The Citizen, 2005-04-21, Page 5Other Views
THE CITIZEN, THURSDAY, APRIL 21, 2005. PAGE 5.
Dickens was right: the law is an ass
The worse the society, the more law there
will be. In Hell, there will be nothing
but law, and due process will be
meticulously observed.
I’m not exactly sure which disgruntled
lawyer-to-be scrawled those words on a
marbled bathroom wall in the innards of
Osgoode Hall in Toronto more than half a
century ago, but I think I know what he was
driving at.
The law. as Dickens warned us, is an ass. An
idiot.
Three recent cases of jurisprudence gone
nuts (ail. mercifully, from south of the border)
illustrate the point.
Case number one. Meet Daniel Provencio,
aged 28. a two-time loser incarcerated in a
California prison who is about to take a called
third strike. Unwisely, he decides to
participate in a prison uprising and is
promptly shot in the head by a guard firing
foam bullets.
Daniel Provencio is swiftly taken to the
prison hospital and, in accordance with routine
penitentiary procedure, securely handcuffed to
his hospital bed. He is also assigned an armed
prison guard who is instructed to stand by
Provencio’s bed around the clock.
The only factor that makes this entire
procedure slightly Kafkaesque is the fact that
a prison doctor has already declared Mister
Provencio clinically brain dead. Aha. But he is
still, dead or alive, an inmate.
Therefore according to prison rules he must
be shackled to the bed and guarded by
certified prison officials 24 hours a day.
Sex and booze come first
Do we really need to know so much
about the sex lives and drinking habits
of political leaders?
A new biography of John Robarts,
Progressive Conservative premier from 1961-
71, focuses almost as much on the excessive
drinking of himself and his first wife and rows
with his second as on his political
achievements, which were considerable.
A family-approved biography written by an
academic has existed since the 1980s, but
friends of Robarts felt it was “too dry” and
persuaded TV commentator Steve Paikin to
write another.
Public Triumph, Private Tragedy - The
Double Life Of John P. Robarts (Viking)
plunges deeper into what is generally
considered a politician’s private life than any
book this writer has seen in 41 years covering
politics.
Sometimes it reads like Desperate
Housewives or Valley Of The Dolls.
Robarts married Norah McCormick in their
hometown London and she opposed his
entering politics and after he became an MPP
refused to live in Toronto.
She did not want to leave her bridge-playing
friends and criticized him more than the
opposition parties, saying one public event she
attended was “boring” so loudly some in the
audience heard it.
Robarts had been a hearty drinker and began
having a scotch in the morning and bar
hopping at night to the point friends feared for
his health. But he was at his desk working
each morning.
His wife started drinking heavily and
became an alcoholic. The biography recalls
Robarts, considered a stuffed shirt, once asked
this writer “how are your lovely wife and five
lovely children?” He explained he had noticed
them drawn up waiting in a railway station
where politicians and media were returning
from a trip and seemed to envy a reporter with
a normal family life.
Why the armed guard nursemaid for a man
who can’t move a muscle?
“Potentially, someone could come in and
wheel him out,” a 'prison spokesman
explained.
Err, okay...but why the handcuffs? “If we
were to unshackle him, we’d have to consult
with the prison guards union”.
Cost of the around-the-clock guard: $1,000
a day.
Ironically, Mister Provencio resolved the
dilemma by dying outright after two and a half
weeks in the hospital, leaving behind
just a little over $160,000 in unpaid medical
bills.
Case number two: Daryl Atkins, 27, of
Yorktown, Virginia. A convicted murderer
who turned out to be a little too smart for his
own good.
This was no mean feat, when you consider
that Atkins had officially been declared
intellectually disabled. In fact, it was his
designation of intellectual disability that saved
him from the electric chair. The state of
Virginia has a law making it unconstitutional
to execute any criminals whose IQs register
below 70. Daryl was home free with an IQ
Eric
Dowd
From
Queen’s Park
When Robarts quit politics, he asked Norah
again to join him in Toronto, but she refused
and they divorced.
Robarts at 56 met a “very sexy” nurse,
Katherine Sickafuse, only 28, when he struck
up a conversation in a restaurant, and they
married. One of his friends explained he
wanted sex and she wanted his power and
position, but both were disappointed. She
sunbathed nude at their cottage and his friends
thought her domineering, but he was putty in
her hands.
Robarts’s son, Tim, upset by an irrational
mother and largely absent father, drank, took
drugs and shot himself dead on a riverbank
and Robarts felt guilty. Norah not long after
got drunk while home alone and choked to
death on her supper.
Robarts, once physically powerful, had a
series of strokes, walked with a cane and was
depressed because he looked feeble. His wife
prevented some of his friends visiting him and
most of the things that made life worth living,
including “sexual relations with his beautiful
young wife,” were gone.
Robarts told a friend she refused to make a
meal for him and when he tried, shoved him so
Final Thought
If I have been able to see farther than
others, it was because I stood on the
shoulders of giants.
- Isaac Newton
reading of 59.
At least he was until he started a long and
complicated series of appeals against his
conviction. On a hunch, the state’s legal
experts had Atkins take the IQ test over again.
He scored 74.
A Virginia psychologist speculates that the
jump in Atkins IQ could be attributable to the
‘mental stimulation’ resulting from frequent
talks with his team of lawyers.
Sometime in the spring of this year, a jury
will somberly convene to decide whether
Daryl Atkins has become intelligent enough to
be worthy of execution by the state of Virginia.
Not bizarre enough for you? Then consider
the case of John Taylor, an inmate at Utah
State Prison.
Imagine you are standing with John Taylor
in the exercise yard on a blustery January
evening in 1998. It is bitterly cold, and Taylor
is hunched against the wind, desperately
trying to light a Marlboro cigarette. He is
handcuffed and surrounded by two prison
guards who wait impatiently, stamping their
feet against the cold, as Taylor gets his
cigarette lit and smokes it hungrily down to the
filter.
When Taylor is finished, he grinds out the
butt with his heel, turns and re-enters the Utah
State Prison.
Where he is escorted to the execution shed,
stood against a wall of sandbags and shot to
death by a firing squad.
Capital punishment in Utah is still in effect.
But smoking in public buildings? That’s a
no-no.
in biography
he fell on his back and threatened him with a
knife, but she denied it.
He said he and Katherine both wanted a
divorce, but could not afford to live separately
and later they agreed to try again to make their
marriage work. But soon after he took a
shotgun in their bathroom and shot himself
dead through the roof of his mouth.
Robarts’s brother Bob’s first question was
“did she do it?” and Katherine complained one
of her husband’s friends wanted her arrested
for murder and she tried to bar several of his
friends from the burial service.
This makes engrossing as well as sad
reading and reminds being away from home
can strain politicians’ relations with wives and
the mighty are not immune from tragedy, but
both are well known. Most of the more
sensational events also happened after Robarts
stopped being premier anyway and there is no
evidence any affected his job.
But all the concentration on them leaves less
room for examining Robarts’s policies, which
were important — but not as exciting as sex
and booze.
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Bonnie
Gropp
The short of it
Time to appreciate
As you read this I am wrapping up a bit
of holiday with my hubby. While
someone else moved in to tend to
home and pooch for (he week, we were
soaking up a new environment and climate.
I’ve never been a big traveller; more of an
armchair tourist. Through books I have visited
many places. I’ve admired the rolling hills of
the England countryside, climbed the Eiffel
Tower, smelled magnolias in Louisiana and
struggled in a Congolese jungle.
But with a claustrophobic aversion to
airplanes and not enough time to enjoy a
cruise or ride the rails, I don’t physically stray
too far from home.
Actually the only reasons this adventure
happened were because of a rare opportunity
for it to be inexpensive and its proximity to
home turf made it accessible by car. Add the
fact that we hadn’t enjoyed a vacation like this
in over 20 years and well, it just seemed the
time was right.
The silly part of it, however, was that while
we were preparing, neither of us could admit
to any great excitement. Certainly we were
thrilled to be having the time to hang out
together away from our normal everyday life.
We were looking forward to a visit with
family members with whom we’d be staying.
And yes, the promise of days away from work
to recharge our batteries was definitely
attractive. But we just didn’t have that I-
wouldn’t-miss-this-for-the-world feeling.
It got me thinking that perhaps there’s more
to my lack of touring than my aversion to
flying.
The thing is there are so many wonderful
things to see and do close at hand, that I’m not
sure why anyone travels too far. While leafing
through a recent Ontario tourism magazine, I
was struck by the beauty and variety within
our own province, from butterflies to art
galleries there are spectacular exhibitions for
our aesthetic pleasure. Hiking trails, golf
courses, beaches and fishing spots offer a
bounty of opportunities for active living.
It made me proud. But I was somewhat
nonplussed that while the magazine suggested
it was looking at Ontario as a whole, its focus
was strongly on the GTA, Niagara and Ottawa
regions. It left me with an urge to tell them a
little secret they seem to be missing. Anything
you want to do can be done in Huron County.
It is home to two summer theatres, an eclectic
mix of artisans, museums and galleries. You
can commune with nature or rejuvenate your
senses with a spa treatment at a first-class inn.
Expanding our horizons just a little further,
within our nation’s borders, gives us a hint of
so many places. You want to see France? Visit
Quebec City. Looking for the romance and
wines of Tuscany? What about a trip to
Niagara-on-the-Lake?
From the fishing villages of the east coast to
our Chinatowns to our mountain resorts
Canada is diversity at its best, a relatively safe,
friendly country with history, culture and
variety.
But no one here was offering free
accommodation and food, so it was across the
border for my guy and I. For someone still
sun-starved, with the dampness of spring
permeating my bones, the change in climate
was obviously a welcome treat too. Sun and
warmth, after all, is often in short supply here.
They’re the only thing, I can think of how
ever.