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Clayton Ruby
Practicing justice for more than three
decades
Clayton Ruby has practiced
justice by putting the law to work.
He was interviewed regarding
Stinchcombe earlier this year.
He came to Saskatchewan in
1994 to present a winning argument to our appeal court overturning
Judge Albert Lavoie's conviction of T.S. Some Saskatchewan lawyers
were grousing, "We could have done that." But they
didn't.
Perhaps
Clayton Ruby is such a good lawyer because he's intelligent,
thoughtful, and he reads and studies.
One man's criminal .
. .
By CLAYTON RUBY
Saturday, March 9, 2002 Globe and
Mail
- Organized Crime and American Power: A History
- By Michael Woodiwiss
- University of Toronto Press,
- 468 pages, $29.95
This book is so good that you
will never think about organized crime in the same way again.
Michael Woodiwiss begins with a broad practical definition: "Organized
crime is systematic criminal activity for money or power."
It is not new. And its essential features can be seen as clearly
in early Roman civilization as in today's war on drugs.
The U.S. approach, which dominates
all public discussion, is both narrower and simplistic. It understands
organized crime only in a very restricted sense, as virtually
synonymous with supercriminal Mafia-type organizations. An entire
history -- shades of Eliot Ness and the FBI -- has emerged to
justify this model of organized crime, which essentially pits
good against evil, decent society against a foreign invading
organism. "Organized crime in this sense is a threat to
rather than a part of society," Woodiwiss writes. "The
issue has become a simple good versus evil equation that permits
only one solution -- give governments more power to get gangsters
or those associated with gangsters."
Thus, the American ideology
of organized crime provides both an explanation, with a dramatic
though mythical past, and a justification for an anti-crime strategy
that does not and cannot work.
This narrowed vision of what
constitutes organized crime has resulted in a convenient blindness.
By the 1980s, the myth of one organization dominating organized
crime "had become too absurd to sustain. Mafia mythology
was adapted to a new age by repeated claims that, though the
Mafia had once been a dominant force in U.S. organized crime,
it was now being challenged by several crime 'cartels' emerging
around Asian, Latin American and other groups." Thus our
thinking kept to the same formula: Evil forces outside mainstream
American culture threaten otherwise morally sound American institutions.
But the evidence marshalled
by Woodiwiss, who teaches history at the University of the West
of England in Bristol, shows facts quite opposite from this ideology:
Respectable politicians and domestic corporate elites have gained
more from organized criminal activity than any other group. Corporate
crime -- Enron and Arthur Anderson come to mind -- causes losses
more severe and more pervasive.
What Woodiwiss shows convincingly
is that organized criminal activity -- broadly understood --
is not an alien element, but rather a complement to the political
and corporate structures that sustain ordinary society. It is
the collaboration between government and criminals, and the criminal
behaviour within business and political systems, that make the
United States what it is. The dominant form of organized crime
is not regarded as a political priority because it does not fit
the organized crime "alien conspiracy" model. Thus
it goes largely undetected and unprosecuted.
As Woodiwiss points out, particularly
in the context of drug-control strategies, the imposition of
this U.S. model internationally has constituted a U.S.-led "dumbing
down of global discourse about organized crime." Fact: Illegal
drug profits are so great that they have nullified the impact
of law enforcement, while the fight against drugs has "been
institutionalized as a never-ending project that seems to benefit
few outside the public and private professionals who administer
it."
The U.S. model leads to giving
more and more power to officials, ostensibly to combat organized
crime. Extended powers of wiretapping, asset seizure, indictment
and sentence have been sustained by the image of the Mafia, but
those laws extend to much criminal activity because most criminal
activity is organized. Political leaders have trained us to think
of the Mafia or the Columbian drug cartel or "outlaw"
biker groups when we pass these measures, not three neighbourhood
teenagers out regularly looking for your stereo.
Obviously, there are gangster
groups all over the world. But these groups participate in illegal
markets; they rarely, if ever, control them as the myth suggests.
If they did, the price of cocaine would not have dropped steadily
since the 1970s.
This conceptualization of a
fight against Mafia-type organizations headed by mythic figures
in top-down structures ensures occasional spectacular arrests.
But it provides no explanation for why there is always a new
struggle against a new enemy. We focus on personalities rather
than on structural elements; we focus on a few crimes rather
than on those like corporate criminality or environmental degradation.
As Woodiwiss points out, governments,
acting locally or internationally, would have relatively little
difficulty combating organized crime if it really were dominated
by a relatively small number of supercriminal organizations.
But this model camouflages the involvement of powerful and accepted
institutions in mammoth criminal activity. And it focuses our
efforts, to dramatic effect, away from environmental crimes,
corporate criminality, large frauds and the like. As drama, this
is first-rate stuff. As social policy, it is dangerously inadequate.
The picture is not a pretty
one. Despite, and in many ways because of, increased powers and
huge dollars spent on the war on drugs, for example, we have
produced a world of institutionalized greed, corruption, betrayal
and terror greater than that during Prohibition.
The pop-culture version of
organized crime that has dominated our thinking led to the establishment
of institutes for study. It is a sexy subject. In Toronto, Osgoode
Hall Law School hosts the Nathanson Centre for the Study of Organized
Crime, whose Margaret Beare echoes Woodiwiss: "I fear that
we are doing to the concept of 'transnational crime' what we
did for 'organized crime' and 'corruption.' That is, basically,
to turn the concepts into a misdirected (or undirected) vehicle
for additional resources, increasing powers and a justification
for over-riding privacy considerations, sovereignty rights and
due process."
Clayton Ruby is a Toronto
lawyer who specializes in constitutional and criminal law.
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Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
Truth suppress'd, whether
by courts or crooks, will find an avenue to be told. Sheila Steele, injusticebusters.com
If you hold the mouth
of Truth, It will burst out its rib-cage. Somali proverb
Publisher : Sheila
Steele
Got something
to say about this or any other stories on this site? Go to injusticebustersblog Participate!
- injusticebusters
court advice :
- How
to walk yourself through the justice system
-
- Why
you should dump your preliminary hearing (written July 1998 and still valid)
-
- Sermonette:
The
Naked Truth -- (You
will find links to many more sermonettes in the sidebar on this
page
Another target
of Dueck's malice: : Wilf Hathway
Our activism
contributed greatly to the good vibes which happened around the
civil trial.
Index
to the stories on this website
This is not
regularly updated so if you are looking for a particular story
and you have a name or keyword, please use the site search engine(at
the bottom of the page) which IS regularly updated
Index to Saskatoon Police stories
This is a pretty good scrapbook
for the 1998-2002 period.

Inquiry into the malicious prosecution of David
Milgaard untanling 36 years of Saskatchewan police and Crown
misconduct: : Opening day 1 | 2
| 3 | 4
| 5 | 6
| 7 |
- Stephen Williams:
Canadian writer subject to Stasi-like treatment by Canadian police
- Terry
Arnold: : Snitch a
suicide?
- RCMP
scenario stings: Brian
Hutchinson starts digging
- Gary
wells: Faulty eye-witness
testimony
- Tulia,
Texas
- Gilmer,
Texas
- Willie
Upshaw
- Wrongfully
convicted in Canada
- Foster
Parent false accusations
- Martensville
- Don
Smith obscenity trial: an obscene conviction
- James
Lockyer
- Hurricane
Carter
- Johnny Cochran speaks up for
Bill Sampson
- Vopnis
- Abdulai
Mohamed
- Nfld Defamation story:
- Wanda
Young
- Racism
in the Federal Civil Service

The Terrible Story behind the Atif Rafay and
Sebastian Burns convictions

Trial
set for June 15
We
know part of this disclosure is a forged statement and perjured
affidavit from a Winnipeg cop
-
-
-
-

The
Crown is still fighting Fred Poirier -- and they are losing.
Secret Commissions Case from Northern B.C.
-
-
- 2005: In
the United States the proven wrongful convictions just keep coming
at us!
-
- Brandon Morin:
- Convicted in Oregon
- of rapes which did not happen
- This website has good information
about Measure 11 -- Oregon's Mandatory Sentencing requirements
which have been in place since 1994. In this case we see how
the combination of a flawed grand jury system and prosecutors
who seek not justice but convictions is a recipe for wrongful
convictions.
-
Canadians who
have been wrongfully convicted because of improper investigations
combined with zealous Crown
A round-up of wrongful convictions in Canada
- Robert
Baltovich
- Michael
Burns
- Sebastian Burns
- Rodney
Cain
- Wilbert
Coffin
(hanged, 1953)
- Jason Dix
- Jim
Driskell
- Jody
Druken
- Randy
Druken
- Hugues
Duguay
- Michel
Dumont
- Peter
Frumusa
- Walter
Gillespie and Robert Mailman
- Clayton
Johnson
- Yvonne
Johnson
- Herman
Kaglik
- Darren
Koehn
- Kulaveeringsam
"Kulam" Karthiresu
- Stephen
Leadbeater
- Donald
Marshall
- Chris
McCullough
- Michael
McTaggart
- Felix
Michaud
- David
Milgaard
- Guy Paul
Morin
- Shannon
Murrin
- Jamie
Nelson
- Greg
Parsons
- Benoit
Proulx
- Atif Rafay
- Louise
Reynolds
- Thomas
Sophonow
- Gary
Staples
- Billy
Taillefer
- Steven
Truscott
- Joe
Warren
- Leon
Walchuk
-
- AIDWYC
- Innocence Project (Canada)
- Innocence Project (U.S.)
- Northwest Law Center on Wrongful Convictions
-
- Kirstin
Lobato
- Jeffrey
Scott Hornoff
- Willie
Upshaw
- Hurricane
Carter
- Guildford
4
- Birmingham
6
- Amirault
- Houston
- U.S. wrongful convictions:
Exonerateed
- Kirk
Bloodsworth
- Laurence
Adams
- Ludrate
Burton
- Stephen
Cowans
- Wilton
Dedge
- Albert
Johnson
- Kenneth
Marsh
- Dwayne
McKinney
- James Bernard Parker
- Peter
Reilly
- Peter
Rose
- Sylvester
Smith
- Clifford
St. Joseph
- John
Stoll
- Marty
Tankleff
- Wilton
Dedge
- Ray
Krone
-
- Still working on it:
- Dennis Deschaine
- Dennis
Perry
- Tim
Sandfort
-
-
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Revitalizing the
archives
From 1998 until
2002, injusticebusters was in the throes of identity crisis.
What was it? What were we doing? We grappled with editorial policy
at the same time we were learning the nuts and bolts of building
and posting a website. Once we had a secure, paid site I had
full editorial control, although I talked regularly to Richard
Klassen who was forced to move his family several times and did
not always have access to the internet. Rick's pages: one | two
We posted our
earliest and later actions.
Early versions
of the site can be found on the Wayback Machine.
I began following
other threads to stories of police and prosecutorial misconduct
and the site's character took on another facet: a newsclipping
scrapbook where stories could live longer than they would in
print form. I also began picking up other stories of wrongfully
convicted people. It was an explosion. By 2003 there were over
700 pages. I also had contact with several other people (Don Smith, Leon Walchuk, Monique Turenne, the Vopnis) and kept these stories
going.
It was the
story of the Ross children's treatment at the hands of the Saskatchewan
government which grabbed the attention of The Fifth Estate. The civil claim (The
$10M Lawsuit as we called it) was only mentioned briefly at the
end of their show which aired in November, 2000.
When Richard
Klassen began to make progress in bringing his civil claim to
court, the government and police defendants alleged he was breaking
the rules of court by publishing discovery material on the internet.
- MacNeil
clinic (the
document which started it all)
- The
Thompson Papers
- Carol
Bunko-Ruys reports
This claim
was absolutely false. However, rather than risk being thrown
out of his civil claim, Klassen undertook before Judge Mona Dovall
to sever all ties with the website.
The court fights:
- Les
Perreaux report
- QB271
These pages have links which
lead to other pages from that era. Now that some of the dust has settled,
I have been going back through the material we had posted in
the early days. In the spirit of keeping the scrapbook alive,
I have been reformatting and placing links. The original material
remains intact. I hope the information, which chronicles our
struggle is useful to you.
The identity
crisis is over. We know who we are --Sheila Steele, March
28, 2005
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-
Blogging
Blogging has been in the news.
It is the new, trendy thing with 40,000 new blogs being created
each day. I established a blog for this website last September
and it is now "taking off." These are a few of the
pages with ongoing discussions.
- Tasering Mary Lutz
- Saskatchewan Centenary
- Quint Blog discussion
- Rotten apples in the Saskatoon Police
- Blogging for choice
- Michael Cardamone witch hunt
- Implement recommendations of public
inquiries
- Stealing from the poor
- Vancouver's killer cops
- Tisdale rapists appeal
- Winnipeg police misdeeds
- Milgaard Inquiry
- Chief Sabo: can he be trusted?
- The Old Boys' Club Must Go!
- Vancouver activists
- John Hudak: Falsely accused mountie
- City of intolerance
- Constable Larry Lockwood: Exciteable!
- Eric Cline
This is a great way for like-minded
people to communicate and share our views. It is easier than
making a website and marginally more difficult than a forum.
People who want to contribute
simply have to punch the "comment" link and they will
be taken to a page with a box which allows them to write their
comment, preview and post it. It takes a while for the comment
to show up and some people get impatient and repost. That's fine,
I trash the duplicate posts and no harm done.
Please, please give it a try.
The internet is distinguished from other media in that it is
really and truly interactive. Blogging makes it possible to express
your viewpoint even if you don't have a computer. You can go
to the library or a friend's place or an internet cafe. Once
you've mastered the basics (and believe me, if I can do it, you
can do it) you will be participating in one of the most democratic
-- and potentially powerful -- media the world as we know it
has ever seen.
Come on. Don't be shy. Join
the Weblog World! -- Sheila Steele, March 20, 2005
Toronto Police paid out $30M in secretly resolved
claims over last five years
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