13)
PROSECUTORS RELUCTANT
TO TREAT GAY-BASHINGS AS HATE CRIMES
(The following
article is from the October 1-15, 2009, issue of People's Voice,
Canada's
leading communist
newspaper. Articles can be reprinted free if the source is credited.
Subscription rates in Canada: $30/year, or $15 low income rate; for
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People's Voice, c/o PV Business Manager, 133
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By
Kimball Cariou
Despite violent
gay-bashings in cities across Canada, police and/or
prosecutors are still reluctant to treat these attacks as hate crimes,
a designation which would require tougher sentencing for offenders.
In the latest shocking case, a Toronto gay
man's face was
shattered during a visit to Thunder Bay. Jake Raynard and two friends
were smoking outside a downtown bar after last call on Sept. 4 when a
man approached them for a cigarette and then became aggressive. As the
three friends walked away, a group of men followed them shouting
homophobic taunts. Suddenly, one of the group grabbed Raynard's friend
and started choking him. Raynard managed to help get his friends into a
taxi, but was blocked from entering. He ran through a nearby alley
towards a local restaurant as the men chased him, but was caught and
beaten with a brick.
According to reports, it took police an hour
to respond to the
calls of restaurant workers who found Raynard banging for help on their
windows. He had to undergo facial reconstruction for injuries including
a broken jaw, broken eye socket and broken upper
patella. A
Facebook page called "Unified Community around Jake Raynard" now has
more than 7,700 members, and over 1200 people took part in a support
rally on Sept. 11. Thunder Bay Police are still investigating; it has
not been decided if the incident will be labelled a hate crime.
Similar crimes have recently occurred in other
cities, including
two cases in Vancouver. In September 2008, Jordan Smith was holding
hands with his partner on Davie Street when the couple was met by a
group of men shouting homophobic slurs. One of the group, Michael
Kandola, is alleged to have punched Smith in the face without warning,
causing serious facial damage. Kandola's trial is set for next April,
but prosecutors have not decided whether this will be considered a hate
crime.
In another tragedy, 62-year-old Ritchie Dowrey
was punched in the
face at the Fountainhead Pub on Davie last March 13. The blow knocked
Dowrey to the floor, causing severe brain damage. His attacker, Shawn
Woodward, was reported by witnesses to have said "he's a faggot, he
deserved it". Woodward has been charged with aggravated assault, but
proceedings been postponed several times, and again, no decision has
been made on designating the attack as a hate crime.
"This story isn't just mine," says John
Raynard. "I'm sure there's
many other people out there who have encountered a lot of the same
problems that I have in my life, and have encountered hate-related
crimes and a lot of discrimination based on that. I would urge them to
come forward and make their stories known and have it so we can start
to heal as a community and start to move forward beyond this kind of
hate."
Commenting on recent calls for dropping hate
crime laws, Egale
Canada President Helen Kennedy has responded that "when a crime is
motivated by blind hatred, a crime such as that perpetrated against
Jake Raynard, it goes beyond any negotiable goal. It is the desire to
hurt, to denigrate, and to destroy. Any time someone is attacked for
their gender identity or sexual orientation they are not just assaulted
physically, they are treated as less than human, and that is what we
must fight every day with every breath to counter such brutality...
"Jake Raynard is not an object. Anji
Dimitriou, lesbian mother,
viciously attacked, is not an object. Tyli'a Mack, trans woman,
brutally murdered, is not an object. Ritchie Dowrey, gay man, viciously
attacked, is not an object. We are not objects; we are not fragments of
people. We are the many achingly beautiful faces of humanity and must
hold ourselves with pride. When anyone is attacked this way, when
anyone is reduced in this fashion, we must respond or we are all made a
little less... We demand that our governments, municipal, provincial
and federal, protect our rights and stand with us!"