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| John L. Hill |
Recently, this initiative has faced criticism. A Toronto Star report described how a provincial court judge was outraged by the inclusion of a prisoner on an educational panel.
Cosmo Jacobson, a convicted murderer who killed a Crown witness, was recently invited to speak at an Ontario judges’ conference. That invitation sparked outrage among members of the judiciary.
Jacobson was convicted in 2005 of first-degree murder and conspiracy to commit murder for the 2001 execution-style killing of Roy Jones, a security guard and key prosecution witness in a home invasion case against him. Jones was ambushed outside his Ajax, Ont., home to prevent his testimony.
Ontario Court Justice Brenda Green, who had once served as a Crown attorney in Durham Region, condemned the invitation in an email to colleagues, calling it “insensitive” and “an affront to the victim’s family and the community.” Justice Green described Jones as a brave young Black man whose murder sent a chilling message that co-operating with police was dangerous.
Chief Justice Sharon Nicklas’s office confirmed that Jacobson had been invited to speak on a panel about prison conditions. After the event, the court received complaints from attendees and committed to reviewing the decision and gathering more feedback.
Justice Green acknowledged that judges could learn from offenders’ experiences but said Jacobson’s involvement was inappropriate given the nature of his crime: it was a calculated murder committed to silence a witness and undermine the justice system. She urged her colleagues to remember Roy Jones’s bravery and the lasting trauma his death caused to his family and those who prosecuted the case.
An Ontario Court of Justice judge, David Cole, created the “Judges to Jail” initiative shortly after his appointment to the bench. He had been a prison law lawyer before becoming a judge and understood that his colleagues could gain insight into prison life by visiting correctional facilities and talking to those confined there.
There is no doubt that judges can learn from the experiences inmates share. Before his death, Helmuth Buxbaum, who was serving a life sentence for the contract killing of his wife, became an advocate for better treatment of aging inmates in federal prisons. Judges can gain insights from those who have endured the system. However, to gain a true understanding of what happens in our prisons and jails, it is essential that the voices of those incarcerated accurately represent their groups. Does the continuing education program include enough voices from inmates, formerly incarcerated individuals, Indigenous and racialized persons, and victims’ perspectives? Whether these perspectives are shared through “prison tours” or panel discussions, it is crucial that exposure to extreme conditions is more immersive than just observation.
It is essential that the program avoid reinforcing a specific viewpoint (e.g., “see what prisons are like so you’ll sentence more harshly” vs. “see what prison is like so you’ll consider alternatives”). It is also important that the continuing education program not shield participants from perspectives they might want to avoid. For example, a cold-blooded killer like Cosmo Jacobson might have insights that could be considered, even though listening to him might seem offensive to his victims.
It is also important that the sponsors of the continuing education make a proper evaluation of what was learned. What was the effectiveness of the program?
A newly appointed judge once commented that many looked upon him as “all-knowing” once he was appointed to his position. He went on to say that what he learned sitting on the bench was greater than the knowledge he gained in any of his university courses. It is disappointing that the Office of the Chief Justice received complaints. Perhaps that says more about the complainants than it does about the program.
John L. Hill practised and taught prison law until his retirement. He holds a JD from Queen’s and an LLM in constitutional law from Osgoode Hall. His most recent book, Acts of Darkness (Durvile & UpRoute Books), was released July 1. Hill is also the author of Pine Box Parole: Terry Fitzsimmons and the Quest to End Solitary Confinement (Durvile & UpRoute Books) and The Rest of the (True Crime) Story (AOS Publishing). Contact him at johnlornehill@hotmail.com.
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