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Many Aboriginal organizations, including the Assembly of First Nations, are crying foul after former British Columbia Judge David Ramsay was sentenced to seven years in prison (a term they think is far too short) for what they say are race-based crimes.
Ramsey was convicted of one count of sexual assault causing bodily harm, one count of breach of trust and three counts of buying sex from minors. His victims, four Native girls, were teenagers at the time of the incidents and one was just 12 years old. Three had been defendants in Ramsey's court, before and after his sexual encounters with them. Ramsey had access to their files, knew how old they were and the difficulties in their lives.
Ramsey paid the girls for sex. In one case, he smashed a 16-year-old girl's head into the dashboard when she insisted on his using a condom. When one girl threatened to expose his activities, he warned her no one would believe her if she reported him.
Ramsey could have received a maximum of 14 years on one of the charges, and five years on each of the other four counts. The Crown asked for a sentence of between three and five years. Associate Chief Justice Patrick Dohm tacked on two years to that recommendation.
"I'd like to know how they came up with seven years and why it's so inconsistent. The sentencing is so inconsistent," said Susanne Point, chair of the National Aboriginal Circle Against Family Violence (NACAFV). "[T]his man is a man of authority. He took advantage of that. As far as I'm concerned the man should never get out."
Special prosecutor Dennis Murray said sentences vary because each case is unique and has to be handled as such.
"Sentencing is a complex process. In sentencing proceedings there's so many factors that have to be taken into account to be fair to everybody," he said.
One factor that is often weighed is the remorse of the convicted.
Point said Ramsay apologized for his actions, in what she says was an attempt to ease his conscience.
"How can you say sorry to a 12-year-old girl who's got the rest of her life to go through with her nightmares and dreaming about what you did to her," said Point. "Sorry doesn't cut it. He should have to go through the trauma and the hell that they're going to have to go through for the rest of their life."
The RCMP has been criticized by many for taking three years to charge Ramsay, even though reports had been circulating that a local judge was abusing teenagers. Now, as some Aboriginal organizations and leaders call for a public inquiry into the administration of justice as it affects Aboriginal people, others are saying that the long investigations into Native people's complaints against the justice system are just stall tactics.
"I will not stand for the cover-up and the attempt by the legal system and the RCMP to avoid the implications of the Ramsay case," said Native leader Bill Wilson. "Let's stop procrastinating and get on with it."
Lydia Hwitsum, a member of the First Nations Summit, the province's largest Native organization, agrees with Wilson.
"We need to take the blinders off and address these underlying issues of systemic racism in the justice system."
Murray said he thinks people should view the Ramsey case as a "shining example" of justice served.
"The case went forward and the accused went to the penitentiary and that should never be forgotten," he said. "The reason it shouldn't be forgotten is that everybody focuses on their feeling that the sentence was not good enough and the process didn't work. Then other Aboriginal girls out there who have always thought that the system wasn't there for them and didn't hear their voice will think that's still true, when in fact this case is an example, a shining example, of the fact their voices were heard. And I don't think we should forget that."
Point thinks that more should be done for the Aboriginal women who aren't coming forward to report the crimes being commited against them.
"What about all the other women who weren't or aren't able to (come forward)? To me that's not a success. It's great that they (the four girls) were able to come forward, but that doesn't mean to say that they all came forward. Now what's set up for them? Are they able to get funded counselling? How have their lives changed? For him, it's over isn't it? If he got seven years, how many years do you think he's going to do and he'll be out? The court system pulls you through; it's a living hell to go through the entire system, especially if you're a victim."
The girls involved with the case are receiving help from Native counsellors. The Vancouver Sun reports the girls have been asked by RCMP not to talk to reporters as there is an investigation ongoing with more charges being comtemplated against other prominent men in B.C.
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