Toronto Star

‘We’re just all pawns in the show’

As COVID-19 shuts down trials, victims say they feel forgotten by courts

- BETSY POWELL COURTS BUREAU

Lisa Freeman and Catherine Riddell don’t know each other. But both women believe the justice system has failed them during the COVID-19 pandemic, victimizin­g them all over again. Freeman is still reeling from the fact that not only did social distancing restrictio­ns keep her from attending last month’s remote parole hearing for the man who bludgeoned her father to death in Oshawa almost 30 years ago, she wasn’t allowed to participat­e virtually. “I had mentally prepared myself through the winter to face this guy,” Freeman said last week from her home in Osha- ww wa. “I was 21 when my dad was ww killed. I identified his body at the morgue — he was axed to t death, so you can imagine what my life has been. “He’s been incarcerat­ed for 29 years, so I know my opportuni- yy ties to face him are getting reduced,” she added. “Never would I have thought … a global ww pandemic would affect all of this.” Riddell, meanwhile, spent her winter getting ready to go to ww court to face Alek Minassian, a the man who drove a rented van into pedestrian­s on Yonge Street on April 23, 2018, killing 10 people and injuring 16 others, 11 including Riddell, a lifelong North York resident. It took a lot to prepare just for “the thought of going to a courthouse for the first time,” Riddell said. She had even postponed surgeries to her injured hip and knee— enduring extra pain after two months in hospital — so she could attend the trial at a downtown Toronto courthouse. But then COVID-19 shut down all trials, including Minassian’s judge-alone case set for April. Ridell has been told it might go ahead in November — “but that’s tentative,” she said. Adding to her frustratio­n is the fact the trial had already been postponed several times to determine if Minassian’s mental state made him criminally responsibl­e for the carnage. Even before the pandemic, the trial had been due to start two years after the attack. “To me that alone is unacceptab­le,” she said. “I’m, can I say, pissed? I’m really angry about it,” said Riddell, almost 70. On the phone, she aa sounded energetic, friendly and upbeat, frequently erupting with laughter, despite the situa- ww tion. “I can only talk about my personal experience­s in this case, but I know it applies in all cases, we don’t matter ... justice is a ww game,” she said. “It’s a contest g between defence and prosecutio­n and who can outwit each other, and we’re just all pawns in the show.” Victims of crime often feel their interests have been ignored and that the criminal process itself exacerbate­s their trauma, said Aline Vlasceanu, executive director of the Ottawa- based Canadian Resource Centre for Victims of Crime. “Victims have always been in this position, the pandemic is simply highlighti­ng an imperfect system,” Vlasceanu wrote in email.

The public health emergency has also underscore­d that crime victims have no recourse if their rights are infringed. The Canadian Victims Bill of Rights, made law in 2015, is “a great start” but doesn’t have any teeth, she added.

“This creates an imbalance as offenders have very real, legislated, enforceabl­e rights.”

Freeman feels she has been denied her statutory right to participat­e in the criminal justice process.

Last fall, the Parole Board of Canada notified her that John TTTerrence (Terry) Porter had ap- plied for day parole at a hearing with a date to be announced. In March, she learned it was scheduled in early April at the William Head Institutio­n in B.C. She wrote and submitted a victim-impact statement about vv the anguish of losing her father tt in 1991. Roland Slingerlan­d was 58 when Porter bludgeoned him to death in an Oshawa rooming housing after going there to hunt down a woman he had earlier beaten. Slingerlan­d was minding the home for the ww owner, who was away. o Porter was convicted of firstdegre­e murder and sentenced to life imprisonme­nt without parole eligibilit­y for 25 years. Freeman also booked a plane ticket to Victoria for the hearing —using her vacation time from her job as a nurse at a longterm- care facility. Then the pandemic hit. She soon received word that due to COVID- 19, penal institutio­ns were V closed to visitors, so no “observers” — a term she finds offensive as a victim — would be allowed to attend the April 3 hearing. She sent a flurry of letters and emails to the parole board and correction­al officials urging them to include her, or postpone it until it was safe for all parties to attend. As a victims’ advocate, Freeman says she is aware of “countless” of other crime victims who were also unable to attend parole hearings.

She was told an offender has a legislativ­e right to have a hearing six months after his parole applicatio­n.

The Parole Board of Canada confirmed in an email to the Star that “legislated time frames” meant the hearing couldn’t be postponed.

The hearing came and went; “I wwwasn’t there, he was granted day parole,” Freeman said. She received a written decision and audio recording after the fact.

While an audio recording of her victim-impact statement was read at the hearing, Freeman feels her voice wasn’t heard.

“This was my opportunit­y for him to listen to me and face me,” she said.

“This pandemic will end, my opportunit­y is gone forever. What is even worse, in six months time the parole board has authority to grant full parole without a hearing, so I will miss that opportunit­y again,” she said.

“It’s retraumati­zing and revictimiz­ing and it’s just so unfair.”

 ?? RICHARD LAUTENS TORONTO STAR ?? Lisa Freeman feels she is one of the forgotten victims of COVID-19 after social distancing restrictio­ns prevented her from attending a parole hearing for the man who bludgeoned her father to death in Oshawa almost 30 years ago.
RICHARD LAUTENS TORONTO STAR Lisa Freeman feels she is one of the forgotten victims of COVID-19 after social distancing restrictio­ns prevented her from attending a parole hearing for the man who bludgeoned her father to death in Oshawa almost 30 years ago.
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