November 5, 2009

By CBC News

A ruling by Manitoba's highest court Thursday to reduce the sentence of a Winnipeg man convicted of sexual crimes against minors is being met with extreme criticism by child-safety and victims' rights agencies.

"Manitoba is becoming the joke of the justice system when it comes to protecting its children," said Steven Baird, managing director of Street Smart Kidz Canada.

"Manitoba stands out as the place where sexual predators can run free and do whatever they want to do," Baird, speaking from the agency's head office in Comox, B.C., told CBC News.

Street Smart Kidz is a cross-Canada initiative offering parents and children information and workshops on safety, including how to recognize and avoid sexual predators.

'Manitoba has a justice system that works only unto itself.' Steven Baird, managing director of Street Smart Kidz Canada

Baird spoke out in frustration after Manitoba Court of Appeal Justice Martin Freedman reduced Brock Golden's child pornography and internet luring sentence to 18 months from 30.

Baird said he's "absolutely disgusted" at Freedman's ruling that Golden's original sentence handed down by provincial court Judge Ken Champagne was "unduly long and harsh."

"I cannot remember being this angry. I feel once again, Manitoba has a justice system that works only unto itself," Baird said. "I think it's absolutely stunning. Citizens need to say 'enough is enough.'"

Case dragged on for years with accused out on bail. Golden the son of former Winnipeg city councillor Al Golden was charged in 2005 after he paid two 14-year-old girls to pose nude and perform sex acts on him after using a false ID on the internet and luring them to a hotel room. More than 200 pictures of the girls were recovered from Golden's computer.

He pleaded guilty in 2007, but sentencing was delayed for nearly a year until last November. He immediately appealed. Other than serving 10 days in jail after being sentenced last November, Golden was out on bail until Thursday morning.

Baird said allowing Golden to remain free as his case wound through the courts provisions were also recently made for the 28-year-old to attend school in Ontario demonstrates to him that there's a two-tiered approach to justice in Manitoba.

"If you are wealthy and you can afford a high-priced lawyer and you have connections, political or whatever, you can get away with whatever you want to do in Manitoba," he said.

Golden began serving his reduced sentence after being led out of court in handcuffs Thursday morning.

Could set poor precedent: Beyond Borders

The president of the Winnipeg chapter of Beyond Borders, an organization dedicated to fighting child sexual exploitation, said she's worried Freedman's decision would have a chilling effect on lower court judges to hand out denunciatory sentences.

"This isn't about one individual and his crimes against children," said Rosalind Prober. "This is about a precedent which will be used across the country."

Prober called the facts of Golden's case "egregious" and said his actions were "hugely damaging" to his teen victims.

"He received a slap on the wrist and that will put a chill over sentencing when we see sexual crimes against kids," Prober said.

Baird said he's concerned that Manitobans fed up with perceived leniency for sexual predators will take matters into their own hands unless things change.

"The dangerous thing that's going to happen, if it does, is parents are going to start taking the law into their own hands and that's the last thing we need to happen. We do not need vigilante justice."

Baird encouraged people to write their elected officials to express their frustration.

"Get a petition going," he said. "Do whatever it takes to make this stop."