my generation, it was 911.  Iconic moments where you remember where you were and what you were doing.  /The death of Princess Diana was another iconic moment for me.  For many, the OJ Bronco Chase was another iconic moment.

I remember where I was during that farce, I mean, chase.  My son was 11 months old.  I was at work, then I drove out of town to his daycare provider to pick him up, and then we went grocery shopping. Then, we went to home and I made supper. I fed him supper, and then I spread toys on the living room floor and we played and I turned on the tv.  The chase was still going on.  I put the toys away and we had cuddle time on the couch and he fell asleep.  The chase had ended but OJ was still in his house and cameras kept rolling.

Yes, I remember that very well.  I remember thinking "injustice system" for the first time in my life.  It is a term that I have continued to use throughout my life. 

Like many women from Manitoba, I was particularly moved by the Betty Osborne case.  I still am.  Following that case, the Aboriginal Justice Implementation Commission concluded that the most significant factors influencing the case were racism, sexism, and general indifference of white people.  The words may have changed but the sentiments don't seem to ever change.  Betty Osborne died in 1971 and the case wasn't officially closed until 1999.  The seemingly epidemic of missing and murdered Indigenous women led to another Inquiry.  Inquiries are very expensive and the same recommendations seem to be made, yet, we don't seem to make much progress.

Every election, there is always some party that calls for changes to benefit our financial health.  It always seems to mean cuts to health care and education.  Meanwhile, Justice is always a sacred cow that never experiences cuts. It is understandable.  What if 100 people go out and commit and crime.  We can't say that we will only prosecute 50 because any more would exceed the budget.  If people start rioting in the streets, we can't deny the police system overtime to address it.  One of the major reasons for decriminalizing cannabis was financial. 

I don't know why.  In Canada,, our penal system is supposed to be different than our neighbours to the South.  We don't have the three strike rule.  We believe in restorative justice and rehabilitation.  It all seems well and good until you ask someone who has been through the justice system, not working in the justice system, but been through the justice system.  I doubt anyone will tell you they are satisfied.

Lt. Benson says that speaking your truth and having someone bare witness is the key to recovery.  Maybe in the world of SVU but in the real world, I don't know if that is the answer.  Also, in the SUV world, the crime happens, it is investigated, goes to trial, has several twists and turns, but someone the jury reaches a verdict in what seems like a day and a half. 

In the real world, the justice system is a lot of  hurry up and wait.  I have testified in a few trials.  From the time I knew I would be testifying until the matter went to trial was lengthy, one time about two years.  There are pretrial motions, settlement conferences, etc, etc.  One time, I testified for four consecutive days.  That means that I was in the Court House for 4 days.  Each day was supposed to start at 9:30 am.  In reality, it was 10 am.  Every day, there was a break at 10\:30 am.  Sometimes, the Court Room was needed for a "quick matter" or the Judge was needed on a conference call or something.  There was always something.  Lunch was usually 1.5 hours scheduled but would be about 2 hours.  We would adjourn by 4.  At the end of 4 days, the lawyers and Judge spent about half an hour determining the next Court dates.  They could find three consecutive dates about 18 months later.  Magically, the next week, the matter was settled out of Court.  I was the first witness and in the four days, my direct testimony was done.  I had to be cross-examined by four other lawyers.  I was the first of 29 witnesses that were scheduled. That was a long time ago.  I'm sure if the matter hadn't been settled, the trial would still be happening.  Even when Justice gets it right, it is never quick. 

In fairness, when Justice gets it right, we don't hear much.  When Justice gets it wrong, we hear about it, task forces happen, inquiries happen, reports get written, recommendations get made.  They are usually the same recommendations.  Progress is slow.  Change is always hard.  Transitions are always difficult. 

Maybe we need to look at other cultures or systems for reforming justice.  I have a friend who is in a nasty dispute with a former business partner.  It is ugly.  Both parties have gone to the police as both parties have escalated the matter.  The police has told both of them that they don't get involved with civil matters.  Unfortunately, it likely won't be civil much longer as the tensions keep rising.  If only a mediator could work with them and resolve the matter that way. 

People continue to say that there are two systems of justice, one for the rich and another for the poor. 

Manitobans will go the polls twice within a few weeks of each other.  Will anyone have the guts to get the conversation starting on how to reform the Justice system?  Will anyone have bold ideas?  Will anyone care or are we content to letting things proceed as usual? 

25 years after the OJ Bronco chase, the system hasn't changed much but everyone involved in that case was changed forever in some way. 

In two years, it will mark the 50th anniversary of the death of Helen Betty Osborne.  That seems almost unbelievable.  Through much inquiry, it was determined the case was not resolved for so many years because of racism, sexism, and general indifference of white people.  In 50 years, we can debate how much progress we have made in society on those issues, but, there is likely no one who can say that those factors still don't exist in some manner. 

We have to have bold conversations and change needs to happen.  I am reminded of all old Union slogan.  No Justice, No Peace.  It really is more than a slogan, it is common sense.  Time to make common sense common practice. 

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