Youth Criminal Justice Act

WSOG: Billard Sentence Too Light Critics Say

Billard Sentence Too Light Critics Say

Taken from: The Chronicle Herald. Thursday January 12, 2006. Beginning at Page One.

Chronology

By SUSAN BRADLEY Staff Reporter

Photo Left victim Theresa McEvoy; Youth Archie Billard

Oct. 12, 2004: Theresa McEvoy, 52, a mother of three and a program assistant at Westmount School in Halifax, is killed when her blue 1991 Toyota Corolla station wagon is broadsided by a stolen 1992 Chrysler LeBaron driven by a 16-year-old Dartmouth boy. Police had stopped pursuing the stolen car, with five occupants, shortly before the collision, at about 12:54 p.m., at the intersection of Connaught Avenue and Almon Street in Halifax. The driver flees on foot but is captured on the grounds of Westmount School. He is charged with criminal negligence causing death, fleeing police, possession of a stolen vehicle and breaching a court order.

Oct. 15, 2004: The Chronicle Herald learns that two days before the crash, the driver was released from custody despite an arrest warrant and a slew of unrelated charges.

Oct. 19, 2004: Court tapes obtained by The Chronicle Herald show authorities did not ask to have the boy held.

Oct. 25, 2004: The Crown announces it will seek an adult sentence for the boy on the McEvoy charges. He is remanded to the Nova Scotia Youth Facility in Waterville to await a Nov. 8 bail hearing.

Nov. 1, 2004: Justice Minister Michael Baker announces he wants tougher youth laws and will take his concerns to the federal justice minister.

Nov. 4, 2004: Ms. McEvoy’s family asks for a public inquiry into her death.

Nov. 8, 2004: The defence requests that the bail hearing and the boy’s plea to the charges be delayed until Nov. 17. The Crown drops 10 charges of violating a court order, saying they are no longer valid.

Nov. 10, 2004: Mr. Baker agrees to hold a "full, independent and public inquiry" into Ms. McEvoy’s death.

Jan. 21, 2005: The teen pleads guilty to charges of criminal negligence causing death and causing death while evading police. Federal Justice Minister Irwin Cotler agrees to look at toughening laws against auto theft.

June 7, 2005: The boy decides to change his plea to not guilty and fires his lawyer over a disagreement with the Crown on the version of events leading up to Ms. McEvoy’s death.

Sept. 23, 2005: The teen decides to stick with his original guilty plea.

Jan. 11, 2006: A Halifax judge decides to sentence the boy as an adult. Archibald Billard, now 17, receives 54 months in jail.

( http://www.halifaxherald.com/Search/)



McEvoy's killer could be out in 18 months
Adult sentence may mean less time in jail

By BRIAN HAYES / SUSAN BRADLEY Staff Reporters

The 17-year-old sentenced as an adult in the death of Theresa McEvoy could be out on the street in less time than if Judge James Burrill had treated him as a young offender.

Archibald (Archie) Billard was sentenced Wednesday to 54 months in the adult system but can apply for day parole within nine months and be eligible for mandatory parole after serving 18 months.

Had Judge Burrill sentenced Mr. Billard to the maximum three years as a young offender under the Youth Criminal Justice Act, the teenager would have served 24 months in custody at the youth detention facility at Waterville and eight under community supervision.

But after Mr. Billard completed his youth sentence, there would have been no further supervision of his movements. Under the adult sentence, even after he is eligible for parole, he will have to abide by court-imposed conditions for the rest of the 54 months.

When weighing the choices, the Crown considered the severity of the sentence as well as the length of supervision, prosecutor Gary Holt said Wednesday.

"We felt that the maximum youth sentence of three years wasn’t sufficient," said Mr. Holt, who asked for an adult sentence of six years.

Judge Burrill granted Mr. Billard one year’s credit for time spent in custody since the stolen car he was driving slammed into Mrs. McEvoy’s vehicle in October 2004. The one-year credit reduced the sentence to 54 months.

Mr. Billard can apply for day parole after serving one-sixth of his sentence, or nine months. Within 18 months, or one-third of the sentence, he can apply for full parole. After two-thirds, or 36 months, he can be released on mandatory supervision. He would still be under parole supervision for the remaining 18 months of his sentence.

Under the Youth Criminal Justice Act, Judge Burrill could sentence Mr. Billard to a youth detention facility until he turns 20. But at 18, he can apply to be transferred to an adult institution, or if he becomes hard to deal with, the institution can make the same application.

With the parole provisions of his adult sentence, Mr. Billard may not see the inside of an adult prison if he behaves himself at Waterville.

( bhayes@herald.ca) ( sbradley@herald.ca)

McEvoy killer gets adult sentence

By The Canadian Press

A teenage car thief whose vehicle struck and killed a mother of three while trying to elude police was sentenced Wednesday as an adult.

Judge James Burrill sentenced the 17-year-old to 4 1/2 years in jail, saying a shorter youth sentence wouldn't properly reflect the severity of the crime.

``You have caused great harm by the commission of your crime,'' Burrill told the teenager, who did not speak during the sentencing.

``You have caused immeasurable harm . . . and showed a total lack of respect for other members of your community.''

An automatic publication ban was placed on the teen's identity for at least 30 days, pending a possible appeal.

Theresa McEvoy, a teacher's aide, was driving in Halifax in October 2004 when her car was broadsided by the stolen car driven by the then 16-year-old teen.

The case caused considerable public outcry after it was learned the youth was released from custody two days prior to the fatal accident, despite a string of car thefts.

He pleaded guilty last year to criminal negligence causing death and dangerous driving causing death.

McEvoy, 52, died instantly when her station wagon was rammed as she pulled into a Halifax intersection.

The teenager told police he was so high from smoking marijuana that he had no idea how fast he was driving when he broadsided the car.

An inquiry begins Monday into the case. The Nunn commission will examine the youth criminal system and the role public officials played in the McEvoy case.

Family satisfied
sentence sends strong message

By BRIAN HAYES Court Reporter

It came down to accountability Wednesday when a Dartmouth teenager was sentenced as an adult to 54 months in custody for causing the death of Theresa McEvoy.

"You caused great harm and ended a life," Judge James Burrill told Archibald (Archie) Billard, who stood before him in Halifax youth court showing little emotion.

Judge Burrill admonished the 17-year-old for the anguish he caused Ms. McEvoy’s family and his own mother, who he said may "never be repaired."

The judge ordered the teenager to begin serving his sentence in the youth detention facility at Waterville, where he can stay until age 20 and a wide range of programs are available to him.

Mr. Billard pleaded guilty last year to criminal negligence causing death and dangerous driving causing death stemming from an Oct. 14, 2004, car crash in west-end Halifax.

Ms. McEvoy, a 52-year-old teacher’s assistant and mother of three, died instantly when the stolen Chrysler LeBaron that Mr. Billard was driving ran a red light on Connaught Avenue at Almon Street and broadsided her Toyota wagon at a speed of more than 100 kilometres per hour in a 50 zone.

"There are no winners in this case," Ms. McEvoy’s brother, Joe, said after the sentencing. "We are pleased that the young person has received an adult sentence. . . . We believe that an adult sentence is an appropriate denunciation of the acts which led to Theresa’s death.

"The family is satisfied. It is important that a strong message be sent that violent acts such as this will not be tolerated."

Mr. McEvoy said his family is also happy that the adult sentence served in a youth detention facility will give Mr. Billard a chance to participate in programs to improve himself.

"The next step in his life will be up to him," Mr. McEvoy said.

He noted that it has been 15 months since the court process began.

"Even with a guilty plea that was eventually confirmed, it has been very long and difficult," he said.

While the court dealt with criminal responsibility for his sister’s death, "there are many other questions . . . which still need to be answered," Mr. McEvoy said, alluding to the Nunn inquiry that will begin Monday to examine the circumstances leading to the woman’s death.

Crown attorneys Gary Holt and Eric Taylor said they also were satisfied with Judge Burrill’s ruling.

"We were asking for six years and we got 5 1/2," Mr. Holt said, allowing for the one-year credit the judge granted Mr. Billard for time spent in custody before Wednesday.

"Serving the sentence in a youth facility was never a contentious issue with us," he said.
Justice Minister Michael Baker said he thinks it’s appropriate that the teen was sentenced as an adult.

"When young people commit serious crimes, we need to have a system that provides for serious consequences," he told reporters after a caucus meeting Wednesday. "I think that Nova Scotians felt that this was an adult-style crime and it deserved that kind of treatment."

Mr. Baker said he hopes the sentence will bring some peace to the McEvoy family.
Mr. Billard’s divorced parents were in court for the sentencing but declined to speak to waiting reporters as they rushed out of the courthouse.

Earlier, when Judge Burrill ruled that he would sentence Mr. Billard as an adult, the teen’s mother wiped tears from her eyes with a tissue.

Judge Burrill spent nearly three hours summarizing the need for "a just sentence" that balanced accountability and meaningful consequences for Mr. Billard’s crimes against his rehabilitation.

For most of the sentencing, the teen, wearing a blue shirt and pants with white running shoes, sat slouched over on the prisoner’s bench with his head held up by his hands and arms resting on his thighs. Occasionally he rubbed his eyes.

Judge Burrill said he took care in crafting a sentence that took into consideration the Crown’s request that Mr. Billard serve six years as an adult and defence lawyer Warren Zimmer’s position that the teen serve three years in a youth detention facility.

"It’s a tragic and disturbing event that brought us here today," the judge said in noting that Mr. Billard was only 16 at the time of the fatal crash.

Judge Burrill noted that Mr. Billard acted in a "premeditated and practiced way" to put the public at risk to avoid police at the time of the collision. He said the boy admitted to police he was high on drugs at the time, and there were four other young people in the car.

Comparing the case to other convictions imposed for criminal negligence causing death, Judge Burrill said that in Mr. Billard’s case, "his moral blame and culpability is high."

He said the teen believed that if he drove dangerously enough, police would back off. Judge Burrill said a psychological assessment revealed Mr. Billard’s actions were "strategic and not impulsive" and that he searched for police to engage them in a chase for the thrill of it.

"He took pride in his criminal exploits," the judge said.

"I see an individual before me who has a lack of maturity."
But the judge said there is also a glimmer of hope for Mr. Billard. While on remand, he participated, though reluctantly, in counselling for mental health and education issues.

"I’m satisfied there continues to be serious deficits in his character that will take a long time to address," Judge Burrill said. But he said the teenager has taken "baby steps towards his rehabilitation."

He painted Mr. Billard as a troubled and out-of-control teenager whom his parents — and later, group homes — couldn’t cope with. But he said he believes the teen is remorseful.
Education has been a challenge for Mr. Billard because of his attention deficit disorder, the judge said.

Mr. Billard is banned from driving or possessing firearms for 10 years after his release and he must provide a DNA sample to a national data bank.

( bhayes@herald.ca)

Reaction

On Friday, January 13, 2006 Daily News Columnist Rick Howe’s healine reads:
This isn’t Justice McEvoy killer’s sentence too light
Reader’s Forum The Daily News January 14, 2006 at Page 13 Readers’ react under the headline:

Teen’s sentence too light

Writes Adam Durling:

Re: Fatal Joyride Nets Adult Sentence, The Daily News Jan. 12:

“The good news: The youth who took the life of a loving mother, affecting the lives of everyone around her, no longer has the right to be hidden from the public.
The bad news: Even though he is sentenced as an adult, he only gets 4 ½ years. If he behaves, he gets out after eighteen months. This is the perfect opportunity for the government to make serious changes to the Youth Criminal Justice Act and show that playtime is over….”

Jon C. Coates writes:

“Archie Billard should think about going on the quiz show: Let’s Make a Deal.
He received the deal of a lifetime when he was sentenced to 4 ½ years for causing the death of Theresa McEvoy….”

Commentary:
By
F. Stanley Boyd

After all of this is considered I am not sure that the McEvoy youth’s sentence was too light. The chronology in this case shows that there was reason to detain the youth but he wasn’t detained and two days later he causes a death.

Who is responsible for this, the youth?

Is it possible that the justice system also responsible?

Whose decisions not to detain placed this youth at the scene of the death?

Would there be a death had the youth been detained?

Would Theresa McEvoy be alive today?

Is it my imagination or is it the justice system itself that is on trial here?

It becomes increasingly interesting as to what the justice system will do in the case of the youth being held now in the death of Mr. Purcell, the Dartmouth cabbie. This is another case of the same kind.

After this reaction, do you think that the black youth, charged in the death of Mr Purcell, will do big time, if he is found guilty?

In the interest of doing a crude opinion poll I would appreciated if you could reply in the form of an email with YES in the subject line if you think the youth in Purcell case should be sentenced in the same matter as the youth in the McEvoy case (as an adult with the same length of sentence) or NO if you think he should get a longer sentence whether tried as a youth or as an adult.

How you decide will be protected just the totals will be reported on this blog on January 30, 2006. Send your verdicts to me as soon as possible at:

fsjboyd@yahoo.com

38,000 Die Each Month in Congo

The Halifax Chronicle Herald. Jan. 7, 2006 page A8

38,000 die each month in Congo

The Lancet study said the deaths counted were "excess" deaths that would not have occurred if the situation in Congo were normal.

Rampant disease has created "world’s deadliest humanitarian crisis" study

By TODD PITMAN The Associated Press

DAKAR, Senegal — War-ravaged Congo is suffering the world’s deadliest humanitarian crisis, with 38,000 people dying each month mostly from easily treatable diseases, a study published Friday in Britain’s leading medical journal said.

Nearly four million people died between 1998 and 2004 alone — the indirect result of years of ruinous fighting that has brought on a stunning collapse of public health services, the study in the Lancet concluded.

The majority of deaths were due to disease rather than violence, but war has cut off or reduced access to health services for millions in the impoverished country the size of Europe.

Most deaths reported were due to "preventable and easily treatable diseases," the study said. Malaria, diarrhea, respiratory infections and malnutrition topped the list.

Major fighting ended in Congo in 2002 but the situation remains dire because of continued insecurity, poor access to health care and inadequate international aid. The problems are particularly acute in eastern Congo.

"Rich donor nations are miserably failing the people of (Congo), even though every few months the mortality equivalent of two southeast Asian tsunamis plows through its territory," the study said.

Backed by about 15,000 UN peacekeepers, Congo’s government is struggling to re-establish authority across the country ahead of elections expected later this year, the first in decades. Militiamen still roam huge swaths of the east, formerly controlled by several different rebel groups whose leaders have been allotted top government posts.

The study was based on a survey of 19,500 households across the country of 60 million between April and July 2004. Health Ministry workers and staff of the aid group International Rescue Committee conducted the interviews.

The results showed Congo’s monthly mortality rate was 40 per cent higher than the average for sub-Saharan Africa — 2.1 deaths per 1,000 people, or the equivalent of 1,200 fatalities per day, compared with a continental average of 1.5 deaths per 1,000.

Mortality rates were highest in Congo’s eastern provinces, which have been wracked by fighting and lawlessness for a decade. There, death rates were 93 per cent higher than the sub-Saharan Africa average.

"The persistently high mortality in . . . Congo is deeply disturbing and indicates that both national and international efforts to address the crisis remain grossly inadequate," the report said.

The survey is the fourth of its kind conducted in Congo, Africa’s third-largest country. The International Rescue Committee conducted three earlier surveys, the last of which in 2004 said that six years of conflict had claimed 3.8 million lives, mostly due to disease and food shortages.
Congo’s government dismissed the report.

"I consider that a big lie," said Information Minister Henri Mova Sakanyi. "These figures are very exaggerated. All over the world, people die of disease, it’s not just Congo.

"It’s known that (aid) agencies have often played with the figures . . . to get financial support," the minister added.

The Lancet study said the deaths counted were "excess" deaths that would not have occurred if the situation in Congo were normal.

Much of Africa has grappled with conflict or natural disaster — drought-induced food shortages in Niger last year, fighting in Sudan’s Darfur region and in northern Uganda. But Congo "remains the world’s deadliest humanitarian crisis," the study said.

"Improvements in security and increased humanitarian assistance are urgently needed." Congo suffered back-to-back wars: The first was in 1996-1997 when Rwandan-backed rebels swept the country to overthrow dictator Mobutu Sese Seko. A second 1998-2002 war sucked in the armies of half a dozen African nations.

Fighting led to mass displacement and a collapse of public health services, rights abuses and an increase in rape. Some remote areas are still cut off from contact with the outside world.

The study can be viewed in full on the web at:

http://www.thelancet.com/

comment:

By

F. Stanley Boyd

The heroic hotelier in the acclaimed film "Hotel Rawanda" puts the issues in Africa in a context when in a recent interview with Catherine Monk of The National Post he said:

"Behind every African country, there is a superpower... propagating a certain reality, and empowering a given regime."

Mr. Rusesabagina, pictured above, points to the lingering wars and unrest in Congo, Sudan, Burundi and Ivory Coast as current hot spots, and the entire continent is suffering he says.

"That's why I am here,' meaning in Canada. 'I am the messenger."

The suffering and the stakes are too high for the West to hide from the reality of its imperialism and that reality is the difference between life and death in Africa.