NDP agrees to order probation officers to report breaches to police

NDP agrees to order probation officers to report breaches to police

THE NDP is now onside with a Tory call for zero tolerance on probationary breaches for high-risk offenders.

Weeks after brushing it aside, the NDP quietly agreed with the Tories that such a plan was a good way to hold repeat criminals more accountable. The Tory motion got unanimous support late Thursday in the Manitoba legislature, including from Justice Minister Andrew Swan.

Progressive Conservative Leader Hugh McFadyen said Friday the NDP flip-flop is in the best interest of public safety.

"We have always been consistent on this," he said. "When there are breaches by high-risk offenders, they should be reported to police for follow-up."

The furor over probation breaches erupted more than a month ago when the Free Press reported a 14-year-old high-risk offender thumbed his nose at the law 24 times without any consequences in the days leading up to March 29, 2008, the night he piloted a stolen SUV that killed city cab driver Tony Lanzellotti.

The boy, now 16, was handed a maximum sentence of two years' closed custody under the Youth Criminal Justice Act on Friday.

He was also given a 10-year driving prohibition.

Fadyen said the passing of the resolution means the province will have to instruct its probation officers to report breaches by high-risk offenders, like repeat car thieves, to police. It will be up to police to decide what to do. The motion also requires the Department of Justice to report all breaches on a quarterly basis to the legislature.

Swan was unavailable for comment Friday.

I agree to an extent. I would specify the nature of the breaches which must be reported. For example, if a teen is 10 minutes late for their curfew or an appointment with a probation officer, that is a breach, but a very minor one and they may have a good reason. These types of minor breaches should NOT have to be reported. Their should be discretion in this area. Major breaches, such as skipping school when required to attend, or skipping work, for non-legitimate reasons, should be reported, for example. 

Teen sentenced for killing cab driver in crash

No adult sentence for teen who killed cab driver

WINNIPEG - A high-risk car thief who was just 14 years old when he killed a Winnipeg cab driver with a speeding, stolen SUV will not be given an adult sentence.

Queen’s Bench Justice Lea Duval ruled late Friday morning the boy, who is now 16, will remain under the authority of the Youth Criminal Justice Act. She gave him the maximum sentence of two years closed custody, followed by one year of community supervision. Duval also exercised her discretion under the YCJA and gave the teen no credit for more than two years of time already served.

He was also given a 10-year driving prohibition. The youth pleaded guilty earlier this year to criminal negligence causing death and bodily harm for his role in the March 2008 crash that killed Antonio Lanzellotti.

The Crown was seeking an adult sentence against the teen, who comes from a prominent family of criminals with strong ties to the Mad Cowz street gangs. Several of those members were in court Friday morning.

Prosecutor Brent Davidson had requested another 23 months of jail, in addition to just over two years of time already spent in custody they concede should be given double-time credit. On paper, it would be noted as a six-year sentence.

Duval essentially imposed the exact sentence the Crown was seeking, but just under the guise of a youth disposition.

The teen – who could have been named if an adult sentence was imposed — was seeking just eight more months behind bars.

At his sentencing hearing earlier this spring, probation officials revealed how the teen breached an existing probation order 24 times in the weeks preceding the deadly crash. However, they used their own discretion and decided not to report any of the breaches to police.

Cheryl Dyck, who served as the boy’s probation officer, told court how the teen was originally sentenced on Feb. 8, 2008 on charges including car theft, drug offences and numerous breaches of court orders. The boy was given probation and placed on the most stringent youth criminal supervision program in Manitoba. His conditions included abstaining from alcohol and a nightly 10 p.m. curfew.

Dyck admits her department caught the teen violating his curfew on several occasions but never reported the incidents to police, who could have arrested him and detained him in custody on new charges. Instead, they upgraded his status to "high-risk" but allowed him to remain free in the community. Dyck said it’s not uncommon to ignore initial violations of young offenders.

"Once a pattern of non-compliance is established then we breach the client," she testified. The revelation prompted an outcry in the provincial legislature and a review of current policies and procedures.

On the night of March 29, 2008, the boy had been drinking and consuming drugs with a large group of youths loitering around a downtown apartment building armed with two stolen vehicles. The group scattered when they saw police headed their way. The boy was driving a Chevy Avalanche containing six other young offenders. He began racing a stolen Silverado that had the other seven youths, court was told. The boy reached speeds of 139 km/h — the legal limit is 60 km/h — and blew through two red lights on Portage Avenue before slamming into the taxi being driven by Lanzellotti at the corner of Portage and Maryland Street.

Lanzellotti, 55, died instantly. He suffered a massive skull fracture, broken ribs and legs and trauma to his brain and chest. A passenger in the cab was seriously injured.

The boy was ejected from the SUV and seriously injured. He initially denied any responsibility, telling police he was innocently walking down the street when he was struck by flying debris. He later admitted to being in the car but claimed another youth was driving. Police got him to admit the truth when DNA off the driver’s side airbag was a perfect match to him. The Crown agreed to drop a manslaughter charge in exchange for his guilty plea.

Dyck told court the boy has made great progress during his two years in youth custody but remains a medium risk to reoffend. She said his biggest obstacle is his own criminally entrenched family, although several relatives have since been deported to Africa.

"He has the ability, we believe, to learn from what happened and benefit from what we’re teaching him," said Dyck. "I think he’s way better equipped now to deal with the issue he’s going to face when he gets out."

The Crown supported having the boy serve the rest of an adult sentence in a youth facility because of the various treatment and programming options available to him. But Davidson said the limits of a youth sentence don’t express strong enough condemnation for the crime he committed.

City police Det.-Sgt. Kevin Kavitch also testified at the hearing about the high rate of car theft in Winnipeg at the time of Lanzellotti’s death. He provided statistics showing the vast majority of offenders are youths who deliberately try to engage police in high-speed chase, putting all on the road in danger. Kavitch said between Jan. 1, 2006 and the day Lanzellotti died, police in the stolen auto unit arrested 519 people, of whom 417 were young offenders.
Several other family members were in court Friday, including an older half brother who made gang signs and shouted obscenities upon leaving court.

Cabbie`s killer to ber jailed two more years

This headline is inflammatory and biased. It is just asking for a public outrage because the teen did not receive an adult sentence. It also implies the author`s opinion that this teen should have received an adult sentence.  It is also biased by not elaborating on the nature of the breaches this boy had while on probation. To my knowledge, they were relatively minor, and he should not have been charged for them. They definitely did not include him committing any new crimes. It should have been mandatory for him to participate in substance abuse treatment as opposed to simply ordering him to abstain from alcohol.

I completely agree with the Judge imposing a youth sentence. Youths should always be subject to the YCJA and should always be sentenced as youths. Rehabilitation and reintegration are the most important goals of youth sentences and it must remain that way. I disagree though, with the length of the sentence. This teen has already spent 2 years in custody and should have been given only 8 more months, as his lawyer suggested. The longer he spends in jail, the more likely he will become a more hardened criminal, and more involved in the criminal lifestyle. Longer sentences increase recidivism and decrease the likelihood of successful reintegration. I completely understand why this teen has been involved in crime. He comes from a family of prominent criminals. Those are not exactly positive role models who are going to teach this teen morals and values. The fact that he has gang ties, shows that he is either lacking attention or interaction from family members or is neglected or abused and therefore, feels a need for belonging and a sense of family, which he found in the gang. If you are surrounded by family members involved in crime, gangs, impoverished neighbourhoods filled with crime and negative influences and little opportunities, it makes complete sense that this teen became involved in crime. He was set up to fail.

This teen should have received 8 months custody and 2 years probation. He should have been required to take life skills programming, participate in a youth mentorship program, gang desistance, communication skills, problem solving skills, counseling and family counseling.     

Teen sentenced for killing cabbie in crash

A 17-year-old boy will spend the next two years behind bars and third one under house arrest after being convicted Friday in connection with the death of Winnipeg taxicab driver Antonio Lanzellotti.

The youth, now 17, was 14 when he was behind the wheel of a stolen Chevy Avalanche SUV that raced through a red light at Portage Avenue and Maryland Street and slammed into Lanzellotti's taxi on March 29, 2008.

Lanzellotti, 55, died instantly.

The teen, who can't be named under provisions of the Youth Criminal Justice Act, was initially charged with manslaughter.

He pleaded guilty in December 2009 to a lesser charge of criminal negligence causing death and bodily harm.

In return, the Crown stayed charges of manslaughter and possession of property obtained by crime.

Crown sought adult sentence

Crown prosecutor Brent Davidson lost his bid to seek an adult sentence for the teen, which would have meant a maximum sentence of life in prison.

Queen's Bench Justice Lea Duvall ordered the sentence to be closed custody, meaning the teen must serve the entire two years locked up.

'I'm sorry for, like, what happened. I wasn't thinking back then - wasn't thinking of my future.'—Teen sentenced in connection with taxi driver death

The teen, whose brother is a high-ranking member of the violent Mad Cowz street gang, was also not given any credit for the two years he has already served behind bars.

He has been in custody since he was arrested days after the deadly crash.

Given the opportunity to speak prior to the sentence being handed down, the teen told court, "I'm sorry for, like, what happened. I wasn't thinking back then — wasn't thinking of my future.

"I just hope the best for what happens today and move on from there."

The teen's father also spoke, apologizing to the court and Lanzelotti's family.

"I just want to say sorry to the other family for causing pain to them. I'm praying every day for them," he said.

Some people in court supporting the teen left the courthouse flashing gang signs as they walked away.

"I think he got a good deal," one of the teen's supporters said.

The teen's lawyer, Evan Roitenberg, told reporters he is satisfied with the result.

"I'm happy that [Duvall] came to the conclusion that a youth sentence was warranted," he said.

Two years custody for fatal cab crash
A 16-year-old boy behind the wheel of a stolen sport utility vehicle that killed city cab driver Antonio Lanzellotti has been sentenced to two years custody and one year community supervision.
The boy previously pleaded guilty to criminal negligence causing death. The sentence is the maximum allowed under the Youth Criminal Justice Act.
Justice Lea Duval rejected a Crown application for the youth be sentenced as an adult.
An adult sentence could have meant the youth would spend six years in prison.
The boy was 14 at the time of the March 2008 crash.
The sentence is in addition to the two years the youth has already spent in custody.
The boy and six other youths were in a stolen Chevrolet Avalanche, racing a stolen Chevrolet Silverado pickup when the Avalanche blew through two red lights and hit Lanzellotti's cab.
The boy was one of 13 youths and one adult arrested in connection with the March 2008 crash.
According to an agreed statement of facts, the Avalanche was travelling 139 kilometres per hour at the time of impact.

Adult sentence denied
A teenage boy behind the wheel of a stolen sport utility vehicle that killed city cab driver Antonio Lanzellotti has been sentenced to two years custody and one year community supervision.
The boy, who was 14 at the time of the crash, previously pleaded guilty to criminal negligence causing death and criminal negligence causing bodily harm. His sentence is the maximum allowed under the Youth Criminal Justice Act and is on top of two years he has already spent in custody.
Justice Lea Duval rejected a Crown request the youth be sentenced as an adult.
The boy was one of 13 youths and one adult arrested in connection with the March 2008 crash. The boy and six other youths were in a stolen Chevrolet Avalanche, racing a stolen Chevrolet Silverado pickup, when the SUV blew through two red lights and hit Lanzellotti’s cab at the intersection of Maryland Street and Portage Avenue. Lanzellotti died instantly.
The youth suffered a dislocated hip in the crash. When police found him walking down Portage Avenue he claimed he had been injured by flying debris from the crash. Later, while in custody, he admitted being a passenger in the Avalanche and identified a different suspect as the driver.
DNA evidence
The youth didn’t admit he was the driver until police confronted him with evidence his DNA was found on the steering wheel airbag.
The youth offered a short apology in court.
“I wasn’t thinking back then,” he said. “I was young, I was still 14 years old.”
Several of the youth’s family members were present in court for sentencing, including known gang members. Outside court one of the gang members said: “Four years, not a bad deal for a life.”
A sentencing hearing in April generated a firestorm of controversy after the youth’s probation officer testified he repeatedly violated a court-ordered curfew and skipped school before the fatal crash. The breaches were never reported to police.
“If he simply would have been able to comply with his probation order he would not have been involved in this incident ... (and) Antonio Lanzellotti would still be alive,” Crown attorney Brent Davidson told court.
The youth is the last of the 14 accused to be sentenced in the crash.

Man with numerous probation breaches, given another chance at freedom

Man "likely to kill" but gets release -- Psychiatrist's opinion, Judge's reservations, breached conditions not enough to detain him

A Harvard-educated Winnipeg businessman with a history of terrorizing his estranged family is back on the streets, despite a psychiatrist's opinion he is "likely to kill."

The man -- who the Free Press is not naming to protect the identity of his victims -- was arrested last week for allegedly breaching conditions of his bail and probation orders.

Provincial court Judge Ray Wyant agreed to release him back into the community despite expressing serious concerns.

"There are a lot of things... that raise a lot of red flags for me," Wyant said in a hearing that wasn't covered by a publication ban.

Crown attorney Terry McComb argued the man, who is in his 30s, should remain behind bars. He spent nearly an hour going through extensive details of the man's troubling behaviour. He has been diagnosed with a narcissistic personality disorder and has made repeated threats to go on a deadly shooting spree against those he believes wronged him.

"He speaks of himself as being a ticking time bomb," McComb told the judge.

"He speaks of having a holy war, of having another Columbine or Virginia Tech" (massacre).

The man pleaded guilty in a Kenora courtroom last year to holding his parents hostage for several hours inside their Lake of the Woods cottage. He was under both a bail order and a restraining order to have no contact with them at the time of the 2007 incident, court was told.

The man, who has both Canadian and American citizenship, chartered a boat on the U.S. side of the lake, used a bogus name to get through customs then broke into the cottage, armed with an aluminum bat.

He ordered his parents to sit on a couch, saying "I could kill you both right now."

He blamed them for problems with his business interests and difficulties he had with his ex-wife and her family, who are also prominent Winnipeg business owners. He was also angry at not being allowed to see his children without supervision, court was told.

"Ultimately his parents were able to talk to him, to calm him down and he said he couldn't kill them," McComb said.

The man admitted to charges of criminal harassment, unlawful confinement, uttering threats, assault with a weapon and numerous breaches. He was given time in custody and two years of probation, which would be monitored by Manitoba's high-risk offender unit.

He still faces two charges of uttering threats from 2007. Those involve allegations he said he would kill his parents, his ex-wife and several members of her family during telephone conversations. He claimed he had "bought a .45 from a black man" and was prepared to use it.

"He said this would be all over the news, that he was incapable of surrender. He said 'I'll fight to the death. This is war. It will go down in blood. I don't care if I go out in a hail of bullets,' " McComb told the judge.

The man's trial on those charges is set for this fall. He's free on bail, and his conditions include a nightly curfew and non-contact order. He has reluctantly attended court-ordered counselling but has shown little interest in taking responsibility, court was told.

Last month, he told his psychiatrist he would no longer participate in conversations and would instead do yoga during future sessions.

"He apparently feels the whole system should bend to him. He doesn't appreciate how serious this is," McComb said.

"(The psychiatrist) does indicate he believes... he is likely to kill."

Police arrested the man last week after probation officials conducted four curfew checks in which he didn't answer his telephone at the Pembina Highway hotel where he lives with his new girlfriend, court was told.

The man took issue with his arrest during his bail hearing, in which he acted as his own lawyer. He said he was inside his room, as required, but never heard the phone ring.

"I haven't breached. I don't take my release lightly. My freedom is very important to me," he said. The man blasted the Crown, police and probation officials for targeting him.

"The system keeps screwing me," he said. "I'm hearing a lot about a monster. That person I don't recognize as myself. I'm trying to work towards peace and reconciliation. I do not have any major mental problems. I'm not capable of doing these things that people said I could do. I'm not a danger to society."

The man spoke for nearly 30 minutes straight, pleading with Wyant to give him another shot at freedom. He bragged about his many accomplishments, from his education at a prestigious U.S. college and winning a Winnipeg business award, to dominating the competition during weeknight floor hockey games at a Winnipeg church.

"I'm the top scorer, by the way. But that sounds narcissistic, so I won't say that," he told the judge. The man also compared his plight to that of Mahatma Gandhi and Martin Luther King Jr.

"I'm a guy who's been dealt a bad break by his family," he said.

Wyant chastised the man for his "me, me, me" attitude, noting he has already been convicted of serious criminal charges. However, he agreed to give the man one more shot at bail, warning any further breaches would likely result in a lengthy stay in jail.

"The authorities are going to be watching your every move," he said.

First of all, the headline is very biased. You can immediately know the author's opinion (that he feels this man should be held in custody) from the way he puts the psychiatrist's opinion as if it were a fact, in the headline. News stories are supposed to be unbiased. It is also biased in the fact that fails to state anything about the accused's background life, which may be a mitigating factor, or any other mitigating factors. 

I agree with the decision to release this man on bail. He is a successful university graduate and businessman who suffers from a personality disorder, which needs to be treated. That cannot happen in jail. His condition would likely only worsen. I agree with the bail but also feel this man should have to adhere to very strict conditions, including attending counseling and treatment. 

This man missed 4 phone calls. It doesn't mean he breached his curfew. That's not even a serious violation. He has been on bail without breaching for 3 years so the Judge obviously considered the fact that he does appear to abide by his court orders. The breach of probation charge could be something simple and not serious such as failing to keep the peace. It could be a simple mistake. Just because he breached his bail and probation doesn't mean he is any more dangerous. It doesn't mean that because he breached his bail and probation that he's alleged to have committed two separate offences. Failing to keep the peace is a breach that an officer lays any time someone on probation picks up a new charge. 

In addition, he has previously only expressed aggression and anger towards family members and relatives, not anyone from the general public, so I do not think he would be a danger to the public. 

Ankle bracelet monitoring could be effective, but we need more resources

Ankle bracelet program works in the US, Tory says

Manitoba would have better success at monitoring high-risk car thieves wearing GPS-equipped electronic ankle bracelets if it put more resources into the program, Manitoba's Progressive Conservatives say.

Tory justice critic Kelvin Goertzen said the experience in the United States shows electronic monitoring works in reducing re-offence rates for all levels of offenders across all age groups.

He cited a recent study done by the Center for Criminology and Public Policy Research at Florida State University, which examined the 22-year history of electronic monitoring in Florida.

It found electronic monitoring reduces the likelihood of an inmate failing to follow a community supervision court order. The reduction in the risk of failure is about 31 per cent, relative to offenders placed on other forms of community supervision, the study found.

It also said approximately one in three offenders under electronic monitoring would have served time in jail if not for the electronic surveillance option available to the courts. Given that it costs six times more to jail an offender in a Florida state prison than to put them on electronic monitoring, the study found the bracelets to be a cost-effective way of dealing with many offenders. It recommended expanding the program.

Florida has used different forms of electronic monitoring for more than 25 years. Last year, it had 2,933 offenders on GPS electronic monitoring.

By comparison, Manitoba has up to 20 young offenders under electronic monitoring at any given time.

Goertzen said the success of electronic monitoring depends on having the police resources available to respond quickly to breaches. Offenders who remove or tamper with the anklets must also face stiffer penalties.

The province's electronic bracelet monitoring program has been under fire after the Free Press reported a probation officer allowed a high-risk young offender to return to the community without wearing a court-ordered electronic ankle bracelet.

Attorney General Andrew Swan recently released figures that indicate the benefit of electronic monitoring is mixed at best. Since April 2008, 29 of the 49 high-risk young offenders fitted with the monitors removed them before the completion of their terms. Two of the teens removed their devices four times. Swan said the NDP has recruited a University of Manitoba researcher to review the program which will cost taxpayers $850,000 over three years.

Manitoba's program is similar to one run in Nova Scotia, which has used electronic monitoring on adult and young offenders since 2006. Last year, the Nova Scotia Department of Justice said electronic monitoring has, "shown to be an effective tool to assist in the monitoring of appropriate high-risk youth on house arrest."

I agree that more resources need to be allocated to this program, because ankle bracelets can be effective and are an alternative to sending youths to prison. However, I do think discretion must be given with tampering, etc. If this happens, youths should not automatically be sent to prison but maybe to a more intensive community sanction, such as intensive probation or a residential youth group home. Prison should not be over-relied upon, because it will only cause more overcrowding. 

No more discretion for probation officers -- Young offenders must follow court orders

No more discretion for probation officers; young offenders must follow court orders

PROBATION officers will have no discretion when it comes to young offenders ordered by a judge to wear an electronic monitoring ankle bracelet, Premier Greg Selinger said Tuesday.

It's the first sign the province is putting its foot down on its probation services after a week of stinging criticism from the Opposition Progressive Conservatives that too many young convicted car thieves ignore court orders because they know they won't be reported to police and re-arrested.

The issue:
The Selinger government has been blasted for the past week on why a 14-year-old chronic car thief thumbed his nose at the law 24 times without consequence in a six-week period, leading to him killing a Winnipeg cab driver with a speeding, stolen SUV in March 2008.
The response:
Attorney General Andrew Swan rejected calls for a tougher zero-tolerance policy on young offenders who breach court orders. Swan said that approach won't help make these kids better people.
What's new:
The NDP was hammered again Tuesday by the Opposition Progressive Conservatives and Liberals in reaction to a Free Press story that a probation officer allowed a high-risk young offender to return to the community without wearing his court-ordered electronic ankle bracelet. The youth, 17, went on to commit several new crimes, including a violent home invasion in which he and two adult gang members attacked a man in front of his four-year-old son.
The response:
Premier Greg Selinger said the system failed and vowed it won't be repeated.
"Where an electronic monitoring device is required by a court order it should be implemented fully without any exceptions for the full period of the court order in order to ensure that individual is monitored on a 24-7 basis," Selinger said.

Selinger was responding to a case reported by the Free Press in which a provincial probation officer allowed a high-risk young offender to return to the community without wearing a court-ordered electronic ankle bracelet.

"This incident is one which is unacceptable to the public, it's unacceptable to this government and I'm sure it's unacceptable to every member of this legislature," Selinger said firmly in question period. "Clearly, when these kinds of things happen the system can improve its ability to protect public safety and security."

Selinger said when a young offender is ordered to wear an anklet as part of a probation order, as many high-risk auto thieves are, the government now expects them to wear it until the court order expires.

"Resources are being reallocated to provide more monitoring and enforcement for court orders for high-risk offenders," the premier said.

The government's tougher stance on how probation officers do their jobs came after Attorney General Andrew Swan meet Tuesday morning with the province's top law enforcement officials to tighten up probation enforcement.

Swan said he's ordered a review of the case reported by the Free Press to see what went wrong. The results are expected to be known in the coming days.

Tory Leader Hugh McFadyen said the province has to take it one step further by also bringing in a zero-tolerance policy so that any breach by a high-risk offender, no matter how slight, lands them back in jail.

The Tories also want the government to disclose how many young offenders are in breach of a court order.

The province has so far declined to do either.

Progressive Conservative Justice Critic Kelvin Goertzen said what Swan can do is crack down on probation officers buying "treats" with department funds for the kids they're supposed to be watching, including Slurpees, doughnuts and tickets to Goldeyes baseball games.

Details of the spending -- Swan describes it as a reward for good behaviour -- came out Monday during a budget-estimates meeting.

"No wonder... high-risk offenders keep coming back into the NDP system of justice," Goertzen said Tuesday. "It's like Disneyland. It's the happiest place on Earth. Slurpees, doughnuts, baseball tickets. It's time he stopped trying to be a pal to every offender."

Swan said he has committed to go through the past five years of probation services spending to see what was spent by officers on young offenders, and what was actually bought.

He said he has not ordered a halt on that spending pending the outcome of that review.

I agree with high risk young offenders being required to wear an ankle bracelet, if that is the sanction they receive from the court. And I also agree with the youths being rewarded occasionally with a treat, if they display good behaviour. It's classic operant conditioning. Rewards are an incentive for teens to maintain their good behaviour, in order to get another reward. I see no problems with that.  

Time to probe probation

Justice Minister Andrew Swan's spirited defence last week of probation officers' wide discretion in monitoring youth in the community was weakened Tuesday amid revelations a serious young offender was allowed to walk free of his court-ordered ankle bracelet. Winnipeggers are worried about the probation system's ability to keep the public safe.

Mr. Swan says probation officers must exercise professional judgment. True, minor breaches -- late for school, late for checking in with a probation officer -- should not launch an offender back into jail.

There may also be a disconnect between whom the courts and probation services regard as best candidates for ankle bracelets. An inveterate offender is unlikely to be deterred by a bracelet that apparently is easy to remove -- Mr. Swan has told a legislative committee two youths removed bracelets four times each.

But they can't work, in any case, if they're not used. In the most recent case of a failure of probation services to enforce court-ordered conditions of release, a young offender landed repeatedly back in jail and each time he was released in the community without the tracking device a judge had insisted he wear. This year, while on probation, the youth invaded a North End home, where a man was beaten up.

Mr. Swan has announced another review, this one to assess what went wrong. The probation officers' union says the problem lies with a system incapable of keeping up with demand. There are up to 12,000 outstanding warrants in Manitoba but jails are overloaded (see commentary elsewhere on this page). The union concludes there aren't enough jail cells to hold offenders.

It is equally true that without effective enforcement, it is futile for courts to impose conditions upon release. Further, the Justice department does not analyze who is breaching, how seriously and how many on probation commit new crimes.

Mr. Swan and his NDP predecessors insist it is the Youth Criminal Justice Act that is the problem. Absent good analysis, Manitobans can't have real confidence in that assertion. Mr. Swan's immediate concern should be to find out if probation officers have lost faith in both the law and the system.

New probation oversight, review

New probation oversight, review

Free of ordered ankle bracelet, teen re-offended

A provincial probation officer recently allowed a high-risk young offender to return to the community without wearing his court-ordered electronic ankle bracelet.

The youth, 17, went on to commit several new crimes, including a violent home invasion in which the youth and two adult gang members attacked the victim in front of his four-year-old son.

An internal Manitoba Justice investigation is now underway to determine exactly what went wrong, with the results expected to be forwarded to provincial Justice Minister Andrew Swan in the coming days.

"This is going to hit the fan," a justice source said Monday. The matter will also be discussed in-depth at the next regular meeting between Crown attorneys, probation officers and police.

"This sort of thing is going on all the time," a veteran prosecutor told the Free Press.

The NDP government came under fire last week after a probation officer revealed in court their department regularly overlooks court orders by not immediately reporting breaches to police. A 14-year-old chronic car thief was able to thumb his nose at the law 24 times without consequence in a six-week period leading up to him killing a Winnipeg cab driver with a speeding, stolen SUV.

Swan responded to criticism by announcing a review of how other provinces are monitoring young offenders on bail or probation to determine if any changes should be made to Manitoba's policy. But Swan said a zero-tolerance policy on breaches, as the Opposition Tories have demanded, is not on the horizon.

This latest case shows more than just breaches are being ignored. The teen -- who can't be named under the Youth Criminal Justice Act -- has a long criminal record that began in 2006 and includes two dozen prior convictions for crimes including car theft, mischief, break-and-enter and numerous breaches.

He was sentenced in December 2008 to 100 days of custody and supervision, in addition to time already served, plus one year of supervised probation. His conditions included wearing an electronic ankle bracelet for 90 days following his release from jail. The judge wanted police to be able to track his movements and hopefully deter him from committing further crimes while being watched.

The teen was apparently outfitted with the monitoring equipment when he returned to the community in February but never reached the 90-day mark. He was rearrested weeks later on several serious charges including robbery. He spent several months behind bars until he was released from jail again on Sept. 10, 2009, this time without the bracelet.

Probation officials said they initially forgot there was still time left on the order -- then made an internal decision not to enforce it once the error was discovered.

"We decided to give him an opportunity to comply in the community without the device," a probation officer wrote in a pre-sentence report that was submitted in court last week.

The plan backfired. Police rearrested the teen on Sept. 26 and charged him with a string of new breach charges. He pleaded guilty in late November and was given time in custody plus another 40 days behind bars. He was released from jail on Jan. 6 -- once again without an ankle bracelet -- and then got involved with his most serious crime yet.

The youth, along with two adult associates of the Manitoba Warriors street gang, went to a North End home and yelled "Winnipeg police, open up" at the front door. The masked men then stormed inside, repeatedly punching an adult male victim and his friend who were inside. The victim's girlfriend, four-year-old son and nine-month-old child were all in the room and witnessed the attack.

They stole several items including a widescreen television, Xbox, video games, DVDs and several knives and swords. The victim grabbed a large stick and began fighting back, cutting the teen suspect who left a trail of blood behind as he fled the scene. The victims were traumatized but not seriously injured.

Police arrested the boy, but he refused to identify his two co-accused. He claims the Manitoba Warriors were seeking revenge on the victim for a previous incident and "recruited" him to get involved.

"It seems to me he has little respect for life, for people's homes," Crown attorney Mick Makar told court. Provincial court Judge Lynn Stannard sentenced the teen to 16 months of custody and eight months of community supervision, in addition to time already served. She said he would have been looking at between eight and 10 years if he'd been an adult and committed a similar crime.

Swan said last week discretion is needed when enforcing court orders against youth criminals to help "manage the risk of people in the community." He said over the past year, probation officials have brought in a new system to better monitor high-risk violent and repeat offenders.

This article is very biased. You can immediately tell what the author's views are, without even reading too far and that is a clear sign of bias. No mitigating factors for this youth are explained, why did he commit crimes?, nothing is mentioned about his childhood experiences, possible hardships, addictions, gang influence, etc.   It only states the crimes but gives no information about the offender and his needs.

Most often, teens do not join gangs because it's a choice. It is more often because they long for a sense of belonging which they don't feel in their home life, or because of extreme pressure and threats. 

By this article only stating all the crimes this teen has committed and breaches, it is portraying failure in the probation system, when the article fails to mention the other side of the story. The majority of non-incarcerated young offenders, do not re-offend in the community. The problem in this teen's case, is not the probation system. This article is portraying the probation system as a complete failure, when it's not. It's the fact that the probation system is not effective enough with its programming and in addressing this young teen's underlying factors contributing to his criminal behaviour and matching the right programs to the teen's needs and risk level.

When the media increases reporting on crimes among youth, as they have been doing recently now, the public gets the perception that youth crime is increasing or getting worse, when in reality, youth crime and all other crimes for that matter, have been decreasing for 30 years now. The media only chooses to report on the incidents of teen violence, teens and gangs, violent youth crime which is very rare and when something in the system is wrong. The media has created a moral panic on youth crime, causing the public to react in an outrage, which is completely unnecessary. With a moral panic, the public believes that the only answer to prevent, reduce and deter youth crime, is by getting tough on crime and incarcerating teens. What they dont realize, is that THIS DOES NOT WORK! What we need to focus on is what works. Prison does not work for youths. There is zero evidence that harsher punishments for youth, reduce the crime rate. In fact, the opposite has been found; incarcerating youth actually causes more crime as prisons are the schools of crime. Incarceration of youth produced a 3% increase in recidivism and 6% increase for longer periods. 

What we need, is not prison for youths. I completely disagree with the sentence of the youth in this case. He will likely be given little programming in prison, as they lack funding and are overcrowded, and will be released into the same conditions which caused crime in the first place. We NEEED to understand and uncover the root causes of this teen's offending behaviour and then help to address it through programming and treatment and counseling. Programs in the community are far more effective as they are independently run, have more funding and are more well-designed and multi-faceted (meaning they address multiple issues with one program). They have been proven to have higher success rates than programs in prison, and higher success than prison in general. Clearly, our society is not interested in creating long term solutions to crime as prisons are only quick fixes.      

NDP target probation rules

NDP target probation rules

Attorney General Andrew Swan on Thursday ordered a meeting of Manitoba's top law enforcement officials to deal with questions surrounding how probation officers monitor high-risk young offenders.

Swan said the meeting between himself, Winnipeg police Chief Keith McCaskill, RCMP assistant commissioner Bill Robinson and senior Crown and probation officials will happen as soon as can be arranged.

News of the meeting came on the second day of a political firestorm sparked by the sentencing hearing for a 16-year-old boy who's charged with driving a stolen SUV that ran a red light and slammed into a taxi driven by Tony Lanzellotti, killing him instantly on March 29, 2008.

The Free Press reported Thursday the boy, a repeat car thief, violated a probation order against him 24 times without anyone taking action over his repeated breaches.

The opposition Progressive Conservatives say the revelation exposes a policy by probation officers to overlook breaches rather than holding young offenders immediately accountable.

Swan said the meeting will air out any problems with how probation is enforced.

"We want their advice on the best way we can do that in a way to make sure offenders comply with court orders and also preserve public safety," Swan said.

The Tories say there are similar cases of probation officers turning a blind eye to offenders who are in breach before going on to commit another crime, but Swan said he could not speak to that.

Swan also said provincial court judges, the people who sign probation orders, will not be part of the meeting as the focus will be on how such orders are enforced.

"The system is not perfect and it needs to be improved," Swan said.

Progressive Conservative Leader Hugh McFadyen said the top-level meeting smacked of NDP damage control.

"They're late to the game," McFadyen said.

"They've known about the facts of the Lanzellotti case and issues with probation services as we understand it now for more than a year. So it's quite clearly being done after media outcry, after public outcry."

McFadyen said Swan should immediately order a directive that a the province have a zero-tolerance policy when it comes to monitoring high-risk young offenders on probation.

Swan has already said a zero-tolerance policy won't work and that probation officers should have discretion when to "breach" an offender.

Cheryl Dyck, the youth's probation officer, told court Tuesday they will only report breaches to police if there is a "pattern of non-compliance."

Crown attorney Brent Davidson, who is seeking an adult sentence of six years for the teen driver, suggested that will likely come as a surprise to many in the justice system, including the judges who hand down such orders.

The teen is asking to remain in youth court and be given eight more months behind bars.

Queen's Bench Justice Lea Duval reserved her decision until later this spring.

I agree with Swan in that there should NOT be a zero tolerance policy. Youths need some discretion, for minor breaches such as being 5 minutes late for an appointment or school, due to family problems, etc. If the breaches are extensive and prolonged, then the youths should be held accountable and charged with breach of probation. 

Teen breached probation 24 times, but is it something to be in an outrage about?

Making a mockery of justice -- Killer teen breached probation 24 times

A 14-year-old high-risk offender who caused this fatal collision in 2008 has repeatedly breached his probation, without any consequences.

The court records lay out the breaches of his probationary order in mind-numbing detail.

All told, a 14-year-old high-risk offender was able to thumb his nose at the law 24 times without any consequences, making a mockery of court orders and exposing a provincial policy to overlook breaches. The revelations surrounding the latest twist in the city's war with deadly car thieves now has Manitoba's justice minister on the defensive, arguing probation officials properly handled the high-profile case that ultimately led to tragedy.

‘We manage risk. One could say there should be no bail anywhere. There could be no parole federally. No government has moved down that road’ -- Justice Minister Andrew Swan

‘That should just be a no-brainer... No tolerance, no leeway, no discretion whatsoever’ -- Tory Leader Hugh McFadyen

"Frankly, if a kid is five minutes late for an appointment with a probation officer, or a kid because of his home life is late for school one day, I don't think Manitobans want that to be a reason for more criminal charges to be laid," Andrew Swan said Wednesday.

The teen -- who can't be named under the Youth Criminal Justice Act -- has pleaded guilty to driving the speeding, stolen SUV that killed city cab driver Tony Lanzellotti on March 29, 2008. His probation officer told court this week they failed to report numerous breaches by the youth in the weeks preceding the deadly crash because they regularly give young offenders plenty of discretion.

The Free Press has learned of at least 24 incidents between Feb. 15 and March 27 where the youth was in violation of a judge's Feb. 8 order -- including 18 days of skipping school and six examples of ignoring his nightly curfew. None of the violations was ever reported to police, which could have resulted in him going back into custody.

Manitoba Tory Leader Hugh McFadyen said Wednesday Lanzellotti might be alive today if the court order had been properly enforced.

"That should just be a no-brainer," McFadyen said. "Those ones have to be enforced immediately on the first breach. No tolerance, no leeway, no discretion whatsoever."

But Swan said he supports having a probation officer's "professional judgment" determine when a young offender is reported to police for violating a probation order.

Cheryl Dyck, the youth's probation officer, told court Tuesday how they will only report breaches to police if there is a "pattern of non-compliance." Crown attorney Brent Davidson, who is seeking an adult sentence of six years for the killer teen driver, suggested that will likely come as a surprise to many in the justice system, including the judges who hand down such orders.

"Have you ever seen a judge issue a discretionary probation order, where they leave it up to the accused whether they want to comply with it all of the time or just some of the time?" Davidson asked.

"I can't speak to the guidelines we follow," replied Dyck. Davidson later told court probation services gave the teen "enough rope to hang himself."

Dyck said offenders are often treated differently, depending on their risk level and criminal history. In this case, the youth began as a medium risk but was upgraded to high after his supervisors started catching him breaching probation.

Dyck said the boy's father initially called Feb. 25 to say he was regularly ignoring his curfew by fleeing the house after checking in nightly with probation officials. Dyck said they agreed to call a meeting but that never happened until March 26. By then, the youth had already been caught on five other occasions out past curfew and several times had missed school, which he was required to attend.

Dyck said he abided by his curfew on the nights of March 26, 27 and 28.

"He was at home and got back on track," she told court. On March 29, the boy called in to say he was home on time -- then fled the house as his father had previously reported. He began drinking and consuming drugs with a large group of youths loitering around a downtown apartment building armed with two stolen vehicles. The group scattered when they saw police headed their way. The boy was driving a Chevy Avalanche containing six other young offenders. He began racing a stolen Silverado that had the other seven youths, court was told. The vehicle the teen was driving reached speeds of 139 km/h -- the legal limit is 60 km/h -- and blew through two red lights on Portage Avenue before slamming into the taxi being driven by Lanzellotti at the corner of Portage Avenue and Maryland Street.

Lanzellotti, 55, died instantly. He suffered a massive skull fracture, broken ribs and legs and trauma to his brain and chest. A passenger in the cab was seriously injured.

The issue surrounding the level of discretion probation officers have in not breaching an offender was the hot-button topic in question period at the Manitoba legislature Wednesday. The Opposition Progressive Conservatives grilled Swan and Premier Greg Selinger over what they said was a symptom of the NDP's mismanagement of the province's justice system. But Swan told reporters the federal Youth Criminal Justice Act, and how it handcuffs law enforcement and the courts in locking up bad kids, was to blame.

"We all struggle, frankly, with the Youth Criminal Justice Act," he said. "Every provincial government, whatever political stripe, has been calling on the federal government to take steps so that individuals who we believe are committing serious and violent crimes aren't released back onto the streets, which is what happens, unfortunately in our view, in too many cases."

Swan added he's asked his officials to look at how other provinces monitor young offenders on bail or probation, and if any further changes should be made to how Manitoba does it. Swan said a zero-tolerance policy on breaches, as the Tories have demanded, is not on the horizon. "There is not a single province in Canada that has gone down that path," he said. "We manage risk. One could say there should be no bail anywhere. There could be no parole federally. No government has moved down that road. The important thing is for our probation officers to manage the risk of people in the community."

Swan said over the past year, probation officials have brought in a new system to better monitor high-risk violent and repeat offenders.

"They will then receive more attention from probation services and make it more likely breaches will be found and there will be a remedy out there," he said.

The teen, who is now 16, is asking to remain in youth court and be given eight more months behind bars. Queen's Bench Justice Lea Duval has reserved her decision until later this spring.

As I have said in a previous post (Sentencing hearing begins for youth who killed cab driver), I completely disagree with giving this youth an adult sentence. Longer prison sentences have been proven to be no more effective than shorter sentences and for youth, they cause an increased probability of re-offending when released. 

Just because the media has discovered that this teen has breached his probation 24 times, does mean we need to be in an outrage. They are over-sensationalizing simply one incident. Probation in general, is a very successful practice and most individuals are successful on probation. We don't need to change the system. 

A breach may not be as bad as people may assume. It doesn't necessarily mean committing another offence. It could be as simple as showing up a couple minutes late for a meeting or to school. I do think youths should be given discretion. 

I still hold the position that prison is a quick fix and not a long term solution. We need to uncover the root causes of this teen's criminal behaviour and address those issues directly. This teen has his whole life ahead of him. To me, justice does not mean a harsher sentence. It means effectively addressing the underlying factors relating to his criminal activity, so to help him more effectively in the long term, by decreasing the rate of re-offending. Rehabilitation is essential for young offenders. I think his behaviour stems from the fact that the majority of this teen's family members and relatives are prominent criminals and have gang ties. This isn't exactly the greatest environment to grow up in. He has no positive role models, only negative, so how should he know any better? He likely has grown up not having or knowing any morals or values. I think a positive role model or mentor in this teen's life, could make a huge difference. 

For this teen, I would suggest 4 more months of prison, since he did breach his probation numerous times, combined with more intensive supervision when released. I would suggest family counseling, employment assistance, a positive mentor, group therapy, and drug/alcohol treatment.

We need to remember that harsh sentences do not reduce or deter crime, so really, what purpose are we using them for? We NEED (and I stress the word NEED) to deal with the issues and factors causing crime. 

If we could provide better living conditions and opportunities for the socially disadvantaged people, we could prevent crime significantly. 

If this boy had gotten help from somebody, parents, teachers, etc. to help him deal with his serious issues, that accident may not have happened. Instead of getting help, he was ignored and ended up harming someone. 

Family counseling sounds like a better option to me than prison does. This teen will eventually be released from prison, back into his dysfunctional family, and his crimes will simply perpetuate. By putting people in prison is like covering up a wound with a bandaid. It's a quick fix, but its not really solving the deeper issue or problem. If we are REALLY invested in helping this teen from re-offending and preventing crime, then we need to address his underlying issues.  

Sentencing hearing begins for youth who pleaded guilty to criminal negligence causing death

Sentencing hearing begins for teen over cab driver's death

A sentencing hearing is underway for a 16-year-old Winnipeg who admits to driving a speeding, stolen SUV that crashed and killed a city cab driver.

The teen — who can't be named under the Youth Criminal Justice Act — pleaded guilty last year to criminal negligence causing death and bodily harm. Justice officials stayed a charge of manslaughter.

Justice officials are seeking an adult sentence against the boy, who was 14 at the time of the deadly crash. The maximum penalty as a youth is two-years custody. The maximum for an adult is life in prison.

Antonio Lanzellotti died of massive injuries suffered in the March 2008 incident on Portage Avenue and Maryland Street which shocked and angered Winnipeggers. The teen was driving a Chevy Avalanche which contained six other young offenders. He was racing a stolen Silverado which also had seven occupants.

His sentencing began Tuesday morning and is scheduled to last two days. The youth has been in custody since his arrest.

Crown wants adult penalty for cabbie killer
A two-day sentencing hearing has begun for a teen who was behind the wheel of a stolen SUV when it slammed into a taxi, killing driver Antonio Lanzellotti.
Crown attorney Brent Davidson told court Tuesday morning he will be seeking an adult sentence for the teen.
The March 29, 2008 crash at Portage Avenue and Maryland Street sparked calls for tougher punishments for young offenders and auto thieves.
The driver was 14 years old when the crash occurred.
The now-16-year-old boy has pleaded guilty to criminal negligence causing death and criminal negligence causing bodily harm.
Six passengers of the vehicle were charged with possession of goods obtained by crime, including a girl who made headlines for laughing and saying she didn't care that the driver died.

Sentence cab driver killer as adult: Crown
A 16-year-old boy who was behind the wheel of a stolen sport utility vehicle that killed cab driver Antonio Lanzelotti should be sentenced as an adult to six years in prison, a judge was told Tuesday.
The boy — who was 14 years old at the time of the March 2008 crash — has pleaded guilty to criminal negligence causing death and criminal negligence causing bodily harm.
The boy has already served two years in custody. The maximum youth sentence he can get is two years custody and one year community supervision.
“A sentence of three years is simply not sufficient to hold (him) accountable,” argued Crown attorney Brent Davidson.
The boy’s probation officer had testified he repeatedly violated a court-ordered curfew and skipped school before the fatal crash. The breaches were never reported to police.
Davidson said the boy has shown he is unwilling to accept super vision. “If he simply would have been able to comply with his probation order he would not have been involved in this incident ... (and) Antonio Lanzelotti would still be alive,” he said.
Defence lawyer Evan Roitenberg said the boy should serve just one more year in custody. “The young man who met with a probation officer and said it was nobody’s fault but mine has expressed nothing but genuine remorse,” he said.
The boy and six other youths were in a stolen Chevrolet Avalanche, racing a stolen Chevrolet Silverado pickup when the Avalanche blew through two red lights and hit Lanzelotti’s cab.

Probation officials overlooked breaches of court orders before cab driver killed
WINNIPEG — Manitoba probation officials admit they repeatedly overlooked breaches of court orders from a 14-year-old high-risk car thief in the weeks before he got behind the wheel of a speeding, stolen SUV and killed a city cab driver.
The admission came Tuesday at a sentencing hearing for the boy, who pleaded guilty to criminal negligence causing death and bodily harm for his role in the March 2008 crash that killed Antonio Lanzellotti.
"Probation services gave him enough rope to hang himself," Crown attorney Brent Davidson told court. "If he had just listened to what the court told him to do, Antonio Lanzellotti would still be alive."
The Crown is seeking an adult sentence against the teen, who comes from a prominent family of criminals with strong ties to the Mad Cowz street gangs. They have requested another 23 months of jail, in addition to just over two years of time already spent in custody they concede should be given double-time credit. On paper, it would be noted as a six-year sentence.
The teen — who is now 16 and can’t be named unless an adult sentence is imposed — is asking to remain in youth court and be given eight more months behind bars. Queen’s Bench Justice Lea Duval has reserved her decision.
Cheryl Dyck, who served as the boy’s probation officer, testified Tuesday how the teen was originally sentenced on Feb. 8, 2008 on charges including car theft, drug offences and numerous breaches of court orders. The boy was given probation and placed on the most stringent youth criminal supervision program in Manitoba. His conditions included abstaining from alcohol and a nightly 10 p.m. curfew.
Dyck admits her department caught the teen violating his curfew on several occasions but never reported the incidents to police, who could have arrested him and detained him in custody on new charges. Instead, they upgraded his status to "high-risk" but allowed him to remain free in the community. Dyck said it’s not uncommon to ignore initial violations of young offenders.
"Once a pattern of non-compliance is established then we breach the client," she testified.
On the night of March 29, 2008, the boy had been drinking and consuming drugs with a large group of youths loitering around a downtown apartment building armed with two stolen vehicles. The group scattered when they saw police headed their way.
The boy was driving a Chevy Avalanche containing six other young offenders. He began racing a stolen Silverado that had the other seven youths, court was told. The boy reached speeds of 139 km/h — the legal limit is 60 km/h — and blew through two red lights on Portage Avenue before slamming into the taxi being driven by Lanzellotti at the corner of Portage and Maryland Street.
Lanzellotti, 55, died instantly. He suffered a massive skull fracture, broken ribs and legs and trauma to his brain and chest. A passenger in the cab was seriously injured.
The boy was ejected from the SUV and seriously injured. He initially denied any responsibility, telling police he was innocently walking down the street when he was struck by flying debris. He later admitted to being in the car but claimed another youth was driving. Police got him to admit the truth when DNA off the driver’s side airbag was a perfect match to him. The Crown agreed to drop a manslaughter charge in exchange for his guilty plea.
Dyck told court the boy has made great progress during his two years in youth custody but remains a medium risk to reoffend. She said his biggest obstacle is his own criminally entrenched family, although several relatives have since been deported to Africa.
"He has the ability, we believe, to learn from what happened and benefit from what we’re teaching him," said Dyck. "I think he’s way better equipped now to deal with the issue he’s going to face when he gets out."
The Crown supports having the boy serve the rest of his adult sentence in a youth facility because of the various treatment and programming options available to him. But Davidson said the limits of a youth sentence don’t express strong enough condemnation for the crime he committed.
City police Det.-Sgt. Kevin Kavitch testified Tuesday about the high rate of car theft in Winnipeg at the time of Lanzellotti’s death. He provided statistics showing the vast majority of offenders are youths who deliberately try to engage police in high-speed chase, putting all on the road in danger. Kavitch said between Jan. 1, 2006 and the day Lanzellotti died, police in the stolen auto unit arrested 519 people, of whom 417 were young offenders.

Probation cited in fatal crash -- Knew of breaches by boy who killed cabbie
Manitoba probation officials admit they repeatedly overlooked breaches of court orders from a 14-year-old high-risk car thief in the weeks before he got behind the wheel of a speeding, stolen SUV and killed a city cab driver.
The admission came Tuesday at a sentencing hearing for the boy, who pleaded guilty to criminal negligence causing death and bodily harm for his role in the March 2008 crash that killed Antonio Lanzellotti.
"Probation services gave him enough rope to hang himself," Crown attorney Brent Davidson told court. "If he had just listened to what the court told him to do, Antonio Lanzellotti would still be alive."
The Crown is seeking an adult sentence against the teen, who comes from a prominent family of criminals with strong ties to the Mad Cowz street gangs. They have requested another 23 months of jail, in addition to just over two years of time already spent in custody they concede should be given double-time credit. On paper, it would be noted as a six-year sentence.
The teen -- who is now 16 and can't be named unless an adult sentence is imposed -- is asking to remain in youth court and be given eight more months behind bars. Queen's Bench Justice Lea Duval has reserved her decision.
Cheryl Dyck, who served as the boy's probation officer, testified Tuesday how the teen was originally sentenced on Feb. 8, 2008 on charges including car theft, drug offences and numerous breaches of court orders. The boy was given probation and placed on the most stringent youth criminal supervision program in Manitoba. His conditions included abstaining from alcohol and a nightly 10 p.m. curfew.
Dyck admits her department caught the teen violating his curfew on several occasions but never reported the incidents to police, who could have arrested him and detained him in custody on new charges. Instead, they upgraded his status to "high-risk" but allowed him to remain free in the community. Dyck said it's not uncommon to ignore initial violations of young offenders.
"Once a pattern of non-compliance is established then we breach the client," she testified.
On the night of March 29, 2008, the boy had been drinking and consuming drugs with a large group of youths loitering around a downtown apartment building armed with two stolen vehicles. The group scattered when they saw police headed their way.
The boy was driving a Chevy Avalanche containing six other young offenders. He began racing a stolen Silverado that had the other seven youths, court was told. The boy reached speeds of 139 km/h -- the legal limit is 60 km/h -- and blew through two red lights on Portage Avenue before slamming into the taxi being driven by Lanzellotti at the corner of Portage and Maryland Street.
Lanzellotti, 55, died instantly. He suffered a massive skull fracture, broken ribs and legs and trauma to his brain and chest. A passenger in the cab was seriously injured.
The boy was ejected from the SUV and seriously injured. He initially denied any responsibility, telling police he was innocently walking down the street when he was struck by flying debris. He later admitted to being in the car but claimed another youth was driving. Police got him to admit the truth when DNA off the driver's side airbag was a perfect match to him. The Crown agreed to drop a manslaughter charge in exchange for his guilty plea.
Dyck told court the boy has made great progress during his two years in youth custody but remains a medium risk to reoffend. She said his biggest obstacle is his own criminally entrenched family, although several relatives have since been deported to Africa.
"He has the ability, we believe, to learn from what happened and benefit from what we're teaching him," said Dyck. "I think he's way better equipped now to deal with the issue he's going to face when he gets out."
The Crown supports having the boy serve the rest of his adult sentence in a youth facility because of the various treatment and programming options available to him. But Davidson said the limits of a youth sentence don't express strong enough condemnation for the crime he committed.
City police Det.-Sgt. Kevin Kavitch testified Tuesday about the high rate of car theft in Winnipeg at the time of Lanzellotti's death. He provided statistics showing the vast majority of offenders are youths who deliberately try to engage police in high-speed chase, putting all on the road in danger. Kavitch said between Jan. 1, 2006 and the day Lanzellotti died, police in the stolen auto unit arrested 519 people, of whom 417 were young offenders.

I completely disagree with adult sentences for youth. Youth deserve to be sentenced as a youth. The YCJA's mandate is extremely important and relevant to youths, which focuses on more on rehabilitation and reintegration than the adult system does. 

Youths who are sent to adult prisons even if they committed a violent crime, are more likely to become more violent and dangerous and learn "new criminal ways." Prisons are commonly thought of as the "schools of crime" and this is especially true for youths. They are also at a MUCH higher risk of being assaulted, and have a higher suicide risk when in adult prisons. 

A youth who may lack education, suffer from mental health issues, behavioural problems, learning disabilities, or addictions, will have far less opportunity for rehabilitation programs in adult prisons. This is because these programs have much less funding in adult prisons and cannot serve every individual's needs when prisons become so overcrowded, like they are now. In adult prisons, rehabilitation programs and services are catered towards adult needs, not youths. This creates an especially large problem, as I believe if youth are going to sentenced to a prison term, it should be in a youth facility, where resources and programs are more tailored to their specific needs as teens. 

When placed in adult prisons, youth have even less of a chance of being rehabilitated than if sent to a youth facility. We need these individuals to be rehabilitated because someday, they will be released and it is in society's best interests. Adult prisons do not deter or reduce crime and often can cause more violence, hostility and anger within an individual. The length of a prison sentence has been shown to have no effect on recidivism rates. When released from an adult prison, youths are more likely to re-offend, likely with a more serious crime. 

There is no evidence that adult prisons are more effective for youth than youth facilities, or even better, community sanctions. So why the need to send them there? The only reason I can think of, is for revenge/vengeance which in my mind, is not sufficient enough. 

Housing teens in adult prisons is simply WRONG, regardless of the crimes committed. Placing them in adult prisons constitutes deliberate indifference to their well being and dehumanizes them. In addition to being costly in both time and resources, adult prisons essentially prevent reconciliation/healing and rehabilitation. 

Transferring the problem of serious youth offenders to an even more overwhelmed and much less effective adult system, makes absolutely no sense. 

Youth inmates are more likely to re-offend after being released from an adult prison. Ask yourself, is this in society's best interests?? I know what my answer is.

I believe that youths should be treated as such, not like adults. This boy is young and could benefit from rehab. He has his whole life ahead of him. He should be sentenced as a juvenile because at the time, he was a juvenile!! In this case, rehabilitation is a huge factor and we need to strive to understand the causes of this youth's criminal behaviour and deviance.

This boy has made progress in youth custody and doesn't have the greatest family background, as the majority of his relatives are prominent criminals and have gang ties. This boy grew up in an environment like this and doesn't know any better. He didn't grow up knowing any pro social values or morals. I think we really need to address the problems with his family, because I truly believe, that that is the root cause of his behaviour. He didn't have any good role models growing up, so how do you expect him to behave? Plus, he has already spent 2 years in youth custody. 

I agree more with the defence than the Crown, in that he should serve 8 more months. Personally, I would suggest about 4-5 more months, combined with probation. I think this teen needs counseling to help deal with his criminal family, family counseling (if all were willing), and a mentor to act as a good role model for this teen, help with education, employment assistance, and drug/alcohol treatment. I think maybe group therapy could be effective as well.

Teen convicted for breaking curfew, one of her many setbacks

Conviction for breaking curfew is one of latest of teen`s many setbacks

Teen pleads guilty to driving stolen SUV in fatal crash

Accused hummer teen has criminal brothers 

Teen in SUV scared straight, says lawyer

Teen accused in fatal crash ordered to stay in prison 

Ankle bracelets working: Crown

- The 18-year-old is notorious for laughing and telling police she "didn't care" after she was a passenger in a stolen Chevrolet Avalanche that killed a Winnipeg cabbie in March 2008.

- Antonio Lanzellotti died of massive injuries suffered in the March 2008 incident on Portage Avenue and Maryland Street which shocked and angered Winnipeggers.

- The truck went through a red light at Portage Avenue and Maryland Street and struck cabbie Antonio Lanzellotti's car, killing him.

- The group of teens drew the ire of local residents when they began deliberately smashing the vehicles into each other. They scattered in two of the vehicles when police showed up. Both vehicles then raced down Portage Avenue, ending when the SUV smashed into the unsuspecting Lanzellotti, killing him instantly.

- The teen has had a tough transition to adult jail after being arrested for violating her 9 p.m. curfew on Dec. 30.

- The teen said she begged a friend for a ride home.

- "We slid into the snowbank and he stalled," the teen told the court, saying she had a cigarette with her friend to thank him for driving her home and that`s when officers found her.

- The teen who turned 18 last year, is losing her hair and has had trouble getting medical help for her kidney problems in jail.

- The young woman has spent 57 days in the Portage Correctional Centre, an antiquated jail near Portage la Prairie.

- Her family does not have a car and she's been socially isolated while trying to cope with the suicides of three of her friends.

- "She's had a number of setbacks," said defence, who said the jail time has been a "learning experience" for her client.

- Crown attorney Mick Makar said the teen has run into trouble repeatedly by failing to comply with conditions of a two-year probation order from June 2008.

- She was the first female to be forced to wear an electronic-monitoring bracelet as part of Manitoba's auto theft strategy.

- Teen has had constant breaches of court orders and her Internet postings about the crash involving the stolen truck.

- Since October, she's been charged with multiple breaches in connection with at least four incidents.

- Judge found the teen guilty of failing to abide by her curfew, one of her probation conditions under the Youth Criminal Justice Act.

- He stayed a charge of failing to keep the peace and be of good behaviour on December 30, another condition of her sentence.

- The judge also warned her to start obeying court orders.

- The young woman has a loving, supportive family and plans to further her education past Grade 9 level, court heard.

- She was sentenced to 25 days in custody, which she's already served as part of her time at the Portage jail.