Welcome to my Crime and Justice blog! I am a 19 year old criminal justice student at the University of Winnipeg. I advocate for prisoners' rights, human rights, equality and criminal justice/prison system reforms.

Wednesday, May 5, 2010

Maximum time without parole -- 25 years -- sought for Cansanay, convicted of second degree murder


A man convicted of second-degree murder in the drug world killing of innocent bystander Phil Haiart should serve 25 years in prison before he is eligible for parole, a judge was told Wednesday.
A jury convicted 24-year-old Jeffrey Cansanay following a trial last month.
Second-degree murder carries a mandatory sentence of life in prison with no chance of parole for at least 10 years.
Increasing Cansanay’s parole ineligibility to the maximum period of 25 years “would reflect the nature of the offence and the circumstances of its commission,” Crown attorney Gerry Bowering told Justice Shawn Greenberg.
“The murder he committed was one of those harsh awakenings for the city of Winnipeg,” Bowering said.
Haiart, 17, was walking near a McGee Street crack house in October 2005 when he was caught in the line of fire of two warring gangs and suffered a fatal gunshot wound to the abdomen.
Jurors heard evidence Cansanay and a then 17-year-old co-accused, Corey Spence, were associates of the African Mafia, a splinter gang of the Mad Cowz, with whom they were engaged in a bitter turf war.
Jurors heard Spence had split from the Mad Cowz to sell drugs on his own. The Crown argued he ordered Cansanay to shoot at rival gangsters Corey Amyotte and Gharib Abdullah as they fled the area on bicycles.
Haiart and another man were caught in the line of fire.
Jurors found Cansanay guilty of three additional counts of discharging a firearm and not guilty of two counts of attempted murder. Defence lawyer Greg Brodsky argued the verdict showed jurors believed Cansanay lacked the intention to kill.
“There was a recklessness that amounted to second-degree murder ... This is an issue of recklessness, not deliberation,” said Brodsky, who urged Greenberg not to increase Cansanay’s period of parole ineligibility.
Cansanay stood trial two times for killing Haiart. Cansanay was acquitted at his first trial in 2008. Justice Morris Kaufman ruled at the time videotaped statements given to Winnipeg police by Amyotte, Abdullah and another street gangster Jammal Jacob could not be admitted as evidence.
The gang members refused to testify in person and the Crown’s case collapsed. Without their police statements, the Crown had no direct evidence linking Cansanay to the killing.
All three gangsters were later convicted of contempt of court and sentenced to jail terms. Amyotte and Abdullah both testified at Cansanay’s second trial.
Spence was convicted of second-degree murder following a trial in 2007 and sentenced as an adult to life in prison.
Cansanay, a native of the Philippines, faces almost certain deportation upon the completion of his sentence.

A man convicted of second-degree murder in the drug world killing of innocent bystander Phil Haiart, should serve 25 years in prison before he is eligible for parole, a judge was told this morning.
A jury convicted Jeffrey Cansanay following a trial last month.
Second-degree murder carries a mandatory sentence of life in prison with no chance of parole for at least 10 years.
Increasing Cansanay's parole ineligibility to the maximum period of 25 years "would reflect the nature of the offence and the circumstances of its commission," Crown attorney Gerry Bowering told Justice Shawn Greenberg.
Cansanay was convicted in the shooting death of Haiart on April 22.
Defence lawyer Greg Brodsky urged Greenberg not to increase Cansanay's period of parole ineligibility.
"There was no intention to kill," Brodsky argued. "There was a recklesness that amounted to second-degree murder ... This is an issue of recklesness, not deliberation."
Haiart, 17, was walking near a McGee Street crack house in October 2005 when he suffered a fatal gunshot wound to the abdomen, apparently caught in the cross fire between gang members.
Jurors heard evidence Cansanay and a then 17-year-old co-accused, Corey Spence, were associates of the African Mafia, a splinter gang of the Mad Cowz, with whom they were engaged in a bitter turf war.
Jurors heard Spence had split from the Mad Cowz to sell drugs on his own. The Crown argued he ordered Cansanay to shoot at rival gangsters Corey Amyotte and Gharib Abdullah as they fled the area on bicycles.
Haiart and another man were caught in the line of fire.
Spence was convicted of second-degree murder following a trial in 2007 and sentenced as an adult to life in prison.

Killer gangster must do 25 years: Crown
Manitoba justice is seeking the maximum sentence for a gang member who killed an innocent bystander during a gunfight with a drug-dealing rival.
Jeffrey Cansanay was convicted last month of second-degree murder, which carries a mandatory life sentence with no parole eligibility for at least 10 years. But the Crown wants Justice Shawn Greenberg to order Cansanay to spend at least 25 years behind bars -- the same punishment a person convicted of first-degree murder would face and the most severe sentence in the Criminal Code. "This was not a spur-of-the-moment shooting. He was prepared to shoot rivals on sight," prosecutor Gerry Bowering told court.
Cansanay, 23, was convicted for his role in the October 2005 killing of Phil Haiart. Haiart, 17, was walking in the West End when he was caught in the crossfire. Defence lawyer Greg Brodsky argued there is no reason to depart from the minimum parole eligibility because his client had no intention of killing Haiart.
Greenberg reserved her decision.
Jurors were asked to make a parole recommendation following their verdict. One wanted time before parole raised to 25 years, one wanted it raised to 17 years, three wanted it raised to 15 years, four wanted to keep it at 10 years, and three jurors had no suggestion.
Cansanay previously went on trial in 2007 but was cleared by a judge who refused to allow videotaped police statements of two unco-operative key witnesses to be played in court. The Manitoba Court of Appeal later overturned the decision and ordered a new trial, saying the judge had erred.
The two intended targets in the shooting were Gharib Abdullah and Cory Amyotte, who gave video statements in which they blamed Cansanay and co-accused, Corey Spence. Their street gang, the Mad Cowz, had been waging war on Cansanay and his associates for selling drugs on their turf. Their statements were pivotal to the Crown's case because police never recovered the gun used to shoot Haiart.
However, Abdullah and Amyotte refused to testify at Cansanay's first trial. The Crown tried to have their videotaped statements shown to jurors, but a judge refused. With no other evidence, the Crown was forced to close its case.
At Spence's trial, the judge allowed the videotaped evidence. The 19-year-old was convicted and given life in prison with no chance of parole for seven years.
Abdullah and Amyotte were cited for contempt of court and received precedent-setting prison terms -- four years for Amyotte, three-and-a-half for Abdullah. Both men testified at Cansanay's second trial in March. Abdullah told jurors he saw Cansanay open fire on him and Amyotte. Amyotte said he was in hiding at the time and didn't see anything.

Maximum sentence sought for Jeffrey Cansanay
WINNIPEG  - The Crown is seeking the maximum sentence allowed by law for a Winnipeg gang member who killed an innocent bystander with a stray bullet in a gunfight with one of his drug-dealing rivals.
Jeffrey Cansanay was convicted last month of second-degree murder, which carries a mandatory penalty of life in prison with no parole eligibility for at least 10 years.

Crown attorney Gerry Bowering today told Queen’s Bench Justice Shawn Greenberg she should use her judicial discretion and order Cansanay to spend at least 25 years behind bars – the same punishment a person convicted of first-degree murder would face, and the most severe sentence in the Criminal Code.
Defence lawyer Greg Brodsky argued there is no reason to depart from the minimum parole eligibility. Greenberg has reserved her decision until later this spring.
Jurors were asked to make a parole recommendation following their verdict, and were all over the map:
  • one juror wanted time before parole raised to 25 years,
  • one wanted it raised to 17 years,
  • three wanted it raised to 15 years,
  • four wanted to keep it at 10 years, and
  • three jurors had no suggestion.
Cansanay, 23, was convicted following a six-week trial for his role in the October 2005 killing of Winnipeg teen Phil Haiart. Haiart, the 17-year-old son of a Winnipeg surgeon, was walking in the West End when he was caught in the crossfire of a gang shooting. His death outraged Winnipeggers and triggered beefed-up police patrols of the area.
Cansanay, 23, previously went on trial in 2007 but was cleared of any wrongdoing by a judge who refused to allow videotaped police statements of two uncooperative key witnesses to be played in court. The Manitoba Court of Appeal later overturned the decision and ordered a new trial, saying the judge had erred in law.
The two intended targets of the bullets that hit Haiart were Gharib Abdullah and Cory Amyotte, who gave lengthy video statements in which they blamed Cansanay and his co-accused, Corey Spence. Their street gang, the Mad Cowz, had been waging war on Cansanay and his associates for selling drugs on their "turf" inside a McGee Street home. Their statements were pivotal to the Crown’s case because police never recovered the weapon used to shoot Haiart, so no forensic analysis could be done.
However, Abdullah and Amyotte refused to take the witness stand at Cansanay’s first trial. The Crown then tried to have their videotaped statements shown to jurors, but Justice Morris Kaufman refused on the grounds it wouldn’t be fair to Cansanay to let their words go unchallenged by cross-examination. With no other evidence, the Crown was forced to close its case.
At Spence’s case a few weeks later, the judge agreed with the Crown’s motion and jurors watched their videotaped evidence. The 19-year-old was convicted and given life in prison with no chance of parole for at least seven years after being raised from youth court.
Abdullah and Amyotte were cited for contempt of court for their refusal to testify and received precedent-setting prison terms -- four years for Amyotte, three-and-a-half for Abdullah.
Both men were called to testify when Cansanay’s new trial began in March. Abdullah was now co-operative, telling jurors he saw Cansanay open fire on him and Amyotte.
"Shots were going everywhere," he said. "I don’t know where they landed."
However, Amyotte took the witness stand and claimed he was "in hiding" at his girlfriend’s house at the time of the shooting and didn’t see anything. The Crown was then allowed to play his videotaped police statement for the jury. Amyotte claims he lied to police to avoid being charged for a string of other crimes he’d committed, including a shooting the night before Haiart was killed.
Brodsky told jurors in closing arguments it was dangerous to believe anything Abdullah and Amyotte told police and that his client should be cleared of any wrongdoing.

First of all, I think the headline of this article is biased. This man should not be labeled a "killer" just because 12 people decided he was. There is still a chance that he was wrongfully convicted or convicted of the wrong offence and he should not be given such a label. His guilt will never be certain.

I do not agree with the maximum time of 25 years without parole. First of all, I did not think there was enough evidence to prove Cansanay's guilt beyond a reasonable doubt and I thought he should have been found innocent or at least, guilty of manslaughter and discharging a firearm x2. Research has shown that longer prison sentences actually increase recidivism significantly for violent offenders. This is not in society's best interests, because one day, this man will be released. Personally, I disagree with MMS, because they leave judges with no discretion in considering all circumstances of a crime and of the offender, in deciding upon an appropriate sanction. Also, with longer sentences, comes institutionalization of the inmates. They become institutionalized to the point where they are no longer capable of functioning properly in the outside world. They begin to lose the ability to think for themselves and make their own decisions freely, as prison is a total institution, where activities and movements are strictly controlled, with routines, restrictions and rules. 

In this case, I feel that the best option for society's interests, would be imposing 10 years with no parole. There is no reason to depart from the minimum parole eligibility because Cansanay had no intention of killing Haiart. He was caught in the crossfire. 

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