September 19, 2008

Letter to the Editor:

I read the report in today’s paper of a police officer calling a radio talk show and complaining that plea bargains and lenient sentences had led him and other officers to suffer a loss of faith in Attorney General Oppal. To this the Attorney is said to have replied that the police frequently blamed others for their own lackings. A police union spokesman then expressed shock at the Attorney’s statement.

On this one I am with the Attorney General. As a generalization, from my 35 year of experience as a lawyer, police thinking is that if a charge is dismissed it is never the fault of the police who gathered what turned out to be inadequate evidence. Rather, the police claim that the fault lies with Crown Counsel who did not adduce the available evidence needed for success. That there is finger-pointing and blame is perhaps not surprising given the high expectations we all have for success in court, but it is counterproductive to our shared goal of making things better.

I am often astounded at police officials who throw the court system into disrepute by criticisms of decisions, when they should be looking at what part they too can play in improving the timely and effective administration of justice. Our system of justice is valued by every other country in the world, and we all are diminished when there is disrespect among those who should be working together to improve it.

Sincerely,

F. Kenneth Walton
Past President
Canadian Bar Association BC Branch

[posted September 19, 2008]

Past President F. Kenneth Walton
September 19, 2008
Letter to Editor

Mr. Walton's letter was published in the Times Colonist (Victoria) on September 23, 2008.

Cops make mistakes 'on daily basis,' Oppal says
Attorney-general causes a row by rebutting police complaints on sentencing
Chad Skelton, Vancouver Sun
September 19, 2008