Pubdate: Fri, 10 Jan 2014
Source: Vancouver Sun (CN BC)
Copyright: 2014 The Vancouver Sun
Contact: http://www.canada.com/vancouversun/letters.html
Website: http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Ian Mulgrew

LIFELONG CRIMINAL, ADDICT NEEDS MORE THAN JUST ANOTHER STAY IN PRISON

A 57- year-old habitual criminal and addict is the latest 
illustration of what is wrong with Ottawa's stiffen-the-rod approach 
to crime fighting.

Douglas McPherson has been a nuisance in Victoria for most of his 
adult life - 20- odd convictions for robbery, breaking and entering, 
and other property related crimes.

Yet despite his lengthy record of recidivism, the B. C. Court of 
Appeal recently refused a Crown request to substantially increase his 
prison sentence for bank robbery.

"This is a case involving no violence, except for an implied threat 
that accompanied the demand for money," Justice Elizabeth Bennett 
said. "The sentence of 3.5 years, along with three years of 
supervised probation, is within the range of sentence for this 
offence in these circumstances, and takes into account his long 
criminal history."

McPherson is typical of the revolving-door offenders who commit a 
great portion of our crimes, cause most of the public disorder, and 
drive up policing and corrections costs because of their addictions 
and mental health problems.

Like many addicts, he has not committed crimes of overt violence or 
weapons offences - he steals to feed a heroin habit that could be 
legally supplied for pennies. Instead of being supervised by social 
workers and treated by public health nurses, he has been incarcerated 
for tens-of-thousands more in taxes for 22 of the past 25 years!

It has done nothing except institutionalize him.

In this instance, on Dec. 23, 2011, at 3 p. m., McPherson walked into 
a Victoria Bank of Montreal branch - one he had robbed before - and 
waited for a teller.

Police had been tipped off ( probably by McPherson himself), were 
following him, and watched as he told the teller: "Don't close your 
drawer, and give me all your money."

She thought he was joking and laughed.

"Don't close the drawer, give me all your money, now," he repeated. 
"I'm serious, keep it quiet." The clerk gave him $ 1,745. His idea of 
a getaway was to stroll across the street and bum a cigarette.

McPherson was immediately arrested and explained he wanted to go back to jail.

After 18 months in pre-trial custody, he pleaded guilty last summer 
and was sentenced to a further two years less a day imprisonment 
followed by three years' probation.

In line with the dominant law-and-order mood, the Crown argued on 
appeal that the judge failed to give sufficient weight to the 
protection of the public and/ or the principles of deterrence and denunciation.

Basically, the prosecutors said McPherson should get more time for 
this robbery than the last one - five years at least, in addition to 
the 18 months served. The appeal panel disagreed. "The notion that 
sentences must be incrementally increased with each offence is not a 
principle of sentencing," Bennett noted with the support of Justices 
Daphne Smith and Peter Willcock.

"The Crown says that Mr. McPherson has a long history of robbery, 
which is undeniable. However, Mr. McPherson's most recent offence, 
albeit serious, is at the lower end of moral culpability; an ill- 
conceived plan to hasten his return to prison. The police had him 
under observation at all times, and indeed, could probably have 
prevented the robbery from occurring. He committed the offence so he 
could return to prison because he was not able to function in the community."

Our politicians don't seem to appreciate that criminalizing addiction 
isn't working.

The legal system isn't good at dealing with issues that are really 
public health problems, and the ascendant dogmatic view of sentencing 
flies in the face of that reality.

Most of these people need treatment, housing and community support, 
not a jail cell. And it's a lot less expensive.

McPherson was imprisoned for five years on Nov. 14, 2006, after his 
first shakedown of the Douglas Street branch.

In 2011, he was released without money, a home or ability to cope in 
the community - he had been out for exactly 38 days when he performed 
his return robbery act.

The Vancouver Island Regional Correctional Centre was happy to see him back.

A guard sent a letter to the court saying McPherson is "a 
painter/stainer and will do most anything that is requested of him. 
.. ( He) is a team player and easily gets along with Corrections 
Staff in the shops as well as those temporary staff that fill in from 
time to time."

McPherson told the court he wants to develop the skills and support 
necessary to make the transition from prison to the community and 
live a crime-free lifestyle.

That obviously affected B. C. Supreme Court Justice Jacqueline 
Dorgan, who sentenced him saying: "His description of his crimes, his 
lifestyle and his abilities to eventually integrate into society and 
to live a lawful life once out of jail are important to me." But how 
realistic is that goal? McPherson will be nudging 60 when he gets out 
- - rehabilitated? What does that mean in a case like this? That he'll 
be too old to run from the police?

Who is going to hire a long-term drug addict and thief of pensionable 
age? How do you "rehabilitate" him - get him a greeter's job at Costco?

Like the rest of the chronic prison population, McPherson will most 
likely need social support until he dies.

We can provide that without bars and guards, for far less money, if 
we change our approach. Or we can continue to let him and this cohort 
clog up our courts, fill our jails and drain the treasury.
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MAP posted-by: Jay Bergstrom