On this page: FSIN wants inquiry into how boy was treated at young offenders facility | Officers charged in shooting as Romagnuolo widow 'hopes for justice' April 1, 1999 | Officers to stay on duty despite charges in shooting, SIU hands down first-ever murder charge in its 9-year history | Supreme Court ruling on Bernardo tapes sparks anger, April 99 | Separate page: Saskatoon's serial boy molester, Gordon Cole | Scandal of the Century |

Attitudes toward child porn could change, B.C. judge says: Jurist speaks out during appeal of controversial ruling

Tuesday, April 27, 1999 ROBERT MATAS Globe and Mail

British Columbia Bureau; With a report from Canadian Press Vancouver -- A judge of the British Columbia Court of Appeal says society's attitudes toward child pornography may prove as fleeting as views in an earlier age on homosexuality. "We have to recognize that our views about these matters might change radically. Society's view may change radically over a very short period of time," Madam Justice Mary Southin said during the first day of an appeal of a high-profile ruling that legalized the possession of child pornography in B.C.

Judge Southin is one of three jurists on an appeal-court panel that has been asked by the B.C. government to overturn the ruling, which held that production and distribution of child pornography is still a crime but simple possession is not.

In the ruling, which has drawn international attention, Mr. Justice Duncan Shaw of the B.C. Supreme Court this year dismissed two charges of possession of child pornography against John Robin Sharpe of Vancouver. Judge Shaw said Section 163.1(4) of the Criminal Code -- which prohibits possession of child pornography -- is not a reasonable limit on freedom of expression guaranteed by the Charter of Rights and Freedoms.

Judge Southin repeatedly interrupted Crown attorney John Gordon. In response to an argument that Canada had international commitments to fight child pornography, she said she was uncomfortable "pontificating" about whether street children in countries such as Brazil should be involved in the making of pornography, especially since the children may receive some money for the pictures.

"Some of these people, whether we like it or not, isn't it a fair assumption that they did it for money? . . . What right do we have pontificating about what street kids do in Brazil?"

She also questioned whether the court should consider whether criminalization of child pornography was effective in restricting exploitation of children. Referring to Prohibition in the United States, she said: "Look at the results. It did not stop anything. It just made it worse."

Mr. Gordon said criminalization may not be 100-per-cent successful in eliminating child pornography. "But you cannot throw up your hands and say, 'What's the point?' " He dismissed suggestions that Mr. Sharpe should not be punished for his writings because they are products of his mind, not the exploitation of a specific child.

"It's all dreadful stuff, very badly written," said Judge Southin, but she added: "There are graphic books written about rape, but we don't ban them."

Mr. Gordon dismissed Judge Southin's comments on society's views of child pornography.

"Is society going to evolve to the extent that material that promotes and encourages the sexual abuse and sexual exploitation of children becomes acceptable?" Mr. Gordon asked.

"I submit not, because children, like homosexuals, deserve dignity, privacy, autonomy of body. Child pornography is antithetical to the rights of children." Judge Southin also said she was troubled by Canada's antipornography law because it treats teenagers in the same way as children who are 8 or 10.

"That's what troubles me about this legislation," she said, adding that she wonders whether teenagers who are 14 to 17 can still be considered children.

Mr. Sharpe, accompanied by a friend, sat in the centre of the public gallery during the appeal proceedings, occasionally taking notes on a legal pad. He said outside the courtroom he felt he was doing a public service by challenging the law. "It's a bad law. Someone had to attack it," he said.

Although Mr. Sharpe represented himself in the lower court, he has a lawyer who will make a submission today to the panel. About 20 people, including Reform MP John Reynolds (West Vancouver-Sunshine Coast), attended the hearing yesterday.

Mr. Reynolds said outside the courtroom he wanted to hear the concerns about the antipornography law. "If the law is not good enough to prevent Sharpe from having the material he has, then we have to change the law to make sure it is," he said.


Officers charged in shooting as widow 'hopes for justice'

April 1, 1999, By Philip Mascoll Toronto Star Staff Reporter

York policeman stands accused of second degree murder

As three officers appeared in court yesterday to face criminal charges in the death of Tony Romagnuolo, his widow couldn't even make the time to be there.

She was too busy taking her son Rocco - who was shot in the stomach the same night her husband died - to see his surgeon.

``I have three sons to look after and a family to keep together,'' Linda Romagnuolo said in an emotional interview at the sprawling Sunderland-area home where the shooting took place Dec. 28.

``This (the charges) is a little relief and we hope that justice will be done and that we will hear the truth,'' she said. ``He (Tony) was a loving family man who did everything for us . . . our hearts are broken, we have lost a wonderful man.''

In fact, Linda Romagnuolo said, except for the news that a York Region officer was charged with second-degree murder in the shooting, and two other officers charged with lesser criminal charges, yesterday would have been just like any other for the 41-year-old mother.

``I didn't go to the court hearings because I had to take my son to Sunnybrook (Health Science Centre) to see his surgeon. Rocco is going to have another operation in a year's time,'' she said.

York Region police Constable Randy Martin, who is charged with second-degree murder in Tony Romagnuolo's death, appeared briefly yesterday in a Whitby courtroom filled with police officers who came out to show support.

There was heavy security inside and outside the courthouse as Martin was granted bail by Mr. Justice John Glass of Ontario Court, general division.

Security also was tight at the Oshawa courthouse where Martin's partner, York Region Constable Mike Hoskin and Durham Constable Al Robins were granted bail after a brief court appearance.

Outside the courtroom, security was even tighter as members of the media were forced to show identification and undergo metal detector searches before being allowed inside. Rows of seats were filled by senior investigators from the special investigations unit, which laid all the charges, high-ranking police officers and rank-and-file members from both forces.

Hoskin is charged with assault with a weapon and careless use of a firearm in connection with his involvement in a confrontation that night with Tony Romagnuolo's son, Enzo, 20.


Officers stay on job

Robins faces one count each of aggravated assault and causing bodily harm with intent while using a firearm, which stem from a confrontation with 17-year-old Rocco, who was shot once.

Yesterday Linda Romagnuolo stood in the family's backyard with Enzo, Rocco - who lost 30 pounds during the three months he was in hospital recovering from his stomach wound - and her youngest boy, Michael, 15. ``We are a tight family and we are hanging in there,'' she said.

The charges are a chance for her family to hear how things went so tragically wrong when the three officers went to the Romagnuolos' home at about 8 o'clock that night to investigate threats allegedly made against one of the officers by Enzo.

A confrontation took place and Tony was shot three times and died. Rocco was shot once.

Yesterday SIU director Peter Tinsley defended laying the charges.

``Based upon my assessment of all of the evidence, I have concluded that there are reasonable grounds to believe that the Durham Region and York Region officers involved are criminally responsible for their actions in this matter,'' Tinsley said.

Martin's second-degree murder charge is the civilian agency's first such charge against an officer in its nine years.

``There was an intentional application of force which was likely to cause death or reasonably could be expected to cause death,'' Tinsley explained. ``These are the elements.''

Following the shooting, Enzo was charged with assault causing bodily harm against a police officer, assault while resisting arrest and uttering threats following the fatal shooting.

Enzo, who went to his job yesterday at a supermarket meat department, said he is ``this family's breadwinner for now. I have to work and keep us going.''

The biggest burden of being a single mother after more than 20 years of marriage, Linda Romagnuolo said, is making decisions alone.

``I have to be strong. I have three boys and I have to watch over them by myself,'' she said. ``Now I am mother and father.''

Rocco, still gaunt, pale and in pain, after just being released from hospital last week, said: ``I am just glad that someone was listening.

``This is some sort of proof that we are not bad guys,'' he said.


Officers to stay on duty despite charges in shooting

SIU hands down first-ever murder charge in its 9-year history

By John Duncanson, Jim Wilkes and Phinjo Gombu Toronto Star Staff Reporters, April 1, 1999

Three police constables - one charged with second-degree murder - will remain on the job as their cases make their way through the criminal justice system.

York Region Police Chief Julian Fantino yesterday reacted strongly to the charges brought against his officers, saying he intends to stand behind them.

``They will not be suspended,'' Fantino said. ``I intend to support the officers to the extent that I can. They will be reassigned to alternative, important police duties no less, however, they will be in a different role.''

Troubles on force

York Region Constable Randy Martin appeared briefly in a Whitby courtroom to answer the charge of second-degree murder, laid yesterday morning by the province's special investigations unit in connection with the Dec. 28 shooting of 44-year-old Tony Romagnuolo.

Martin's partner, Constable Mike Hoskin, was also charged by the SIU, which probes all serious injury or deaths involving police. Hoskin faces one count each of assault with a weapon and careless use of a firearm, charges that stem from a confrontation with 20-year-old Enzo Romagnuolo.

A third officer, Durham Region police Constable Al Robins, faces charges of aggravated assault and causing bodily harm with intent while using a firearm during an incident in which 17-year-old Rocco Romagnuolo was seriously wounded.

Robins has not been suspended and will work in administrative duties.

All three officers were surrounded by an unusually heavy show of police security, which included tactical officers, as they made their court appearances.

SIU director Peter Tinsley said lawyers for the officers were informed of the charges on Tuesday, and all three of them surrendered in the company of their lawyers at SIU headquarters yesterday morning.

The officers, who were not in uniform, were then escorted in custody inside a SIU vehicle for their court appearances. None of the officers was placed in handcuffs.

Tinsley denied the charges came from a ``witch hunt'' targeting police - an accusation that had been made by the Toronto Police Association in a memo to its 7,000 members.

``I don't understand where there is any rational basis or justifiable cause for the makings of assertions that there has ever been or will be anything in the nature of a witch hunt,'' Tinsley said.

``The mandate of the unit is fairly simple and straightforward with regards to certain matters to investigate. That's what is done. It's done carefully, thoroughly, and, I believe, compassionately.

``I don't understand why (the police union) sees it necessary to keep (its members) in a state of turmoil and fright. I don't understand.''

The count of murder Martin faces is the first time the provincial unit has charged an officer with that offence in its nine-year history. The unit has charged officers with manslaughter, a less serious criminal offence.

Martin was accompanied at his court appearance by his wife Caroline, a Toronto police officer, and a group of SIU investigators. Fellow officers also attended in a show of solidarity.

Mr. Justice John Glass of the Ontario Court, general division, released Martin on his own recognizance after his wife posted a $10,000 surety.

He was told not to possess weapons and to stay away from the Romagnuolo family and Durham police Constable Nancy George, the lone police witness to the incident.

Martin was also required to surrender his passport, though Glass allowed it to be kept by his lawyers because the officer may have to travel to Britain to see a gravely ill relative.

Outside the courtroom, lawyer Brian Greenspan, acting for Martin's regular lawyer, David Humphrey, said the officer was ``looking forward to the opportunity to vigorously defend the charges and have the truth emerge in a courtroom.''

Durham police Chief Kevin McAlpine attended the bail hearings for Robins and Hoskin at the Oshawa courthouse.

Justice of the Peace Brenna Brown of the Ontario Court, provincial division, allowed Robins and Hoskin to be released on $5,000 bail. Hoskin wasn't required to make a deposit for his release, but Robin's wife Patricia had to act as surety for his bail.

Like Martin, the officers were ordered to surrender their passports, not to possess firearms, ammunition, or explosives, and to stay away from George and the Romagnuolo family.

``We are a tight family and we are hanging in there,'' Linda Romagnuolo said as she stood with her sons, Enzo 20, Rocco, 18 and Michael, 15, at her Sunderland home yesterday.

McAlpine said it was ``a very tragic event on that night and it has probably changed the lives of all the involved people - the Romagnuolo family, the officers' families, the officers themselves - forever.''

Martin and Hoskin - along with Durham Region escort officers George and Robins - went to the Romagnuolo's Sunderland home Dec. 28 to arrest Enzo Romagnuolo for threats he had allegedly made a week before.

Within minutes, Martin would be wounded by a bullet from his own gun, Tony Romagnuolo would be fatally shot and Rocco seriously wounded.

Enzo was charged with uttering threats, assault causing bodily harm, and assault with intent to resist arrest. He appears in court April 9 to set a date for trial.

The York Region Police Association, the Toronto Police Association and the Police Association of Ontario all denounced the charges.

While the charges don't involve Toronto Police Association members, president Craig Brommell said: ``The bottom line is we are not going to allow the SIU to target police officers in this province.''

With files from Harold Levy and Jennifer Quinn


Saskatchewan man at centre of U.S. Internet privacy case

BOB WEBER, The Canadian Press, spring 1999

Carl Johnson thought he was springing to the defence of a cause he believed in when he sent a couple of hotly worded e-mails to a computer mailing list he belonged to. The United States District Court disagreed and now the man from Bienfait, Sask., is behind bars for death threats against two American judges and software mogul Bill Gates.

Johnson - described as an intelligent, witty computer amateur and one-time country singer prone to fits of profane rage - is at the centre of a legal debate over how far the right to privacy extends into cyberspace.

"There's real important questions about what you can and cannot say on the Internet," says Johnson's lawyer Gene Grantham, who plans to appeal Johnson's conviction in Tacoma, Wash.

Johnson was convicted last week and is in custody.

His troubles began in June 1997 when he distributed an e-mail to a group of high-end computer users who call themselves the Cypherpunks.

"The Cypherpunks are a pretty serious group with some sophisticated people who are in interested in cryptography," says Grantham.

Computer cryptography allows people sending messages to each other to keep them private. The U.S. government has concerns about such technology in private hands, fearing it may be used by terrorists or criminals.

"They don't want it to be impossible to ever intercept people's mail," says Grantham. "That means no one will be able to be guaranteed privacy from the government or maybe from big corporations."

The U.S. government began monitoring the Cypherpunks when a man named Jim Bell left a posting he called "Assassination Politics." Authorities saw it as an incitement to assassinate government officials. Bell is now serving time for violating the probation he received on charges related to that posting.

But when Bell was arrested someone using the name "Toto" began cranking up the rhetoric on the Cypherpunks mailing list.

Referring to one judge, Toto wrote: "You can (harm) some of the people all the time, and all of the people some of the time, but you are going to end up in a body bag or pine box before you manage to (harm) all of the people all of the time."

A U.S. investigator traced the Toto postings to Johnson, who holds Canadian and U.S. citizenship. He was arrested Aug. 18 while visiting Tucson, Ariz.

Neither of the e-mails about the judges was sent to them, although the messages were later forwarded. It was ruled in court that Johnson should have foreseen the judges would see his e-mails and his threats would therefore be delivered.

A threat against Gates - which Grantham characterizes as a "stupid joke" - was sent to him.

It was no joke to Seattle prosecutor Floyd Short. He finds Johnson's threats - and his support of Bell's posting - scary.

"I think he's certainly frightening," said Short.

Several Cypherpunks testified in Johnson's support but Short disputes that the case is about free speech on the Internet.

"He is a member of the list and he posted things to that list but I don't think his postings had much to do with the political discussions on the list. There seems to be a perception around the Cypherpunks that we're persecuting them and that is not the case."

Johnson, 49, is to be sentenced June 11 and could face up to seven years in jail.

He is also wanted on a warrant in Canada for leaving a fire bomb in the courthouse in Estevan, Sask., near Bienfait. The bomb was discovered by Johnson's nephew, who called police.

The bomb, described as an unsophisticated case containing bottles of gasoline, some shotgun shells and some wooden matches, didn't go off.

Johnson's family has told Grantham their relative suffers from Tourrette's syndrome, a mental condition that throws the sufferer into brief, uncontrollable fits of rage.

"I think he's sane," said Grantham. "But I think he has very pronounced, very obvious mental health problems."

Short agrees, saying he's seen Johnson do "very scary" things in the courtroom. But he doesn't think Johnson's condition is behind the threatening e-mails.

"They're not flame mail," he says. The e-mails are well written, even witty.

"They're not something you see when someone just dashes something off.

"There's a lot of intelligence there," says Grantham.


Babysitter in sex case threatened, mother says

cbc newsworld

There was more controversy in Manitoba on Monday over a sexual assault case involving an underage girl.

There's no dispute over the verdict -- a man in his twenties pleaded guilty. But there are loud voices condemning an appeals court decision to reduce the sentence.

One came from the girl's mother who says her, was actually bullied into keeping quiet with threats that her family would be killed.

She has written a letter to Manitoba Justice Minister Vic Toews complaining about the way the Crown handled the case of Dean James Bauder.

Bauder pleaded guilty to having sex with the girl when she was 12 or 13 and he was in his 20s. But the Manitoba Court of Appeal deemed Bauder need not spend time in jail because the girl was sophisticated enough to consent.

The mother says her daughter was just an "impressionable young child" who was continually threatened and intimidated.


Supreme Court ruling on Bernardo tapes sparks anger

Friday, April 23, 1999
LILA SARICK
The Globe and Mail; With a report from Canadian Press

The Supreme Court of Canada refused yesterday to hear arguments about the future of videotapes from the Paul Bernardo case, a decision that left victims' rights groups enraged and frustrated.

The court decided against hearing the case, put forward by the families of Kristen French and Leslie Mahaffy, that the tapes of brutal assaults on their daughters should be sealed permanently.

It's the second time the court has turned the families down. It rejected a similar request during Mr. Bernardo's trial in 1995. The court, as usual, did not give reasons.

"This is a very sad day for most Canadians," said Priscilla De Villiers, president of CAVEAT, a national group that campaigns for a tougher approach to violent crimes. "The message that's been given in the grander sense . . . is that the courts will not protect us in the direst of circumstances.

"If there's anything that's repugnant to people in Canada it's the idea that we would give any societal acceptance to the notion of violent child pornography and why it should be made part of the public domain. . . . I would like our highest court to explain exactly why this should be. And what they've lost is a chance to define what the limits are in this country."

Canadians contributed $800,000 to fight the case in the courts, she said in an interview yesterday. "That should be a statement enough of concern that the people of this country feel about this issue, and yet this doesn't seem to bear any weight to even have the issue heard."

The families were appealing court rulings against them, including the refusal by the Supreme Court to hear the case in 1995.

Family members, some of whom have suffered health problems from anxiety over the tapes, wanted the court to rule that the videotapes should never have been admitted at Mr. Bernardo's trial and that they should never be viewed again.

Timothy Danson, lawyer for the families, could not be reached for comment.

When the tapes were discovered in 1994 in the bathroom ceiling of Mr. Bernardo's home, the Crown wanted to restrict public access to them, but did not ask that the public be barred entirely from the courtroom.

The families intervened, asking the judge to declare that the unrestricted showing of the tapes would infringe on their daughters' and their own Charter rights.

In May of 1995, the judge ruled that the public should not be excluded from the courtroom when the tapes were played, but said it would have access only to the sound. Only the judge, jury and lawyers watched the tapes, which showed Mr. Bernardo and Ms. Homolka abusing the teens.

With yesterday's ruling, the tapes remain in a safety-deposit box, with access strictly controlled by the court.

In 1998, the Ontario Court of Appeal dismissed an appeal from the families that would have amended the Criminal Code and civil laws to ensure that exhibits containing child or coerced pornography must be sealed.

In a decision written by Mr. Justice Michael Moldaver, the court agreed that the prospect of the public gaining access to the tapes "has been more than the families can bear and the repercussions on them have been severe." However, any order restricting access should be left to the discretion of the judge conducting the proceeding.

The appeal-court ruling reflected the judge's belief that the tapes were already protected by very strict safeguards, according to lawyer Peter Jacobsen, who represented The Globe and Mail.

In effect, the Supreme Court yesterday supported the view that "we can trust our judges to exercise extreme caution in allowing these tapes to ever be used again, but that they were not going to close the door forever on that possibility because one never knows what circumstances might arise," Mr. Jacobsen said.

The parents have feared that the tapes would be viewed again when Mr. Bernardo, who was found guilty of murder, appeals his case or when he is eligible for parole.

But they may be seen much sooner by a lawyer representing a man who faces charges of illegally viewing them. This case, involving author Stephen Williams, is exactly what CAVEAT had predicted and dreaded, Ms. De Villiers said. Three years later the tapes are destroyed


Canada world leader in incarceration: Supreme Court

by NAHLAH AYED, Canadian Press (back to Jails & Prisons page)

OTTAWA (CP) - Canada puts far too many offenders behind bars and the courts must do their part to try to alleviate the situation, the Supreme Court says. The high court was commenting Friday in a ruling that also characterized as a crisis the over-representation of aboriginals in Canadian jails.

The court lamented the rate of incarceration, which at about 130 prisoners per 100,000 population makes it the second- or third-highest in the world.

Canada is "distinguished as being a world leader in putting people in prison," the court said.

"This record of incarceration rates obviously cannot instil a sense of pride."

It's the first time the Supreme Court has levelled such criticism against incarceration rates.

The court is definitely sending a message to the justice system, Justice Minister Anne McLellan said Friday.

Ottawa recently changed the youth justice system and the Criminal Code to encourage alternative sentencing, she added.

"We incarcerate more young offenders at a higher rate than any other western democracy, and that should be of concern to us," she said in Edmonton.

"We need to, where responsible and appropriate, look at alternatives to incarceration."

Reform justice critic John Reynolds said while it's not the Supreme Court's job to make such pronouncements, it makes a valid point.

"The solution is really dealing with people before they commit crimes," he said in an interview.

"We put the money in worrying about incarceration and different programs once they've committed the problem. We don't look at how to prevent the problems from being created."

Bill Sparks of the John Howard Society of Ontario agrees.

"It's the use of criminal justice measures for what are really social problems," he said from Toronto.

"We've got cutbacks in education, in health care, but we do not have cutbacks in prison construction."

In the case at hand, the court was asked to interpret the intention of a Criminal Code section Parliament introduced in 1996 directing judges to consider alternatives to jail as much as possible, particularly for aboriginals.

In the ruling, the court left no doubt the section was intended to reduce incarceration rates by requiring judges to entertain alternatives to jail for any offender, especially for aboriginals who are over represented in Canada's prisons.

In 1997, aboriginals made up three per cent of Canada's population but 12 per cent of all federal prisoners.

"The figures are stark and reflect what may fairly be termed a crisis in the Canadian criminal justice system," the court said.

That's why judges, in sentencing aboriginals, must factor in their background, said the court.

Judges have a role in "remedying injustice against Aboriginal Peoples in Canada.

"They determine most directly whether other sentencing options may be employed which will play perhaps a stronger role in restoring a sense of balance to the offender, victim and community, and in preventing future crime."

The court made its comments in the case of Jamie Gladue of Nanaimo, B.C., who was sentenced to three years for stabbing her husband to death.

The trial judge had ruled the fact she was aboriginal shouldn't be a factor in determining her punishment because she lived in an urban area, not in an aboriginal community.

The Supreme Court upheld the sentence as fair considering the circumstances.

However, Gladue won in principle because the high court ruled the trial judge was wrong to dismiss her aboriginal background.

Gladue plead guilty to manslaughter and was convicted in February 1997.

© The Canadian Press, 1999


Justice Cops make ``large'' kiddie porn bust

May 05, 02:22 EDT Toronto Star

CAMBRIDGE, Ont. (CP) - A man has been arrested and charged with possessing and distributing pornography involving children as young as newborn babies.

The Toronto-based provincial police child pornography unit joined forces with Waterloo regional police after receiving tips from a foreign country alleging the man's involvement in kiddie porn. Police raided a townhouse on Monday and seized three computers, floppy diskettes and other articles.

Police said graphic and movie files depicted children - from newborns to pre-pubescents - engaged in urination, masturbation, bondage, violence, sexual intercourse and oral sex.

``The contents - urination, bondage, violence - pretty well speak for itself,'' said Det-Insp. Bob Matthews. ``It's extremely sickening material.'' The images were not computer-generated but involved real children. It is not known where they originated, Matthews said. Matthews said he considers this a ``large seizure.''

Andrew Guille, 19, was charged with three counts of possession of child pornography, two counts of distributing child pornography and five counts of breach of probation.


Federation wants inquiry into how boy was treated at young offenders facility

Adam Killick National Post, with files from Saskatoon StarPhoenix, Spring 1999

The Federation of Saskatchewan Indian Nations is calling for a public inquiry over the treatment of a 17-year-old aboriginal boy at a young offenders facility in Saskatoon.

Darren Winegarden, a lawyer and the director of the native umbrella group's justice commission, said the youth, who cannot be named under provisions of the Young Offenders Act, was hog-tied in a solitary-confinement cell, forced to listen to classical music, and left overnight.

However, Andy Field, the director of Kilburn Hall, where the boy was incarcerated, said he was shackled for less than two hours after he attacked one of the guards. The classical music was used to prevent the youth from communicating with other inmates, he said.

The youth wound up in solitary confinement because he ran 10 laps around a gym instead of the five requested by the guards, Mr. Winegarden said.

"He was uncomfortable with that, and began kicking the door," Mr. Winegarden said. Guards should have called in an elder to try and calm him down, he added. "Instead, they started blasting classical music at top volume, the kind of tactic that was used against [Panamanian dictator Manuel] Noriega by the American Army."

When that didn't work -- even with the lights out -- five guards came to the door with riot shields. The boy's feet and hands were handcuffed and chained together behind his back, he said.

Mr. Field said the boy was tied up for less than two hours -- with the lights turned on -- and only after all other avenues to calm him down had failed. Two days passed between the running incident, and the boy was placed in an isolation cell only after he repeatedly refused to apologize for disobeying the guards, and after he continually kicked the door of his own cell.

The classical music was played to prevent him from talking to another youth in the cell next to him, and to drown out the kicking noises, he said. Lights, which had been turned off because it was bedtime in the ward, were put back on before guards entered the room. Despite the shields, the boy grabbed the testicles of one of the guards and held them for at least 30 seconds, he said.

After the incident, the boy was charged with assault, and was taken to the police station. He was acquitted by a judge who criticized prison officials for his treatment.

Mr. Field, who testified at the trial, said he believed the guards followed correct protocol in dealing with the youth. "I support the staff's actions," he said.

Judge Mary Turpel-Lafond

 

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