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Features
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Wednesday, September 19, 2007 Sentence too short
It's hard to imagine what was going through the Crown attorney Steven Hinkley's head when he accepted the defence's request for a summary conviction, which effectively tied Schmaltz's hands, capping the sentence at a year and a half.
Did he think that was a reasonable time behind bars for someone who has been convicted of 58 crimes including 18 of a violent nature?
Or was this just a case of taking the path of least resistance?
We may never know as Hinkley refuses to comment on why he followed the course he did.
Had he insisted on an indictable charge for sexual assault, the maximum sentence would have been 10 years. That certainly seems like a suitable range for someone who forces himself on a young person while they are sleeping. In this case, this individual wasn't even deterred by the fact the victim's niece was asleep in the same bed.
The victim impact statement clearly spells out what life is like for this youth since the attack.
"I feel so small. I barely get any sleep, I can't eat. I'm afraid it will happen again, from anyone."
So is 18 months fair, given the life that has been derailed in this case?
We don't think so. If this fellow does re-offend in 18 months time, hopefully Crown attorney Hinkley will at least explain his thinking to the convicted man's next victim.
There has been the usual talk among election exhausted media pundits about the small numbers of women running in the territorial election, or the large numbers not running.
Without singling out any of the well-qualified women running in the present campaign, we can think of one woman who would have been another excellent candidate - outgoing Yellowknife Catholic Schools' board chair Shannon Gullberg.
Perhaps happily for her but sadly for the North, Gullberg is leaving town for St. Albert, Alta. Gullberg has all the qualities of an excellent politician of any gender: Conviction, passion, organization and an exceptional willingness to take a stand, however unpopular that might be to a significant segment of the population.
Many will remember last year when Gullberg waged a strong campaign to make the Catholic school board all Catholic.
Whether you agree with her goals, which we did not, her ability to stay on message and lead people along her path was above average.
She even displayed sound money management by having her legal fight funded by the Alberta Catholic School Trustees Association.
We wish Gullberg good luck and trust she will leave us confident she fought the good fight.
Should the weather in St. Albert not agree with her, there's a nice warm chair in the legislative assembly she would fit into nicely.
There has been some anger expressed during the past week over Canada, the United States, Australia and New Zealand's decision to vote against the United Nations Declaration on the Rights of Indigenous People.
The declaration was supported by 143 countries.
Whether the Conservative Government changes its mind and supports the declaration will not change the reasoning behind its original vote.
And that reasoning has far more to do with cost than it does with respecting human rights.
Whether they admit it publicly or not, their fear is that the declaration will open the doors to more lawsuits, and fuel demands for increased federal funding to aboriginal people.
That cry for increased federal funding is being issued again and again in Nunavut.
And, in almost every instance, it's a cry for help that translates into a plea for further social dependence.
It is a symptom of the disease itself -- federal handouts that ease the strain of a present situation, but come with a vision for the future that leads to self-dependency.
It's an insidious trap known all too well by First Nations people across Canada, and one Nunavut could find itself hopelessly snared in if our leaders aren't careful.
There is plenty of blame to go around for the state of Canada's aboriginal people, but the time for pointing the finger to acquire more federal funding out of shame and guilt has past. The time has come for a banner of Just Do It to be flown over the quest for aboriginal independence.
The bearer of that banner may well be one of the most articulate, intelligent and thought-provoking aboriginal voices to emerge in Canada in quite some time.
Calvin Helin is an aboriginal lawyer, businessman and author of the book, Dances with Dependency.
A book which should be mandatory reading for every government personality and aboriginal student in Canada.
Helin, while not granting absolution to anyone for the mistakes of the past, puts economic independence at the top of the aboriginal priority list.
He sees the coming strain on Canada's social programs with millions of Canadians set to retire during the next few years, and realizes the government will not be able to sustain current funding to an aboriginal population growing at seven times the national rate.
In fact, Helin has had harsh words for aboriginal leaders who focus on nothing more than keeping the federal handouts coming.
He sees the keys being a return to the traditional value of self-reliance, and a renewed and vigorous focus on education, training, and economic development.
To Helin, federally funded self-governance is a meaningless mirage.
Federal handouts are about to come crashing down and aboriginal leaders must help their people become economically dependant.
If not, not only will they watch their own societies tumble, they may drag down Canada's economy too.
Helin's message should be heard by every Canadian -- and it's one we hope is heard in Nunavut so our future will be part of the solution, not the problem.
Attending village council meetings doesn't rank highly on most people's list of how to spend their Monday evenings. The meetings, however, provide an instructive and sometimes humorous insight into the inner workings of a small village and the challenges of living in the North.
A perfect example of what makes life in the North distinctive from many areas in the south was brought up at the most recent council meeting on Sept. 4.
During one of his regular senior administrative officer reports, Tom Matus noted that he was in contact with staff from CIBC to look into the possibility of obtaining a bank machine for the branch in the village. The request was in reply to a letter to council from a resident who wanted to see if the village would have more success than he did with getting an ATM.
Most people, especially across southern Canada, upon hearing that a community wanted a bank machine in their already existing bank branch would probably imagine this would be a done deal. Ask the bank nicely and one of those grey machines that spits out money in return for your plastic bank card and PIN number would show up in a matter of weeks in the lobby of the bank.
As it turns out, requesting a bank machine in the North can be far more tricky and touchy issue.
After congratulating Matus on his tact with CIBC, Coun. Candy Brown had a warning to give.
"Be careful guys, don't let them pull the bank," said Brown.
Coun. Tom Wilson expanded on this comment by relating how during the last occasion CIBC was asked about providing a bank machine the company said that if they were pressed they would pull the whole branch out of Fort Simpson. CIBC also stated that it wasn't economically viable to provide that service, said Wilson.
While saying that the reason the village can't have a bank machine is because economics won't allow it is one thing, threatening to close the bank is quite another. That's the kind of tactic you'd expect from a small child who's been asked to share his toys and is willing to give up his least favourite, but it's that or nothing.
Such a response, however, is something that people who live in the North in small communities have to contend with.
In places like Fort Simpson most businesses have a monopoly on the services they offer. As a result, when they feel like it, the businesses can act on a whim and residents have little choice but to live with the results. Having competition would be nice but most communities don't have the population to support it.
In general Fort Simpson doesn't have much to complain about.
The village has a bank branch, something that is missing in the other communities in the Deh Cho. There are also two other ATMs available in the community although they exact a fee each time you use them.
Maybe this time CIBC will come back with a different response and a bank machine will appear at the branch, but if it doesn't it will be just another item to chalk up on the list of costs of living in the North.
We can all get lost in the allure of gambling. I'm sure there isn't a person in this town who would turn down a sure bet.
Yes, gambling has its grip on us and it doesn't seem like we want to be let free. Not until we take that big win.
Each week I talk with my poker pals about their latest marathon session.
Nearly all of the time, one of my closest chums says he lost big; borrowed some more cash and lost that too. It doesn't take a math teacher to see that the loss outweighs the gains.
This past weekend there was a poker tournament in Dawson City. Oh yes, the Yukon's big easy; an old-time shoot'em up burg with the finest casino in the land.
I talked with a few of my friends who took the trip to Dawson City. They said it was a hootin' hollerin' good time with all the poker the eye could see.
They said that there were so many people there, it was intimidating. Real players, with real cash.
Now, this is where I want to clarify, I don't know a straight from a flush. My poker face gives me away nine times out of 10 and I don't have a strategy.
Yes, I am the perfect patsy and a prime target for casinos and gambling halls. I also don't know when to quit, I think it's in my blood to come back for another beating after I know I'm done.
This is where I know I'm not alone. Experiencing that high of ups and downs is what life is all about. Busted one minute and flush the next. It's a roller coaster of emotions.
See, gambling feeds off the greed and desperation of good people, like you and me.
I know that if lady luck holds my hand, I feel invincible. The thing about her is she gets around. Everyone has a good hand once in a while, or rolls the perfect dice.
Some people don't stop when they should. There, I said it. Just like all of the other vices, moderation is key in this case.
I don't have beef with the people who stay within their means and can spare a few hundred dollars to blow.
I don't like it when I see people so down on their luck that they need to borrow more money, or hock their watches. There are lows with gambling not unlike anything else.
There are serious repercussions to excessive gambling. Maybe their kids go without a snack because their parents lost the money.
You always hear horror stories about people in the south who lost the big win and let everyone down.
I saw an ad on TV, about just this subject. It was called the yellow flag campaign. Think of it like a reality check.
In the ads I saw, a blackjack dealer confronts the gambler with real questions, about being broke, paying bills and other nagging responsibilities.
Once in a while, we all need a wake-up call. Something to bring us back to the real world.
You don't need to spend all your change on those scratch tickets. No, you don't really need another stack of peel-back nevadas either. But it's fun. I can't deny that.
I don't have beef with fun, just make sure you are aware that there is a line. Set good examples for the youth of our community. Show them that there is more to a good weekend than gambling.
As long as we're all betting on a good, well structured future for our young generations, we're all winners.
An error appeared in Friday's Yellowknifer ("Ecology North is tax deductible," Sept. 14) Two people in a photo caption are misidentified. The 19-month-old child in the photo is Sophie Jackson, and her mother's name is Rose. Yellowknifer apologizes for any embarrassment or confusion caused by the error.
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