Winnipeg Free Press (Newspaper) - January 28, 2015, Winnipeg, Manitoba
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B 2 WINNIPEG FREE PRESS, WEDNESDAY, JANUARY 28, 2015 CITY winnipegfreepress. com
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W INNIPEG police need to answer
accusations of " scandalous"
procedures that violated a
teen's charter rights after his acquittal
for manslaughter and criticism by a
judge, a prominent ethicist says.
Prof. Arthur Schafer, director of the
University of Manitoba's Centre for
Professional and Applied Ethics, said
Tuesday someone should be held responsible
after the judge hearing the
case ruled not only did police violate
the youth's charter rights,
but there was no evidence
he committed a crime.
" Our chief of police
should be held accountable
to answer a number of questions,"
Schafer said.
" It's not every day or
every week, but a number of
times cases are thrown out
because police are violating
the constitutional rights of
suspects... it looks as if it's
not isolated, but systemic.
Do we train police properly?
" Do they understand the implications to
the justice system if they violate rights?
" To deprive someone of their liberty
for almost two years when there is no
evidence - that's scandalous. What an
abuse of process."
A Winnipeg police spokeswoman
said the force wouldn't comment on the
judge's decision.
Schafer made the comments shortly
after Manitoba Court of Queen's Bench
Justice Shawn Greenberg acquitted a
17- year- old of manslaughter.
The teen, who can't be named because
of his age, had been charged in
connection with the death of Braden
Bjornson. He spent a total of 22 months
in pre- trial custody.
Bjornson, 20, was assaulted on June
29, 2012, and was found lying on a North
End lawn. He died seven days later.
Last year, the teen's co- accused, Keagan
Denzel Dick, 20, pleaded guilty to
manslaughter and was sentenced to
seven years in prison for killing Bjornson
with a single punch.
Court was told Bjornson was assaulted
when a drug deal with Dick
turned violent.
Greenberg, in a 25- page written decision,
said police investigators' charter
breaches " were serious," so she had
to exclude the teen's shoes and T- shirt
from evidence. The Crown argued
Bjornson's blood was on one of the
shoes. Without that evidence, there was
no case against the youth.
" They were not technical breaches,"
the judge said. " There was a complete
disregard of the accused's rights."
Greenberg said police officers
didn't tell the teen he
could call a lawyer when
they considered him a suspect,
they didn't videotape
any of the four interviews
they had with him over five
hours, they got only verbal
permission from the teen
to test blood found on his
clothes, and while one of the
officers spent 112 minutes
with the teen in an interview
room, he wrote only
four pages of notes.
" The conduct of the police is such that
the court should be concerned about distancing
itself from it," Greenberg said.
After receiving the judge's decision and
conferring with family members of the
deceased, Crown attorney Brent Davidson
asked the judge to stay the charge.
But Greenberg decided to enter an
acquittal instead.
" It seems to me he is entitled to be
able to say he is not guilty. There was
no evidence against him," the judge
said. " Even had I admitted the shoes,
there was not any evidence for a manslaughter
conviction."
Defence counsel Wendy Martin White
said the teen was " happy and relieved.
" For a youth barely 15 when the offence
happened and now 17, it was a
really stressful process. Our client was
simply a witness to an unfortunate incident.
We are grateful ( the judge) wanted
that part clearly on the record."
kevin. rollason@ freepress. mb. ca
Dog killed in home invasion
A family's pet Labrador named Lucky
was shot and killed during a home
invasion early Tuesday morning in
the North End.
Police said the incident occurred
around 4 a. m. in the 200- block of Mc-
Adam Avenue when four armed men,
their identities concealed, forced their
way into the house. Police said the
dog was shot during an attempted robbery.
No other injuries were reported.
A recently widowed woman and her
two sons live in the modest two- storey
home. The woman's daughter, who
does not live in the home, was at the
house on Tuesday afternoon to support
her mother and brothers, but said
her mother did not want to speak to
the media. The daughter said the dog
was about five years old.
A concerned neighbour, who did
not want her name published, said
another neighbour is suspected of
breaking windows recently in the
house and cutting cables to a satellite
dish the family used to have mounted
on the roof.
The neighbour said police recently
followed home one of the two men who
live at the home and waited outside
for some time.
Murder appeal rejected
THE province's highest court has
rejected an appeal by a man convicted
in the brutal deaths of two city street
gang members.
Justice Alan MacInnes, along
with Justices Holly Beard and Marc
Monnin, of the Manitoba Court of
Appeal, said they could find no errors
by Court of Queen's Bench Justice
Robert Dewar that would cause them
to overturn Kenneth Roulette's two
first- degree murder convictions.
" In my view, his decision is correct
and certainly not so clearly wrong as
to amount to an injustice," MacInnes
wrote in a 35- page decision released
on Tuesday.
Jesse Henderson and Dennis Baptiste
were beaten and stabbed to death
inside a suite at 729 Maryland St. on
Jan. 31, 2009.
The pair, both 23, were members of
the Mad Cowz street gang, and prosecutors
argued the double slaying was
planned and carried out for money.
It took a jury less than five hours in
Sept. 2013 to find Roulette guilty of
the two slayings.
Anti- racism site underway
THE City of Winnipeg will launch
a website to solicit ideas on how to
counter racism.
Mayor Brian Bowman told a local
radio station Tuesday the creation
of the website 1Winnipeg. ca was
spurred by last week's Maclean's
article branding Winnipeg the most
racist city in Canada.
Bowman was not available for
comment, but a spokeswoman for
his office said the website, still in
development, is dedicated to " ideasharing
and to furthering the dialogue
the mayor has already begun with the
most influential and positive individuals
and organizations from all sectors
of the city, and who are leading
the nation to make a difference in our
community."
The spokeswoman added one of the
objectives of 1Winnipeg. ca is to collect
suggestions on " how our city can
work collaboratively as a community
to work towards eradicating ignorance
and intolerance in Winnipeg, and
lead our nation forward in inclusivity,
equality, and love for one another."
There is no indication when the new
website will go live.
ER delays prompt penalties
WINNIPEG ambulances continue to
be tied up at city hospitals waiting for
patients to be admitted.
The delays cost the Winnipeg
Regional Health Authority $ 1.44 million
in penalties, paid to the Winnipeg
Fire Paramedic Service at the end of
November.
An administrative report to Friday's
protection and community services
committee states Winnipeg ambulances
spent an extra 1,000 hours
waiting at city hospitals for the month
of November, and more than 12,000
hours for the first 11 months of 2014.
The city charges the WRHA a
penalty of $ 119 per hour when ambulances
are waiting at city hospitals for
longer than 60 minutes.
In 2013, the city dinged the WRHA
almost $ 1.5 million in penalties for
what's known as off- load delays. For
the first six months of 2014, the penalty
totalled more than $ 838,000.
Staff from the WFPS have been
meeting health authority officials to
come up with strategies to reduce the
off- load wait times.
The WFPS is considering increasing
the penalties. Other strategies
include transporting patients with
minor ailments to emergency rooms
that aren't as busy.
- staff
UNIVERSITY of Manitoba students
and staff chanted, marched, hurrahed
and booed on cue Tuesday, and even
briefly exercised their right to attend
the board of governors meeting.
Matthew Brett, representing the
Canadian Federation of Students, repeatedly
bellowed " Stop the" and the
crowd bellowed right back " Cuts!"
None of the protesters knows
exactly what will be cut.
Four per cent of overall spending
at the U of M in 2015- 2016 is on the
chopping block, as well as another
four per cent of spending in 2016-
2017. And protesters know the pain
won't be shared across the board - it
will be much worse for some departments
and programs than for others.
" We'll see further assaults on our
accessibility to education," grad student
and teaching assistant Jen Black
told the crowd. She said TAs expect
to work with much larger classes,
without any increase in pay or any
extra help. " Our members will work
more unpaid hours," she said.
Several speakers accused the university
of making program cuts instead of
looking at its spending priorities.
Said Prof. Thommy Kucera,
president of the U of M Faculty Association,
" The university needs to
review how it spends the money it
does have. National advertising campaigns
and more vice- presidents are
not good choices."
Kucera said it's likely specific lists
of cuts have yet to be made.
Graduate Student Association
president Laura Rempel said professors
who retire or die are not being
replaced. " Would you rather invest
in advertising campaigns or in goodquality
professors?" she asked.
Brett primed the rallying horde
with: " The university is going to
push as hard as it can and we need
to push back."
Zac Fleisher, the CFS Manitoba
representative, said students and
staff believe the university is doing
well on investments.
There is anecdotal talk about students
being turned away from courses
because they're not profitable,
and speculation the university will
try again to persuade the province
to allow it to jack up tuition fees in
professional schools.
People are also worried about
how much grant money the cashstrapped
provincial government will
provide, and just who will be making
the decisions after the March 8 NDP
leadership vote.
nick. martin@ freepress. mb. ca
Police breached
youth's rights,
judge rules
Teen acquitted of manslaughter
By Kevin Rollason
In Brief
Braden Bjornson
Protesters rally against cuts
PHOTOS BY PHIL HOSSACK / WINNIPEG FREE PRESS
Staff and students gather at the U of M's engineering faculty atrium Tuesday to protest funding cuts at the university.
By Nick Martin
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