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~ JUDGE ED de Walle retires to his office to deliberate over provincial court cases including | criminal, family and small claims matters. oo
. MARGARET SPEIRS PHOTO

By MARGARET SPEIRS -

BEHIND THE courtroom walls,

' past the cedar panelling, down the .
‘corridors lined by grey walls and’

- Carpet, a red carpet leads to an office
filled with blue chairs,a sofa and
a large desk, behind which * ‘sits the

' judge.

Behind him is a bookshelf lined
with volumes, flanked by family

-, photos that set a relaxing atmosphere

separate from the halls of justice for
northwestern B.C.

B.C. Provincial Court Judge Ed
de Walle, dressed in casual clothes
on his day off from dispensing the
law, takes a seat in one of the blue
leather chairs.

De Walle is .the administrative
judge for the northwest district that

stretches from Dease Lake to Kiti-.

mat and from the Queen Charlotte
Islands to Burns Lake.
His duties include determining

‘which of the district’s four other

judges will sit in which of the dis-
trict’s 11 courtrooms and scheduling
time off as well as presiding over his
own cases.

De Walle hears family, small
claims, and criminai cases through-

out the region and travels to the vari-

ous courts to hear local cases.

He travels to Kitimat on a regular
basis, the Queen Charlotte Islands
for one' week each month, to New
Aiyansh one day every two months

and to Dease Lake and Stewart ft our

times each year.

He and the other four judges have -
the jurisdiction to preside in court- '
. rooms all over B.C.

Here comes
the judge

De Walle was doing an under-

. graduate degree in political science
when some courses, including an en- °

vironmental law course. piqued his
interest in law. .

After he finished his political
science degree and law school, he
began his own private practice and
worked in criminal, family and civil
law for i2-years.

De Walle became a judge 15
‘years ago and joined.the 150 provin-
cial court judges who cover crimi-
nal, family and civil law in B.C.

“Personally, I enjoy the variety.”
he says about Presiding over the
three. oo \

New cases

The district averages about 3.000

"new cases per year, and averages

about 300 youth cases — all of which
could include repeat offenders.
Provincial Court covers the vast
majority of criminal cases — about
80 per cent — while the B.C. Su-
preme Court does the rest.
Provincial court handles family
cases including child custody, child

support, spousal support and child

protection:

Supreme court takes care of di-
vorce cases and division of matri-
monial assets.

The court is kept busy with fam-
ily cases across the region.

Over the last few years the dis-

oh.

Tits v4
4.

So ene

RS me |

trict has averaged about 500 new.

family files.
Criminal court -

“One major ‘change -in criminal
law is the advent of the conditional
sentence order (CSQ), introduced
within the last 10 years.

CSOs give the court more flex-
ibility for dealing with individuals

placed ‘in prison. ~*~ + °

follow, the conditions of a CSO, the
consequence is to serve the remain-
der of the sentence in jail.

Submissions given by prosecutors
and defence counsel after the trial
and before sentencing are helpful
to identify the issues, provide each
side’s position, the accused’s -back-
ground and current circumstances
but don’t necessarily influence the
judge’s decision in the case.

. “T can take that into account as
much as I want to,” says de Walle.

“Tt is nothing to do with.a contest —

about who’s a better speaker. I’m
bound by the facts of the case and
circumstances of the offender. Sub-
missions are helpful to crystallize
the issues and point out facts.”

The onus is on the Crown pros-
ecutor to prove the case beyond a
reasonable doubt.

Aggravating circumstances are
weighed against mitigating circum-
‘stances and considered along with

the evidence.
‘On occasion, judges recuse them-
sclves if they know the parties or
the accused or one of the parties re-
quests a change to ensure the case is
_ unbiased.
“Not only must justice be. done
. but justice must seem to be done,”
de Walle says, meaning justice must
have the appearance of being done.

‘Family law
Family court can have some very
difficult issues to resolve.

' A. significant change to fam-
_ily court has been a comprehensive
settlement process that involves a
conference outside ‘of court with a
judge. ,

Family case conferences are “just

a wonderful part of the process,” 7

says de Walle.

The settlement conference is a
fuli and frank discussion: with the
parties, to try to identify the issues

_and work through a resolution of
these issues without the need for a
trial, says de Walle.

Child protection case conferences |
have been very successful and allow:

parents, grandparents social work-

ers, foster parents and on occasion,

children if all agree, to be present to
- have a voice.

“I’ve done cases where there’s 12

to-14 people,” he says.

To minimize the formality of the
conference, de Walle sheds his robe
and chooses business attire or his
black vest and white shirt.

A court clerk is present to take

‘ notes and a sheriff may be present.

Small claims court also offers.

settlement conferences.
The process has helped to resolve

id

who do not necessarily need to be

If a person breaches,‘ or ails” tof

AN a WS

ON HIS ‘days 0 out of the courtroorn, 1, Judge Ed de Walle dresses casu- |

ae :
ATA TE ead
fice

acre a

ally, although he still has administrative duties to fil his time.

more than 50 per cent of small claims

cases and a significant number of.

family cases without hearings.
“T think [{they’re successful] . be-

‘cause they place people in a non-
_adversarial environment and allow

them to have their say and as ajudge

-Ican (offer) guidance and. sugges

tions,” he says.
The conferences save a significant
amount of court time and money.

Young offenders

Fewer youth now appear before

“de Walle than when he was first

named to the bench,

In the past, a half day was de-
voted to youth cases and now there
often aren’t any youth to appear.

The Youth Criminal Justice Act,
which focuses on rehabilitation rath-
er than incarceration, seems to be

working and putting youth-on pro-

bation can be a good idea.
The Act has a ladder system of
penalties beginning witha reprimand

and moving up to strict supervision ‘

orders and custodial orders.
Most youth are not repeat offend-

ers, de Walle says, so exposure to—

the police and the court system is

enough to deter them from future.

criminal activity.

As a society hopefully we can

deal with the issues, such as sub-
stance abuse, that bring youth into
the system and redirect them away
from crime, he says.

Terrace is a small community and
police know who the likely offend-
ers are and keep an eye on them, de
Walle says.

The youth detention centre in
Prince George ‘has educational pro-
grams and teachers in the facility,
work programs, phys ed and a wide
range of activities, so when youth do
go to jail, it’s not as if they’re break-

ing rocks with a sledgehammer all
day, he says.

>

For some young people, it turns,
out to be a very good experience in

their lives, and some even thrive i in.

that environment.

By video.

- Another change is video-confer-

- encing, allowing’ cases to be heard

before judges in different cities.

De Walle recently heard a case
by video from Duncan and finished
it in one day, saving the court time
and money in travel expenses.

Before video, people sent to the”

Prince George Correctional Centre
to be -held while awaiting their tri-
als would have to be driven here for
court, which included an overnight

stay in a jail in Houston or Smithers,’

and now they can appear by video. -

Video equipmentalso has allowed -
witnesses to testify from as far away | 4°"
-as Australia'and Nova Scotia.

“We've made justice more acces-
sible,” he says.

The bottom line

At the end of the day, the court
system works alongside the public.

“At the end of day we recognize
the court system is a public system,
and has to be balanced with the need
for privacy,” says de Walle. “The
public is entitled to know what hap-

pened.”

“Some people have the impres-
sion we (judges) live in cloistered
worlds and don’t really read. papers
or know what's going on. in the
street but that’s far from the truth,”
says de Walle.

-“T live and work in the commu-
nity. I watch TV and read the paper,
I’ve gone to meetings of the Rotary
Club, victims assistance, Pve been
to the women’s centre.”

4

The Terrace Standard, Wednesday, October 25, 2006 - AS

ert ep pee eee ee ae emer eaampeee
CORRESPONDENCE FOR THE TERRACE STANDARD

The Mail Bag

Thanks, council

Dear Sir:

I. would like to take the opportunity to say thank you .

to city council.

Thanks you for taking the time to listen to your citizens

and listen to their concerns about the negative effects that .
_ may. have grown from having the casino in our town.

a: Mary-Ann Spears,
: Terrace, B.C.

Connecting the dots

Dear Sir:
Your articles about slot machines at the local bingo hall

-and one of the food banks sharing a recent front page. is

_ most appropriate. Sonie of the dots that I have connected ‘*
- is‘that-it seems many who patronize the local bingo hall:
also frequent the local food banks.

7 . ‘y. R. Walker,
7 a “Terrace, B.C.

,o

Cheaper rooms needed

_ Dear Sir:
Regarding your recent article about the cost when trav-" .
elling for medical procedures, may.I suggest that this gov-
~ ernment subsidize the cost of the hotel rooms?
I was recently flown to Vancouver via medevac to an —

out patient clinic at St. Paul’s Hospital. We were advised

fered “special rates”. They were special all right: $150 for

a utilitarian, barely clean ‘room.

|. that there were two hotels right next the. hospital that of-..).

_ We questioned them: as to; ‘the ‘cost 2 and. the response : . oe
was that it was high season ‘and they only offered the hos- |

we chose to stay.a few blocks away, w

the middle of a big downtown in a questionable area, with.
limited resources..
They even get to pay ourown way home when i iv s time

to return.:That’s not cheap, either. And then’ there’ s:the
_ bill from the medevac plane and ambulance that turns up

one day when you least expect it.
Those living down south where all the. specialized ser-
vices’ are don’t have these concerns.

_ So par for the course, those of us living in the north a are . oo
, Short changed as usual.

It’s time for our government to stop treating those out-

, pital rates in off season when the occupancy was low. So
which proved tobe —
very tiring for someone with a medical problem, walk- |
ing to and from the hospital. And it was still an expensive
hotel room. :
 Tcannot imagine what it is like for people who spend :
- their lives in a small town and suddenly: find themselves in

‘side the precious Lower Mainland as second class. citi- oo

Ym thankful for the way, ‘inwhich, Terrace, Paying
completed: the improvement Project from Terrace fpward
‘ Rosswood.

In particular, ‘a have frequently noticed the difficulty
with which many family vehicles have negotiated the
turn-off to Lost Lake before the project began: As this is
a popular swimming hole for many families I had consid-

zens..
~ Marianne Brorup Weston, 3
Terrace, B.C.
"Safer driving now
. Dear Sir:

ered approaching the company to see'if would reduce the * .

abrupt drop-off that exists there,

But before I.was even able to contact anyone, Terrace.
Paving had gone ahead and done an absolutely amazing
job of completely restoring the exit. I am well aware that

labour and material that would have been required.

Terry Gresl, .
Terrace, B. Cc. a

a

_ Strange happenings -

Dear Sir:
Although t there i is most always a logical explanation fa for

most all happenings, strange or otherwise, so far this hap-"

pening has none. H
I’ve been-a resident of the Nass Valley s since e 1962 and
travelled the-road to Terrace.and back many times but in

’ late September something strange happened. are
When on my return trip from Terrace to the Nass, I .
; thought I had a flat tire by the loud flapping sound com-

ing from my vehicle that started a few kilometres south of

_ Lava Lake.

‘T stopped and checked the tires but all were okay.

The closer I got to Lava Lake the noise started again sat

_ checked again but no flat tires.

. its contract obligation in no way called for the extra time,

T.ignored the sound which ‘continued. intermittently ,

At that time a ‘dragging sound started and I thought,

“Oh, that’s it, I’m dragging a limb or maybe a tail pipe or

some object. I checked underneath the vehicle but there. -

was nothing there. -

- continued home.to the Nass without any noise e from .
that point onward. On: my next trip to Terrace I had my .

vehicle checked out and: all was in good condition.

Since there was’ no noise. on my trip to Terrace I
thought whatever the noise was it had corrected itself or -
fallen off it it was some object that had attached itself to

the vehicle...

~-Not true, ‘as:I-neared: Lava: Lake’ on im
very same sound started again at:about the same place. .

I've made several trips to Terrace since and it’s always -

“way. home the

the same loud flapping sound starting in about the same

. ‘place and ending at the end of Lava Lake. -

I thought it was only happening to my vehicle but re-
cently I heard of another person hearing the same thing at
about the same place.

Some people I talked to think it s the voice eof the peo: :

ple who died in accidents,around Lava Lake and giving a
warning to the Nass residents...
I drive more carefully now and maybe its paid off be-

cause I meet some drivers going way over the speed limit —

and over the yellow line coming around the many blind

comers of Lava Lake.
‘Lloyd Brinson,

_ Nass Camp, B. Cc.

About the Mail il Bag" 7 :

The Terrace Standard welcomes letters. Our address °

is 3210 Clinton St., Terrace, B.C. V8G 5R2. You can
fax us.at 250-638-8432 or e-mail us at newsroom@
terracestandard.com. No attachments, please. Name,
address and phone number required for verification.

sop 2

around the lake until I neared the northem end of tile -
"| lake. ~ _