(This
column was published in the North
Shore News on
Oct. 15, 2003)
Lawyers join fight for civil redress
By Leo Knight
LAWYERS by and large, take a lot of flack.
And certainly this space has done its fair share of heaping abuse at certain ones along the way. But every now and then, you come across a lawyer doing something genuinely good, for altruistic reasons not self-serving ones. I know it sounds far-fetched, but it's true.
A writ was filed in B.C. Supreme Court yesterday on behalf of Nicholas Chow Johnson and his mom, Grace Chow. They have named Harry Hiscock and two others who were Young Offenders at the time in question, as the defendants in a lawsuit seeking damages for the long term cost of care for Nicholas, who will spend the rest of his life imprisoned in a body that won't work, the result of a brutal attack in October 2001 in Esquimalt on Vancouver Island.
Nicholas was an athletic, intelligent 19-year-old on his way to meet his girlfriend. He was carrying flowers for her. He was swarmed by a gang of blue-wearing boys who called themselves variously, the "Crips" after the infamous Los Angeles street gang, or the "E-Town Boys." They didn't like the fact Nicholas happened to be wearing the colour red, the colour of the "Bloods," the LA gang's cross-town rivals
But Nicholas was not wearing a red bandanna or other gang affectation. His coat was red.
For that transgression, they beat him until his brain was irreparably damaged. Nicholas lives, if you can call it that, with feeding tubes stuck into him. He can't clean himself, feed himself or do any of the things we take for granted. He cannot even move as he lies in his bed in a Toronto-area care centre, imprisoned inside himself for a lifetime.
Said Catherine Murray, Crown Counsel prosecuting the case in B.C. Supreme Court, "He's alive, but not living in any sense of the word."
Harry Hiscock, the leader of the "gang" had only been released from jail less than two days when he sucker-punched Nicholas with a blue-bandanna-wrapped fist. He'd been in and out of trouble since he was 13 years old. He showed no remorse, only a cocky smirk as Madame Justice Sunni Stromberg-Stein sentenced him to eight years in jail for the act of "senseless, gratuitous, recreational violence."
The under-aged gang members who put the boots to Nicholas were dealt with in Youth Court and got two and three years in youth detention along with the ubiquitous period of probation.
The result, eight years jail for the deliberate, brutal and horrific destruction of a good kid's life. Eight years, eligible for early release in 16 months. The maximum time he will serve is 64 months, assuming the parole board regains its sanity and gives him no breaks.
Grace Chow compares this to what happened to her son who "was given a life sentence. He will never work, never have a family, never experience the ordinary joys of music or conversation."
But, in filing this civil action, Grace Chow is fighting back. By doing this, she is demonstrating there are remedies for victims which "may give us more satisfaction than the criminal justice system is able to."
In seeking a substantial financial judgment, Grace Chow hopes they will never be able to buy a car or home. If they ever get jobs a portion of their paycheque will be turned over as compensation for what they did to Nicholas. And, courtesy of a 1997 Supreme Court decision fought by Victoria lawyer Paul Glover, they cannot even hide behind a bankruptcy to discharge a court-ordered obligation in a case such as this.
Back to the concept of a lawyer doing a good thing. Vancouver lawyer Derek Cave is doing this case pro bono - free of charge to Grace and Nicholas. He wants to prove a point for other victims. According to Cave, "the criminal justice system rendered its judgment in this case, but we would like Canadians to realize that civil remedies can also be taken and may provide additional doses of justice in cases such as this."
West Vancouver lawyer David Marley is also involved. He is organizing a fundraising effort to cover the costs associated with an action such as this. Things like registry fees, document costs, medical records and experts' reports. Direct costs to take this case to trial may be as high as $20,000 or more.
Even with a lawyer donating his time, the price of justice is not cheap. But, as a precedent to ensure vicious criminals really do see a meaningful consequence when the justice system fails victims, this is a worthwhile fight.
I applaud their efforts and have committed to doing what I can to help. This is an idea long past due.
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