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June 22, 2001
Libins calling for support
Family of attacked teen wants to see a tougher sentence.
PAT JOHNSON REPORTER
For all he's been through, Joel Libin remained remarkably self-assured
at a news conference Monday that was arranged by his family to protest
what they see as a slap on the wrist for two young offenders convicted
in a brutal, life-changing attack on Libin.
Libin and his father, Len, called the news conference this week
to comment on the sentence, which was handed down May 31, as well
as to thank members of the community who have shown their support.
Libin was attacked last August as he walked home from a bus stop
in his Dunbar neighborhood. The brutal, apparently random attack,
left him in a coma for weeks and was followed by months of rehabilitation.
He has been left with brain damage and finds certain activities
that used to be a pleasure - he was a proficient golfer until last
year - too difficult to undertake.
Two young offenders who were found guilty in the attack were given
two years probation, including 18 months of house arrest. A third
accused - an adult whose name is shielded by a court-ordered publication
ban - will appear in court probably next month. Reports said Libin
wept when the sentences were announced.
At the outset of the conference, Len Libin warned the room full
of reporters and camera operators that Joel may opt not to answer
questions and the father asked the media to respect his son's wishes.
But Joel Libin, who graduated from high school this month, gamely
answered every question, even when the event turned into something
close to a scrum; and he looked cool and relaxed while doing so.
This is remarkable for an 18-year-old at the centre of not only
his own health issues, but a media storm that has emerged since
two of his attackers were sentenced.
Both he and his father noted, however, that what the public is
seeing of him belies the changes that have happened in his life.
The athletic young man still jogs extensively and works out at the
Jewish Community Centre of Greater Vancouver, but his troubled hand-eye
co-ordination makes sports aproblem. Balance is difficult for him,
he said, so riding a bicycle is a challenge. It now takes him many
hours to accomplish an academic task that would have taken him an
hour before the attack. Although he is beginning college at Langara
this fall, his academic future is uncertain for the first time in
his life.
Though his father said Joel Libin has never expressed ill will
toward his attackers, the son acknowledged the disappointment he
felt when he heard the relatively lenient sentence.
"It was frustrating," he said. "I was told not to
expect more, but I was."In court, Joel Libin told the judge
that he may look like he has recovered but "everything is different."
That theme permeated the news conference, with both Libins answering
questions about the limitations the attack has put on Joel's life.
Family and medical professionals are thrilled with the progress
he has made. One staff member at G.F. Strong Rehabilitation Centre
called his progress miraculous. But nothing can hide the impact
the attack has had on him.
"I can live," he told reporters. "I kind of had
to get over it and I did. But it would have been nice if this had
never happened." His father said that, with a brain injury,
it is often difficult to say what limitations remain or what future
progress may include.
At the conference, the family urged their friends and supporters
to write, phone, fax or e-mail their MLAs, MPs, city politicians
and media outlets. A Web site (www.joellibin.com) is being set up
to publicize the case.
The Libins are not urging jail sentences for the young offenders.
Len Libin acknowledged that sending young people to prison is likely
to create hardened criminals. He also stated that he is not an expert
in matters of criminal law and punishment. What the family wants
is for the attackers to be in a position to reflect on the damage
they have done to Joel Libin's life and the lives of the people
around them. House arrest, where they can have friends over, watch
TV and play video games is not likely to provide the opportunity
for reflection, said the father.
What has emerged in the days since the sentence, he said, is the
realization that there are few alternatives to incarceration.
The case is complicated by the fact that the two young people convicted
of the attack are members of the Musqueam First Nations band. In
bringing down his judgment, Judge Ross Tweedale went to great lengths
to point out that he does not have a completely free hand in sentencing.
A section of the Criminal Code was enacted in 1995 that encouraged
alternative sentences, rather than jail, where possible, but especially
in the case of offenders who are members of a First Nation. It was
intended to ameliorate the disproportionate number of aboriginal
people in jails. The section was tested and confirmed by the Supreme
Court of Canada in 1999.
At the news conference, though, both Len Libin and Gail Sparrow,
a former chief of the Musqueam band, said judges may be under the
illusion that alternative programs exist for aboriginal offenders.
Both commented about a now-defunct wilderness program in which
offenders spent time in nature and reflected on their deeds. Sparrow
said that one member of her band was on such a program and has apparently
been rehabilitated, but no such programs are currently available.
"If those programs aren't out there, maybe they should be,"
said Len Libin. At present, the effort the family is making to bring
attention to the case is in order to urge Crown counsel to appeal
the sentence of the two young offenders. There is a 30-day window
to do so that expires next week. After that, Len Libin said the
public support they gather may be redirected toward longer-term
changes, such as alterations to the Young Offenders Act or other
aspects of the legal system.
In the meantime, both father and son gave high praise to the general
community, but also to the Jewish community for the support they
have given the family over the past year. Joel Libin said he has
appreciated the words of encouragement and support he has received
from fellow congregants at Temple Sholom. Others who work out at
the Jewish Community Centre have also given him a lot of encouragement.
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