Islanders wondering just what happened in the Haida Gwaii woods

An unusual tale of violence is coming out of the Queen Charlottes as a trio of Islanders were charged with a number of offences, two of whom appeared in Prince Rupert court this past week to answer charges stemming from a various assault in the woods of Haida Gwaii in the early hours of May 23rd.

The third a male juvenile was released into the custody of family members, a situation that has been the topic of much discussion on the Charlottes over the last week. Leading local MLA Gary Coons to press for the justice system to provide vigilance on the issue and for British Columbian’s to learn more about the provisions of the planned amendments to the Youth Criminal Justice Act and advise their federal representatives and the government in Ottawa about how they feel about the Act and any changes planned for it.

The Daily News attempts to put together the details on the incident with an article in Thursday's paper which explains how the incident has left many Islanders concerned and full of questions.

Alleged assault sends chill through Islands
Police believe man was tortured by three assailants
By Kris Schumacher
The Daily News
Thursday, June 05, 2008
Page three

Residents of Haida Gwaii are still reeling from the news of an alleged vicious assault in Queen Charlotte City two weeks ago that reportedly left a 25-year-old man beaten, tortured and tied up naked in the woods.

The man alleges he was brutally accosted by three men in the early morning hours of May 23, and says in addition to the beating, his assailants attempted to hang him.

Queen Charlotte RCMP received a report of the assault at approximately 3 a.m. on the Friday morning, and with the assistance of the RCMP Serious Crime investigators and armed with search warrants, officers quickly gathered evidence and arrested three male suspects believed to have been responsible for the attack.

Two of three suspects charged were transported to Prince Rupert on May 27 and appeared in court Mon. June 2.

Michael Peterson and Jimmy Lavallee, both of Queen Charlotte City, face charges of kidnapping, forcible confinement, uttering threats, assault causing bodily harm, and theft.

They are next scheduled to appear in Prince Rupert Provincial Court on Mon. June 9.

The third suspect is a male youth who was released into the custody of family members, a decision that left the alleged victim and others in the community questioning the decision.

North Coast MLA Gary Coons has received letters from constituents on the islands expressing concern that a suspect accused of such serious crimes could be released into the custody of his parents and not be held until his trial.

“I feel horrible for his parents; however I’m a parent myself and am concerned for the safety of my children , friends and neighbours,” said one concerned citizen in a letter to Coons.

“We no longer feel a sense of security with this young man free.. (the victim) shouldn’t have to be scared to leave his home, he’s been through enough.”

Coons said the incident is very disturbing, and although the judge’s decision to release the youth suspect was felt by many to be inappropriate, he feels that the conditions of release must be strictly enforced.

“Clearly, public safety must come first, and the community deserves assurances it is the number one priority,” said Coons.

“The RCMP must be vigilant to ensure that all conditions are met, and any breach of those conditions must result in immediate consequences. This horrific crime must be dealt with seriously and those already in custody must remain so until this is sorted out and dealt with in the courts.”

The MLA pointed out that Bill C-25, An Act to Amend the Youth Criminal Justice Act, is currently in the House of Commons, and if passed would strengthen the provisions of the Act on pre-trial detention and sentencing.

Bill C-25 has already passed first and second readings and is now before a Justice and Human Rights Committee.

The amendments to the YCJA for pre-trial sentencing would add several additional circumstances under which a judge may order that a young person be held in custody before their trial, including when they are “charged with committing an offence that endangered the public by creating a substantial likelihood of serious bodily harm to another person.,” as well as, “when there is substantial likelihood that the young person, if released from custody, commit a violent offence or an offence that otherwise endangers the public by creating a substantial likelihood of serious bodily harm to another person.”

“This is an opportune time for the public to study the legislation, especially as it relates to the Nunn Commission’s recommendations which resulted in a public inquiry into the YCJA, a let our federal politicians know where we stand,” said Coons.“I know I will do my due diligence and study this legislation.”

A rocky patch for justice on the westward side of the Rockies

"I have no details. I have never been questioned by the RCMP. I only became aware today that I am part of that investigation," John Les after stepping down as the Solicitor General for the Province of British Columbia on Friday.

It's been a rough couple of days for the justice system in British Columbia this week, there was the refusal of the RCMP to release details into a report into the use of Tasers, a fair portion of which took place in the province. It's a refusal that is apparently being given a second thought by the Mounties, in the light of a bit of protest to their decision.

Mid week came news that a BC Judge had decided that the RCMP had not provided enough proof that a full patch member of the notorious Hells Angels had been acting on behalf of a criminal organization. Acquitting him of charges of drug trafficking.

Madam Justice Anne MacKenzie of B.C. Supreme Court in her decision, suggested that the Crown had prosecuted David Francis Giles, based far too much on speculation and not enough on fact.

The decision sidelined a two year investigation, that cost more than 10 million dollars to conduct, and while it didn't quite declare the Hells Angels to be in the league of the Boy Scouts, it did seem to lift the burden of guilt on them in this instance. While it is described as merely a setback in the pursuit of justice when it comes to organized crime, it's none the less and expensive one both in financial terms and in image.

The decision by Madam Justice MacKenzie has been greeted with chagrin by many British Columbians and has once again caused Canadians to wonder about what the courts are doing on the far side of those Rocky Mountains.

So while the province digested a cone of silence on Tasers and an expensive bit of frustration in prosecuting reputed criminals, the week ended with the province's top cop John Les stepping down from his position. This after it became public that he had been under investigation for nine months now, over a controversial land deal back when he was mayor of Chilliwack.

The CBC reported on Friday that a special prosecutor Robin McFee had been appointed on June 28, 2007, to oversee the RCMP investigation involving Les and an undisclosed number of former municipal officials in the Fraser Valley community. Les said that he was unaware of the investigation until the CBC advised him of it on Friday.

The Premier issued his own take to the press on Saturday advising that he was not aware that his Solicitor General had been placed under investigation until 5:30 on Friday afternoon. He did however support Les' position that he must withdraw from his position until the investigation runs its course.

It makes for an interesting scenario as pointed out by the Vancouver Sun's Vaughn Palmer, "of Les overseeing the police for almost a full year while he was under investigation by the police."

Clearly the issue should have been brought out into the open in June of 2007, at which time the Solicitor General could have resigned his office until the investigation was complete.

While he has done the right thing by stepping down once the issue was made public, the proper thing would have been to have this brought out into the open when it began, avoiding any semblance of potential political interference.

Les is confident that his name will be cleared and at that time he will be free of course to return to his duties. Perhaps his first duty if and when he is reinstated, will be to provide less fuzzy guidelines for the special prosecutor on these high profile cases. Especially when it comes to investigating high political office holders and making sure that the goal of transparency is the main operating procedure in place.

In a week which saw the justice system take a few hits, having its top law administrator step down hasn't exactly been the kind of reassuring move that is required for an increasingly cynical public.