Editorial
Friday, October 24, 1997
Price of political stupidity

Out North president Zoe Raemer says that by deciding not to give gay couples the same rights as their straight counterparts MLAs have "squandered a perfect opportunity to show leadership and foresight."

Well, yes. But they are also squandering the public's money. Because by not amending the definition of "spouse" in the new Family Law Act, homophobic MLAs almost certainly are forcing the government of the NWT into court. Sooner or later -- sooner, say gay-rights activists in Yellowknife and down south -- someone will launch a legal challenge to the discrimination.

And the government will lose as other governments have been losing for years. There's a case before the Supreme Court of Canada on just this subject right now, and most legal scholars predict gay rights will be affirmed again. Our Charter rights, it would seem, include the right to choose the sex of our spouse.

Several provinces and the Yukon have enshrined gay rights in law, and the others are expected to follow.

Yellowknife North MLA Roy Erasmus, one of only five with the courage to support the amendment, worries that his decision could cost him his seat. We hope not.

The lesbian and gay population in Yellowknife is strong and enjoys considerable support from its straight neighbors, even if a few people grumble about declining morals every now and then.

But since the legal argument likely won't convince those morally obliged to deny same-sex couples their rights, maybe the issue should be framed as an economic one: How many taxpayers dollars are you prepared to waste fighting a court case you are destined to lose?

You know how those lawyers fees can get out of control. Too bad we can't send the bill to the MLAs who voted to throw the money away.


Justice system too eager to convict?

The most terrifying thing about the Herman Kaglik story is not that he was convicted of a crime he didn't commit. That happens too often to surprise.

What shocks the Deh Cho Drum most deeply, reading old press clippings and talking to the man himself, is this: Kaglik refused to bow down and admit guilt to something he didn't do. And for that, the system made him pay.

In his first court case, Kaglik pleaded innocent, but the prosecution was skeptical. Why would the accused lie? "The complainant has no stake here -- she's not going to be acquitted or sentenced." Why, indeed?

In his second trial, the prosecution rejected Kaglik's pleas of innocence, arguing he would never solve his "continuing pattern" of sexual assault unless he admitted he had a "problem."

While in federal prison, according to Kaglik, the National Parole Board waved an agonizing carrot over his head. The board told him he would be eligible for parole as early as April of 1995, if he'd just admit to the crime.

"But how do you feel remorse when you're not guilty?" said Kaglik. "They hung it over my head."

He said the board told him he'd had to serve his full sentence, and would not be eligible for worker pay raises and other bonuses within the system if he didn't play along. They also taunted him that he would not be eligible for early parole to be with his family.

The sad truth about our justice system today is that many women who are sexually abused never come forward, for fear of retribution from family, the community and the victim. For those that do, many often do not see a conviction.

But due to the emotionally-charged nature of sex offences, perhaps the justice system is too aggressive in those trials that do come forward, to the point of ignoring weak evidence linking the accused to the crime.

Kaglik told the Deh Cho Drum he felt caught in a nightmare, by a system too eager to believe the victim, too eager to convict him.

"There's two sides to every coin, but they chose to listen to just one side of the coin," he said.

Prison life has made Kaglik a hard man, he says. He has lost his trust in people, and the system which claims to protect him. He is a victim.

Innocent men will always serve time in prison. Our system is not without its weaknesses. At least in this case, Kaglik was released thanks to an ambitious lawyer who refused to give up on him. Perhaps Kaglik's acquittal is a sign of hope for the system.

But Kaglik paid a high price over the last 52 months for the court's fumblings.


Maximum exposure

In the battle with the satellite companies over Yellowknife's television audience, one of NorthwesTel's strongest weapons should be the community channel.

Cable 17's coverage of the election forums was a good opportunity for voters to see the candidates in action. Cable 17 regularly broadcasts Monday's city council Wednesday nights.

Such valuable programming should be carried as often as possible throughout the week for maximum exposure, just as the parliamentary channel does.

Channel surfers may move on but viewers interested in municipal politics will appreciate the flexibility of multiple showings.