Ill

J
usticc is blind. It secs no colour, race, or sexual
orientation. Our justice system is one of the best in the
world, but it still needs work. Look at my c.ise.
,,~ DENNIS GATES
The court appointed me a lawyer. Let's call him MJ. I quickly
glanced at his record. He was a better lawyer than he looked.
He won mc,st of his cases. He also represented a few friends
of mine. He won both of their cases.

My confidence started growing in MJ. During our first

interview, 1 told him I wanted to plead guilty and get it over
with.

He put his pen down and stared at me.
"Phew," he said. "Ifthat is whatyou want to do...
He paused just long enough so I would notice. Then he took a
silent, deep breath.
"Herc arc your problems,• MJ said "One, this is a small town.
This is something that never happens here. If you think
they arc going to take it easy on you, you have another thing
coming. They arc going to throw the book at you. They will
show no mercy.
"Two, you have a low grade, you are unemployed, you are
homeless, your record is all violent
"Three, most important thing for you to know is if you arc
found guilt-f and you arc Native, you are hung out to dry.•
DENNIS URI (Haida), at 60 years old,
has lived in the Downtown Eastside for
25 years. As a participant ln Megaphone's
writing workshops for people with
lived experience of incarceration - in
partnership with the UBC Transformative
Health and Justice Research Cluster -
Dennis was able to express himself for
the first time since being released from a
federal institution in 1996 about what it
was like to go to prison.
"The first thing you do when you finish
a long bit in prison is sit down on the
sidewalk and cry,• Dennis says. "Butthes~
workshops, and all the people involved,
have shown me a new confidence. And
If this work can help someone inside not
give up hope, then I am honoured.•_
He again paused for a moment, so I could think
about what he was saying.
I lowered my head and looked at how my hands
were folded in my lap. For some reason, they
reminded me of being in school.
I struggled for something to say. There was a
lump in the back of my throat that stopped me
from speaking.
Through tears and choking on the lump,
I managed to speak.
"Are you saying you can get me off?"
MJ reached out and put his hands on my
shoulders, then smiled at me sympathetically.
•vcs," he replied, "yes, I can, but you have to get
that guilty plea out of your head. Listen, when
you get out of here you will have all the time in
the world to make amends with your wife, but
she is your enemy right now:'
I let myself trust him, trust that he could do
the impossible. We sat down and I told him my
side of the story. After I finished, MJ took a few
moments to absorb everything I just told him.
He then looked through the police records.
There were a lot of "hmmms," and "aaahs," and
then head shaking.
"Is that true, 63 cases of empty beer in your
Joey shack?" MJ asked. "Is that how many they
found?"
I had a little smirk on my face. MJ looked angry
for a moment. Then he shook it oft
"Let me tell you the air out there. It is best not to
go for bail. Let us go for a psych assessment to
see ifyou are fit to stand trial." said MJ.
He explained to me bow it would work.
"If they ask, and they most likely will not,
just tell them you are not at liberty to discuss
f
these charges."
I
So I was off to Colony Farm in Vancouver, B.C. !:
I was asked three times if I would talk about the
charges. I told them what the lawyer said. I
l
Iiii
 The psychiatrist stopped right away. She was
only to see ifl was fit to stand trial. And I was fit

She put down on her report that I would not

talk about my charges and gave me a pretty
negative assessment

MJ said that it was okay, because it was meant

to determine if I was fit to stand trial. He did
not object when the Crown used it against me. ·

' ,'

;' . During the trial, the Crown brought up the

. '

,. .report. The judge accepted 'it as evidence. MJ,

: my so-called lawyer, 1~ it pass without even one
objectioµ. , . ·

.. I knew that) was_.sold ob~ by Illy fa\YyCr when

in his closing 'sta~nien~ allh.~ hid to say~.
and I quoteJ
' ' ' ' ;·
"Pl~as.~ ·:rerµemb~r
' ·, -:"
., ... ,'
my friend has '
' ' ; ' ... ' ' '

had a hard upbringing.~,. , ~:: ·_ ·: ·: - ·

, • . V ,

It took only a few hohrs to decide my fate.

I knew I wa.s in trouble when all I saw -hi-the ·
judge's hand was the psych report..

In his decision he kept referring to the.psych

report, saying in closing i~ was right, there was .
no chance of rehabilitation, and he handed
down a 10-ycar sentence.

The sheriff who had stood beside me since

the beginning of court grabbed me as my
knees buclded.

l stayed seated until everyone left the

courtroom. The sheriff was a kind man. He had
i~ frustrated look on his face as he spoke.

"The judge is nuts. It should have been two

years less .a day, not 10. Are you going to
appeal?"

\ Vhen I got back to my cell, I went to the

~·bower room to wash my face~ As I rinsed the
soap, I looked in the mirror.

For the first time in my life, I saw a red-

skinned Indian looking back at me. I had been
rail-roadcd.

They say justice is blind, yet the colour red

means more time. 1·\

43 l