Enough with the kid gloves!
A week after 29-year-old Charles Newton was sentenced to three years in jail for impaired driving that caused the death of CEGEP teacher, Louise Couture, 21-year-old Edward Hakim was sentenced to 18 months in prison for dangerous driving, which forced him into an opposing lane, striking 27-year-old Patricia Jolicoeur and leaving her brain-damaged and paralyzed. Eighteen months for destroying someone's life and rendering them a vegetable! When will sentences reflect the severity of the action and cease being mere slaps on the wrist?
After the sentencing, the prosecutor in the Edward Hakim case stated that the 18-month term "will send a clear message to the public". If by "clear message" she meant that drivers can careen through streets recklessly and mow down innocent people and then serve a year and a half behind bars, then yes… a "clear message" was sent indeed.
We here in Canada pride ourselves in our tradition of second chances and rehabilitation, of giving people the benefit of the doubt. We don't do the death penalty, we don't cut off hands for stealing, we don't condemn people to stoning or beheadings; and rightfully so. But there has to be a middle ground between barbaric justice and effective justice that protects the innocent, while punishing the guilty.
When Charles Newton lost control of his car, cut across three lanes, jumped over a median and crashed into Louise Couture's car at a speed of more than 150 kilometres an hour, he had more than twice the legal limit of alcohol in his blood. What's more, he was driving with a suspended license. What was this man even doing on the road at all? And how is a three-year jail sentence adequate punishment for recklessly taking someone's life? The prosecutor in the case stated that she wanted a sentence that would "send a message that people who behave like this will be punished." She may have wanted that sentence, but she certainly didn't hand out that sentence! Talk about missing the mark…
Quebec judge Michel Mercier made a point of stressing the fact that Edward Hakim was a good person from a good family, a part-time student with a steady job. What about the young woman he left brain damaged and paralyzed? Was she not a good person from a good family or are we so focused on the criminals we forget about the victims?
While both these cases went to court before the provincial government passed Bill 42, which calls for tougher fines for speeding and reckless driving, Judge Mercier reiterated that he didn't want to use young Hakim as "an example as a way to join the legislative bandwagon against dangerous driving".
What does that even mean? If judges don't use those who are guilty as examples, than who should they use? At what point will our justice system decide that the punishment must fit the crime, if it is to retain public confidence and serve as some sort of credible deterrent?
Yes, in the case of Hakim, he may not have intended to destroy someone's life, but his actions did just that. If actions can have devastating consequences, than why shouldn't those consequences extend to the person who did the devastating?
Claude Jolicoeur
Commentaire mis en ligne le 1er mai 2008Good evening,
I am Patricia's father. No it is not a prank. I really am. I appreciate the article that you have written, You know behind all stories there is one that is not known.
Some of the fact regarding this cause is not publicly know but are of very important.
In a nut shell and not counting all the surgery and hospitilization and care she needs.
First we need to go back to the night of the accident. On that day, Novemebr 29, 2006, Hakim already had 2 accusations of drug possession. One for simple possession and one for having enough in his possession tha the was accused of dealing drugs. The night he hit Patrica, he had 3 more added to his file. Hit and run, and deangerous driving causing bodily dameages and criminal negligence causing bodily damages.
He pleaded guilty for the simple fact that his girlfriend had given the police officer a devasting testimony against him. Seing this the defence lwayer decide he was going top negotialte a gulilty plea to only one of the accusation and the crown followed.This negotiation lead to the dilution of the accusations that went from dealing drugs to simple possession of drugs and pleading guity to dangerous driving causing bodily damages only, therefore dropping the other specialy the Hit And run and leading to NO trial whatsoever. We will never have the truth in this.
The other fact is that the drug case happen months before the accident but were bargained all at the same time. Therefore leading the defence to say today that he had not previous criminal records. You see the gimmic here. Of course you deal the previous accusation and you have no past criminal records where if the system would have done it's job, he would have been prosecuted and judge for drugs, giving him previous past criminal records. You get it now..................
Who is gaining from this whell and deal? Who is bennefitting from this you think? The criminal of course. Surely not PAtricia.
Patricia is in a semi vegetative state. You may visit her if you want. I personnaly invite you. Then and only then you will be able to appreciate the damage and the mess that was leaf behind. Patricia is forced fed, has not spoken sine, cannot swollow, and we have to tend to her day in, day out every day of her life and our life. My wife had to leave her job to tend to Patricia.
Who do you think got jailled for life. Who got the life sentence you think? Patrica and we did.
Do you think the Hakim ever had any feelings what so ever for her and us. ABSOLUTELU NOT. The are only inerested on what could possibely keep their son out of jail. Patrica is in a jail for life. DO you think they care. NO AND NO. They don't care and have orchastrated every thjing with their lawyers.
What is the message that is sent here by the judges. Yo you can screw someone's life and get away with it????
I don't care if he is from a good family. So is my daughter. She had a life. She was in University. SHe was a good and generous person.
You think I am BSing. We can have a chat. I would be please to talk to you. 450 458 7398
18 months for destroying someone's life and screwing up our life is nothing, absolutely nothing. Considering all the god dam negotiations that took place before. They have no dam idea the mess that dam kid left behind.
Think of all the other things we will never enjoy with PAtrica anymore. Just think about it for a few moments.
Let's talk and I will tell you.
Best regards.
Claude Jolicoeur
2541 Pine Run
St Lazare, Qué
J7T 2A1