‘Conning The System’

Exploiting the racial bias in Canadian sentencing:
‘Man behind violent jewelry store heist delays sentencing at last minute by telling court his mother is Cherokee’ 

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“Just when he was supposed to be sentenced for a violent jewelry store heist, Wallace Piercey surprised everyone with a branch on his family tree.

“Piercey’s mother, Ontario Court Justice Michael O’Dea was told, is Cherokee — a fact he hadn’t told his defence lawyer, the Crown or the probation officer who wrote his pre-sentence report.

“That little detail was enough to require a so-called ‘Gladue’ report, a specialized pre-sentence report {only} for ‘indigenous’ {‘Siberian settler’} people.

Waiting for the report could delay his sentencing for months. The judge couldn’t hide his skepticism about why Piercey had exercised his Gladue ‘rights’ {‘Privileges’ would be more accurate}, suggesting the longer the sentencing takes, the less time Piercey will have left to serve since time spent in custody before sentencing counts more heavily than time in custody after sentencing.

“I have to be quite blunt,” O’Dea said. “Having regard to the pre-sentence report that I read, I find it just incredible that the system can go this long without the accused identifiying his mother’s status.”

My suspicion is he’s hoping that by the time he gets to sentencing, his pre-trial custody will cover it.”

“The judge questioned how such a detail could escape notice…

“He’s been assessed by a probation officer. He never mentioned it before. What is his connection to his native culture?” O’Dea asked.

“That’s what the report will tell me,” defence lawyer Aaron Prevost said.

“Prevost told the judge he’d just found out about Piercey’s maternal heritage during an interview in the St. Thomas courthouse cell block moments before he was supposed to start the sentencing hearing {And we’re supposed to believe this…}.

“Piercey is facing a hefty sentence after pleading guilty in June to robbery, assault causing bodily harm and forcible confinement for the Feb. 1 robbery at ‘B & L Jewelry’ in St. Thomas. 

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PHOTO: Ian McCallum, Postmedia Network

“While the facts of the case still need to be presented in court, the police said at the time of the robbery that a store employee was punched in the face before the robber jumped the counter. He continued to assault her, then tied her arms and legs with zip-ties and put duct tape over her mouth.

A customer, another woman, entered the store and was assaulted, then pushed into a back room. She escaped and called the police, but not before the robber had scooped up his loot and left.

“Piercey was arrested in London the next day and has been in custody since…

While Piercey’s mother claims an ‘indigenous’ heritage, his father is Scottish. Piercey, 40, wasn’t aware of the ‘Gladue’ principles for ‘First Nations’ offenders and had been visited at the ‘Elgin-Middlesex Detention Centre’ (EMDC) by a tribal elder, Prevost said {Which means that he WAS made aware…}

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“The {discriminatory race} law, named after a ‘Supreme Court of Canada’ case, is clear. Aboriginal offenders are entitled to a report that explores their connection to ‘First Nations’ society and the ‘systemic factors’ of discrimination and ‘racism’ such as residential schools, physical or sexual abuse, displacement and addiction.

“The law aims to address the ‘over-representation’ of ‘indigenous’ people in the criminal justice system {due to their ‘over-representation’ in criminal activity} and gives judges some discretion in sentencing.

“Assistant Crown attorney Lisa Defoe said she was concerned that if the sentencing had gone ahead Wednesday, it would be easily appealed because his {Racial} rights weren’t recognized.

“The Crown is not in a position to oppose,” she said.

{In Canada, Race law overrules natural justice…}

While Piercey waits for his sentence, he’s racking up “dead time” at the ‘Elgin-Middlesex Detention Centre’ that will be credited to his sentence, at a rate of 1.5 days for every day he’s been behind bars {Another ridiculous aspect of so-called Canadian ‘justice’…}.

“Prevost told O’Dea it would take six weeks to get a report finished and would likely have to be done by a ‘Gladue’ writer {‘Race advocate’} based in London, where there’s a designated {segregated} court once a week for ‘First Nations’ people. There’s no ‘Gladue’ writer in St. Thomas.

“But that timeline might be optimistic. This week, St. Thomas defence lawyer Keli Mersereau, a vice-president with the ‘Criminal Lawyers’ Association’, said wait times for ‘Gladue’ reports in London are at least three months. And it’s necessary to allow the writers to collect all the information contained in what are usually 20-page reports.

“Should Piercey’s report take that long, his extra three months in jail translates into four-and-a-half months off his sentence.

If his sentencing doesn’t happen until February, a year after the robbery, he can expect a ‘credit’ of 18 months off his sentence.

“O’Dea said the last-minute adjournment was another example of how the justice system falls apart so quickly while the victims, who weren’t in court,

“want to get on with their life.”

“He ordered the case return to St. Thomas on Oct. 18 to get an update on the timeline for the report.

“This will be the last adjournment,” he said.”

–‘Man behind violent jewelry store heist delays sentencing at last minute by telling court his mother is Cherokee’,
Jane Sims, Postmedia Network, September 29, 2016

http://news.nationalpost.com/news/canada/man-behind-violent-jewelry-store-heist-delays-sentencing-at-last-minute-by-telling-court-mother-is-cherokee

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See also:
“Media reports have described Christine Mequish as “among the most dangerous women in the country”, a convicted killer with a record that includes 25 violent crimes since 1984. Last April, following an armed robbery conviction in La Tuque, Que., the 58-year-old was declared a dangerous offender — just the fourth Canadian woman ever designated as such.

“But while noting her “brutal behaviour” and the likelihood that she will again cause “death, serious abuse or serious psychological harm to other people”, the sentencing judge stopped short of ordering the indeterminate sentence requested by the Crown.

“The reason for the lighter sentence: Mequish is an aboriginal…”

–‘The Folly Of ‘Gladue’ {August 28, 2016}:
https://endracebasedlaw.wordpress.com/2016/08/28/the-folly-of-gladue/
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Here’s a classic example of how RACE BASED LAW works to everyone’s detriment…

“Last Saturday night, Darrell Moosomin walked away from prison.

“Classified as a dangerous offender, the 54-year-old had been serving an indeterminate sentence in a minimum-security ‘First Nations’ Healing Lodge in central Alberta. Over the weekend, he was granted permission to attend a powwow ceremony under the supervision of an elder.

“He was reported missing at 8:45 p.m. that night…

“According to parole documents, Moosomin’s past offences include several sexual assaults, holding a knife to a man’s neck and threatening to kill him, and beating another man so badly that one of his legs needed to be amputated.

“Court records show he also held a woman hostage, beat her with multiple objects and repeatedly raped her. He then suspended her from a rope until she lost consciousness, lifting her up at the last minute to save her life.”

–‘Undermining Public Safety’ {August 21, 2016}:
https://endracebasedlaw.wordpress.com/2016/08/21/undermining-public-safety/
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‘Guess Who Likes Two-Tiered Justice?’ (Aboriginal Courts) {March 29, 2016}:
https://endracebasedlawcanadanews.wordpress.com/2016/03/29/guess-who-likes-two-tiered-justice/

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‘What Happened To Legal Equality?’ (Gladue) {June 1, 2015}: http://endracebasedlaw.net/what-happened-to-legal-equality/

‘Judge Gives No Jail Time’ (Two-Tiered Justice) {February 16, 2015}:
https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/598045206964383/?type=1

‘Doing The Crime, But Not The Time’ (Widdowson) {December 1, 2014}:
https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/567640893338148/?type=1
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