The accident that killed young Alex Fleming, of Woodstock, Ontario, the infant son of Mary Rodrigues and Michael Fleming, was a tragedy for the family and their community. Bonita Purtill, the driver of the pickup that had broadsided their car on October 12, 2008, pleaded not guilty to “impaired driving and criminal negligence in the death of four-month-old Alex Fleming, impaired driving causing bodily harm and criminal negligence to Alex’s mother Mary Rodrigues and refusing to provide a breath sample to police” (Jury selected in Bonita Purtill trial, June 18, 2012).
Purtill received one year for refusing to take the breath test – a criminal offense - to be served consecutively (ie following the sentence for the impaired driving). The shorter sentence was included in the total jail time of 7 years minus time served, leaving 6 years, 8 months (MADD Canada praises Purtill sentence, Sept 20, 2012).
There appeared to be immense relief at Ms Purtill being found guilty, in part because it was an infant that died in the accident, and in part due to attitudes towards the combination of ‘drinking’ and ‘driving’ (Final arguments, different stories, June 28, 2012). Taken separately, each of these activities is legal to engage in, but put them together - as drunk driving - and public tolerance for them changes, possibly largely due to the efforts of MADD (Mothers Against Drunk Drivers).
Random breath testing
According to Andrew Murie, Canada’s CEO for MADD, “more than 100,000 charges related to impaired driving are laid across Canada each year. . . That's the people who get caught,” he said. “So there is a whole bunch of people who don’t. You can do it for a long period of time before you get caught” (MADD Canada praises Purtill sentence, Sept 20, 2012). Mr Murie also reminded readers that MADD Canada was advocating for the law to allow police to demand random breath tests in spot checks; I would add, the idea seems to be to do away with having to show good reason for exerting their authority in this manner.
Intended to save lives and prevent injuries, the random compulsory breath tests, carried out at checkpoints, would increase “the chances of stopping, charging and convicting a drunk driver” (MADD mothers push for random breath testing, May 09, 2012). Thus random breath testing is somewhat different from the RIDE program.
In Ontario, RIDE (Reduce Impaired Driving Everywhere), is described by lawyer Tushar K Pain as including “a provincial spot-check enforcement campaign started in 1977,” in which all cars crossing the checkpoint would be stopped and questioned (Ontario’s Drinking and Driving Laws Often Misunderstood, Sept 18, 2011). After questioning, those drivers seemingly not under the influence would be let go without having to take a breath test. On the other hand, the proposed “random breath test” spot check, Mr Murie of MADD is reported as saying, “would allow police at roadblocks to conduct about three times as many breathalyzer tests because they would not need to spend time determining whether there is “reasonable” suspicion a driver has been drinking” (Canada Contemplates Random Breath Tests, Oct 7, 2009).
Although there is currently a RIDE program in effect in Ontario that nabs impaired drivers, there seems to be more opposition towards the idea of a random, compulsory breath test program than RIDE. I added the word compulsory to the description as I felt it more accurately described what the reluctance was for members of the public in embracing random breath testing. The problem could be about living in a coercive state environment in which one’s right to freedom is being taken away.
One other aspect of the proposed ‘random breath test,’ as I understand it, is that the randomness of the method involves an approach based on luck, eg one in ten car drivers will be tested, rather than RIDE’s method of questioning everyone who gets stopped at the checkpoint but only breathalizing those who fail to convey the impression of being under the limit or who are believed when they say, Only one, officer.
In practice, however, how likely could it be for a driver to say, I’m a doctor and I’m in a hurry, in the random test situation, and being permitted to drive through without being tested? What controls will be set in place, and what loopholes will remain? Who is likely to be most affected? Which kind of breath testing would be fairer to most citizens, regardless of occupation or social status according to make and year of car? For more views on this topic, see in the list following, ‘Debate: Random sobriety tests for drivers.’
Related legal cases
Another local case of driving while impaired is that of Brian Crockett, Crown Attorney of Oxford county, who was arrested in Woodstock Ontario, on charges of impaired driving, on Saturday, Aug 18, 2012. Like Bonita Purtill, Crockett refused to take a breathalizer test. His case is due in court on October 2, 2012 (Crown named in Crockett court case, Sept 11, 2012).
In yet another case, in which impairment due to drinking was at first suspected, suprisingly the accused was not asked to provide a breath sample. The case was that of Michael Bryant, former Attorney-general of Ontario, who was involved in an altercation with a cyclist/courier, Darcy Sheppard, who tragically died that day, August 31, 2009 (Michael Bryant relives deadly encounter with cyclist in ‘28 Seconds,’ Aug 21, 2012).
The police officer responding to the Bryant-Sheppard incident took one look at the severity of the situation and asked Byant how many drinks he had had, but in the end, Bryant was not required to take a breath test. From Macleans magazine, in Bryant’s own words:
“The constable promptly manhandled me around to a spot in front of his squad car. He started pushing and poking me. He said I was in a lot of trouble. He kept asking how much I’d had to drink. In five different ways, he asked me if I’d imbibed. I told him I didn’t drink alcohol, period. ‘Yeah, okay,’ he scoffed” (The 28 seconds that changed my life, Aug 22, 2012).
Michael Bryant was arrested and charged with dangerous driving causing death and negligence causing death. Several months later, in May, 2010, the charges were withdrawn. In August, 2012, the book Bryant wrote, on the 28 seconds that changed his life, was released (The 28 seconds that changed my life, Aug 22, 2012).
There has been public protest to Bryant’s book and to the way the case was handled (see Michael Bryant book launch sparks protest, Sept 06, 2012). The one who had been drinking in this catastrophe was the cyclist who lost his life, and the one driving was the recovering, though apparently sober alcoholic, making it more difficult to label one side clearly in the wrong and the other side obviously right. Yet that was what was done. Even in death, Sheppard was made to take the blame, while Bryant got off completely, in the legal sense at least.
Drinking and driving – our history and culture
Where there actually is an impaired driver involved in an accident, it is easier to place blame. In other words, it is the alcohol that is being blamed, and the driver for not recognizing its distorting tendencies and impact on the mind before getting behind the steering wheel, although by that time, it’s usually too late. Even the description of a 1976 CBC radio broadcast can remind us how far we have come and yet how nothing really changes (Alcohol: Rethinking the minimum age for drinking, May 2, 1976).
In 2008, there was a move by health officials in London, Ontario, to raise Ontario's legal drinking age to 21, “as part of a series of measures to fight alcohol-related deaths and injuries,” but the suggestion was dismissed by Premier Dalton McGuinty. Ontario had lowered the drinking age from 21 to 18 in 1971, then increased it to age 19 in 1979 following complaints of more high school students getting drunk. McGuinty is quoted as saying, at that time, "If you're going to rely on the law to ensure that your kids aren't drinking underage, then you don't have a good understanding of human nature," he said before a Liberal caucus meeting (Drinking age to stay at 19, Apr 01, 2008).
It is recognized that the highest rates of impaired driving are among young drivers, (Impaired driving and other traffic offences, Nov 7, 2003), who may be testing their own powers as part of becoming adults - finding out what their limits are. Bonita Purtill was the exception rather than the rule – older and female – and managing to get herself into a situation involving the death of a small child.
The emphasis in the Purtill case has been on the law, related to irresponsible drinking and her decision, no matter what prompted her to do so, to get behind the wheel and risk doing harm to others. Purtill did have the opportunity of telling her story, though her credibility, or the facts as she described them, were apparently not accepted by the members of the jury as reasonable (Purtill takes the stand, June 28, 2012).
It is difficult, sometimes, to determine cause/effect relationships. Society changes and we may not always know how the change came about. But one good thing that has occurred since the Purtill accident involving the infant Alex Fleming in the car with his family, has been that child car seat regulations have been updated.
Infant and child car seats
“Injuries related to motor vehicle collisions are the leading cause of injury-related death for Canadian children” (Child passenger safety, Jan 10, 2012). See also the Ministry of Transportation piece ‘Safe & Secure: Choosing the right car seat for your child,’ last modified: June 22, 2012). Using the correct car seat, in the appropriate manner, has been important for our society for many years now, a result of the injuries and deaths involving children and babies in car accidents.
On Dec 29, 2011, it was announced that updated child car seat safety regulations would come into force on January 1, 2012. Minister of Health, Leona Aglukkaq, made the announcement, saying, “When these new regulations come into force on January 1, child car seats sold in Canada will meet Canada's highest testing standards and therefore will be as safe as possible” (Updated child car seat safety, Dec. 29, 2011).
Random testing of car seats has been carried out through the RIDE program in Ontario, for the purpose of ensuring that parents know how to follow the laws and are doing so. (Majority of car seats checked not installed properly: police, Nov 05, 2009). Parents needing advice about infant and child car seats can go to special centres set up for this purpose. Car-seat.Org provides discussion forums and access to resources for concerned parents (Car-seat.Org, since 2001). A local internet group in sw Ontario is Londonmoms.ca (see Car seat checks, since 2000).
Still, the emphasis seems to be on ending impaired driving, for MADD at least, no matter how impossible the task may be of fighting for zero tolerance. The Bonita Purtill case informs us just how tragic such accidents can be, changing the lives of both the victim’s family and the impaired driver (Woman guilty of killing four-month-old while driving drunk, June 29, 2012). Opposition to MADD’s efforts continue, as in internet sites concerned about random sobriety tests and what exactly are other countries doing compared with Canada (More MADD Opinion – Random Breath Tests & Ireland, 2010). In the meantime, taking advantage of advances in technology, medical expertise, and community programs, as in ‘Time to Double Check the Car Seats,’ June 21, 2011, might help mothers and fathers lessen the injuries and fatalities, within their families, from those who drive while impaired.
The 28 seconds that changed my life, macleans.ca, Aug 22, 2012
http://www2.macleans.ca/2012/08/22/the-28-seconds-that-changed-my-life/?utm_source=_BQN7uCB8tlmPN-&utm_content=ml16&utm_medium=email
Canada Contemplates Random Breath Tests, By Robert Farago, The Truth about cars, Oct 7, 2009
http://www.thetruthaboutcars.com/2009/10/canada-contemplates-random-breath-tests/
Car-seat Chat, Car-seat.Org, since 2001
http://www.car-seat.org/showthread.php?t=101601
retrieved Sept 27, 2012
Car seat checks, London moms.ca, since 2000
http://forum.londonmoms.ca/17057-car-seat-checks
Child passenger safety, Safe Kids Canada
Jan 10, 2012, http://www.safekidscanada.ca/Professionals/Safety-Information/Child-Passenger-Safety/Index.aspx
Crown named in Crockett court case, By Heather Rivers, Woodstock Sentinel-Review, Sept 11, 2012
http://www.woodstocksentinelreview.com/2012/09/11/crown-named-in-crockett-court-case
Debate: Random sobriety tests for drivers, Debatepedia, Accessed Sept 21 2012
http://debatepedia.idebate.org/en/index.php/Debate:_Random_alcohol_breath_tests_for_drivers
Drinking age to stay at 19, McGuinty says, April 1, 2008, By Keith Leslie, The Star
http://www.thestar.com/news/canada/article/408697--drinking-age-to-stay-at-19-mcguinty-says
Final arguments, different stories, By Heather Rivers, Woodstock Sentinel-Review, June 28, 2012, Brantford Expositor
http://www.brantfordexpositor.ca/2012/06/28/final-arguments-different-stories
Impaired driving and other traffic offences, Stats Canada, 2002, Stats Can Daily, Nov 7, 2003
http://www.statcan.gc.ca/daily-quotidien/031107/dq031107b-eng.htm
Jury selected in Bonita Purtill trial, By Heather Rivers, Woodstock Sentinel-Review, June 18, 2012
http://www.brantfordexpositor.ca/2012/06/18/jury-selected-in-bonita-purtill-trial
MADD Canada praises Purtill sentence, By Heather Rivers, Woodstock Sentinel Review, Sept 20, 2012
http://www.woodstocksentinelreview.com/2012/09/20/madd-canada-praises-purtill-sentence
MADD mothers push for random breath testing, By Marlo Cameron, Ottawa Sun, May 09, 2012
http://www.ottawasun.com/2012/05/09/madd-mothers-push-for-random-breath-testing
Michael Bryant book launch sparks protest, By Terry Davidson, Toronto Sun, Sept 06, 2012
http://www.torontosun.com/2012/09/06/michael-bryant-book-launch-sparks-protest
Majority of car seats checked not installed properly: police, InsideHalton.com, Nov 05, 2009
http://www.insidehalton.com/insidehalton/article/439609
Michael Bryant relives deadly encounter with cyclist in '28 Seconds', By Vanessa Greco, CTVNews.ca, Aug 21, 2012
http://www.ctvnews.ca/canada/michael-bryant-relives-deadly-encounter-with-cyclist-in-28-seconds-1.923221
More MADD Opinion – Random Breath Tests & Ireland, Life after an impaired charge, 2010
http://lifeafterimpairedcharge.com/tag/random-breath-testing/
retrieved Sept 2012
Ontario’s Drinking and Driving Laws Often Misunderstood, By Tushar K Pain, About Toronto Criminal Defence, Sept 18, 2011
http://torontocriminaldefence.com/criminal-defence-articles/ontarios-drinking-and-driving-laws-often-misunderstood-heres-what-you-should-know-before-you-drink-and-drive-criminal-defence-articles-by-tushar-k-pain/
Purtill takes the stand, By Heather Rivers, Woodstock SR, June 28, 2012
http://www.lfpress.com/news/london/2012/06/28/19928916.html
Alcohol: Rethinking the minimum age for drinking, CBC, May 2, 1976
http://www.cbc.ca/archives/categories/lifestyle/food/last-call-canadians-and-alcohol/rethinking-the-age-for-drinking.html
Safe & Secure: Choosing the right car seat for your child, Ontario Ministry of Transportation, Last modified: June 22, 2012
http://www.mto.gov.on.ca/english/safety/carseat/choose.shtml
Time to Double Check the Car Seats, Our Big Earth, June 21, 2011
http://www.ourbigearth.com/2011/06/21/time-to-double-check-the-car-seats/#comments
Updated child car seat safety regulations come into force, Ottawa, CNW - Canada Newswire, Dec. 29, 2011
http://www.newswire.ca/en/story/900619/updated-child-car-seat-safety-regulations-come-into-force
Woman guilty of killing four-month-old while driving drunk, By Heather Rivers, June 29 2012
http://www.torontosun.com/2012/06/29/woman-guilty-of-killing-four-month-old-while-driving-drunk
Showing posts with label Darcy Sheppard. Show all posts
Showing posts with label Darcy Sheppard. Show all posts
27 September 2012
24 August 2012
Brian Crockett: not another Michael Bryant 'justice' story
updated Aug 30, 2012; Nov 8, 2012
Two years ago, former attorney-general Michael Bryant, while driving his car in Toronto, was involved in an incident with the cyclist Darcy Sheppard, resulting in Darcy’s death.
On Saturday, August 18, Brian Crockett, Crown Attorney for Oxford County, was charged with impaired driving and failing to provide a breath sample. The Woodstock Police Department and the Fire Department responded to the call of a pickup truck in the ditch (Impaired Driver, Aug 19, 2012; Oxford County Crown Attorney, Aug 20, 2012).
Coincidentally, Michael Bryant, former Attorney-general of Ontario, has just announced the release of his new book, ‘28 Seconds: A True Story of Addiction, Tragedy and Hope,’ although public reception of it hasn’t been good. In it, he criticizes the Toronto Police for jumping in too fast to lay charges (Police reject Michael Bryant’s criticism, Aug 21, 2012). He was initially charged with criminal negligence causing death and dangerous operation of a motor vehicle causing death (Bryant charged, Sept, 2009) but the charges were dropped.
One news report on Brian Crockett’s unfortunate incident congratulated the police on doing their duty and not simply letting Crockett off – hardly an expression of faith in our legal system (Kudos for cops in Crockett arrest, Aug 23, 2012). But seeing how Michael Bryant managed to escape due process and possible punishment leaves one wondering.
Obviously, the charges facing Brian Crockett are not even close to the severity of those Bryant had initially faced. The whole purpose of laying a charge of impaired driving – and being strict about it, even for first time offenders – is to lessen the chances of future incidents involving needless death due to impairment. Perhaps it is assumed that some people are likely to benefit more from punishment than others, for whom a one-off is really just that – a one-time incident that will never happen again.
One reader commented that she “supported” Brian Crockett, though what she meant by that isn’t clear, whether it meant she would be bringing him home-baked cookies if he ended up behind bars, or was trying to influence opinion. What she did was judge him on his reputation – his career, and his family and community standing. And just as it was with Michael Bryant, the claim was made that stress had something to do with it, as though it is only people with high status careers who feel such stress and whose lives are difficult. If this is the case, with Brian Crockett, perhaps being relieved of his duties might help (and also relieved of the $200,000 salary). Then he could partake of living a stress-free life, and use a bicycle and public transportation to get around on.
I know Brian Crockett has done good deeds, years ago helping those with little or nothing. Whatever happens now, making one mistake shouldn't have to result in a person's reputation or career being destroyed. I’m sure no one wants to see Brian Crockett be punished for lack of good judgment, if that’s what happened, but if one person escapes paying a penalty while another one is punished, for the same deed, then is that justice? Is it the deed that matters, or does social context (work, family, community) – and character - count just as much? See ‘If Michael Bryant should be judged on his merits, shouldn't we all?, May 26, 2010).
Added Aug 30, 2012
In December, 2005, while still living in the UK, where I had been doing a PhD, I started writing a blog, and one of the first pieces I wrote was about an entertainment writer – Nick Douglas - who had committed suicide (Taking action to prevent, or passively doing nothing, Dec 22, 2005). A magazine writer – Barry O’Kane - claimed afterwards that it was the actions of the Hollywood Foreign Press Association (HPFA) that had driven him to it, by taking away his livelihood (Golden Globes 'forced writer to suicide,' Dec 22, 2005).
In response, the HPFA claimed that it was simply untrue that Mr Douglas had been denied the opportunity to make a living as an entertainment journalist. And yet, taking away Douglas’s access to resources, and undermining his attempts to be reconized and gain access to important activities of the HPFA, in effect, did limit his capacity to make a living. Douglas was able to continue trying to make do, without the support of the members of the association he belonged to. But without their support, his efforts were almost guaranteed to fail.
Sometimes people like to pretend that a person’s ability to succeed at their career depends on merit, when the real truth is that the person’s social network, membership in the right organizations, and family and community status matter more. People in power may pretend they have done the right thing in allowing someone to continue to work, and may not be doing anything that would actively prevent the person from pursuing their career, but their passive approach could be enough to prevent that person from moving forward.
On reading Jennifer Wells’s article on Michael Bryant’s memoir, we learn that he said nothing to Mr Sheppard throughout the 28 seconds. “I didn’t want to provoke him in any way,” he says. “I didn’t say anything to him at all” (Michael Bryant’s memoir 28 Seconds, Aug 18, 2012).
And yet, isn’t it just this sort of passivity that can cause harm – at least misunderstandings – through lack of communication? What if Bryant had tried to talk to Darcy, to apologize for his car lurching forward, unintentionally, he says, as it had stalled. Why didn’t he explain this to the person who needed to hear it – Darcy Sheppard - instead of to readers of his book?
Which one is the victim, when we look at the story in its broadest terms? Who has been hardest done by, and whose life stagnates as the rich and powerful seek out ‘understanding’ and ‘justice,’ on their own behalf?
Additional information: added Nov 8, 2012
The Brian Crockett impaired driving case has ended, with a fine and a 12 month loss of driver’s licence for The Crown attorney (See Oxford Crown attorney Brian Crockett pleads guilty to impaired driving, London Free Press, Nov 7, 2012; Oxford Crown attorney Brian Crockett pleads guilty to impaired driving, Woodstock Sentinel-Review, Nov 7, 2012).
Another noteworthy case is that of Bonita Purtill, also coming out of Woodstock, which ended in Sept, 2012, with a 7 year prison sentence (see ‘The Bonita Purtill impaired driving case: unanswered questions and other matters’ Oct 17, 2012).
The Bonita Purtill impaired driving case: unanswered questions and other matters
By Sue McPherson
Sue’s Views on the News
Oct 17, 2012
http://suemcpherson.blogspot.ca/2012/10/the-bonita-purtill-impaired-driving.html
Bryant charged with criminal negligence after crash
ctvtoronto.ca
Sept 1, 2009
http://www.ctv.ca:80/servlet/ArticleNews/story/CTVNews/20090901/fatal_collision_090901/20090901?hub=TopStories\
Court date set for Crown facing impaired charges
By Heather Rivers and Ron Thomson
Woodstock Sentinel-Review
Aug 22, 2012
http://www.woodstocksentinelreview.com/2012/08/22/court-date-set-for-crown-facing-impaired-charges
For Michael Bryant, an extraordinary kind of justice
By Christie Blatchford
Globe and Mail
May 25, 2010
http://www.theglobeandmail.com/news/national/christie-blatchford/for-michael-bryant-an-extraordinary-kind-of-justice/article1580911/
http://www.caledoniawakeupcall.com/updates/100525globe3.html
http://lists.von.ca/pipermail/fasd_canadian_link/2010-May/001763.html
Golden Globes 'forced writer to suicide' (added Aug 30, 2012)
By Andrew Gumbel in Los Angeles
Independent online World News - Americas
Dec 22, 2005
http://news.independent.co.uk/world/americas/article334669.ece
http://samcpherson.homestead.com/files/Miscellaneous/2005_Dec_GoldenGlobesForcedWriterToSuicide.doc
If Michael Bryant should be judged on his merits, shouldn't we all?
By Sue McPherson
Sue’s Views on the News
May 26, 2010
http://suemcpherson.blogspot.com/2010/05/if-michael-bryant-should-be-judged-on.html
Impaired Driver (link added Aug 26, 2012)
Excerpt from Media Release prepared by: S/Sgt Shelton
Woodstock Police Service
Aug 19, 2012
http://www.woodstockpolice.ca/images/19AUG12%20Media%20Release.pdf
Kudos for cops in Crockett arrest
By Andrea Demeer
Woodstock Sentinel-Review
Aug 23, 2012
http://www.woodstocksentinelreview.com/2012/08/23/kudos-for-cops-in-crockett-arrest
Michael Bryant and Darcy Sheppard: divided by class
By Sue McPherson
Sue’s Views on the News
Sept 10, 2009
http://suemcpherson.blogspot.ca/2009/09/michael-bryant-and-darcy-sheppard-class.html
Michael Bryant’s memoir 28 Seconds recounts tragic death of bicycle courier (added Aug 30, 2012)
By Jennifer Wells
The Star
Aug 18, 2012
http://www.thestar.com/news/insight/article/1243483--michael-bryant-s-memoir-28-seconds-recounts-tragic-death-of-bicycle-courier
Oxford County Crown Attorney Brian Crockett faces impaired driving charge
By Ron Thomson
Woodstock Sentinel-Review
Aug 20, 2012
http://www.woodstocksentinelreview.com/2012/08/20/oxford-county-crown-attorney-brian-crockett-faces-impaired-driving-charge
Police reject Michael Bryant’s criticism of probe into fatal 2009 incident
The Star
Aug 21, 2012
http://www.thestar.com/news/gta/crime/article/1244643--police-reject-michael-bryant-s-criticism-of-probe-into-fatal-2009-incident
Taking action to prevent, or passively doing nothing: is there a diffference? (added Aug 30, 2012)
By Sue McPherson
Sue’s Views on the News
Dec 22, 2005
http://suemcpherson.blogspot.ca/2005/12/making-living-or-not.html
Two years ago, former attorney-general Michael Bryant, while driving his car in Toronto, was involved in an incident with the cyclist Darcy Sheppard, resulting in Darcy’s death.
On Saturday, August 18, Brian Crockett, Crown Attorney for Oxford County, was charged with impaired driving and failing to provide a breath sample. The Woodstock Police Department and the Fire Department responded to the call of a pickup truck in the ditch (Impaired Driver, Aug 19, 2012; Oxford County Crown Attorney, Aug 20, 2012).
Coincidentally, Michael Bryant, former Attorney-general of Ontario, has just announced the release of his new book, ‘28 Seconds: A True Story of Addiction, Tragedy and Hope,’ although public reception of it hasn’t been good. In it, he criticizes the Toronto Police for jumping in too fast to lay charges (Police reject Michael Bryant’s criticism, Aug 21, 2012). He was initially charged with criminal negligence causing death and dangerous operation of a motor vehicle causing death (Bryant charged, Sept, 2009) but the charges were dropped.
One news report on Brian Crockett’s unfortunate incident congratulated the police on doing their duty and not simply letting Crockett off – hardly an expression of faith in our legal system (Kudos for cops in Crockett arrest, Aug 23, 2012). But seeing how Michael Bryant managed to escape due process and possible punishment leaves one wondering.
Obviously, the charges facing Brian Crockett are not even close to the severity of those Bryant had initially faced. The whole purpose of laying a charge of impaired driving – and being strict about it, even for first time offenders – is to lessen the chances of future incidents involving needless death due to impairment. Perhaps it is assumed that some people are likely to benefit more from punishment than others, for whom a one-off is really just that – a one-time incident that will never happen again.
One reader commented that she “supported” Brian Crockett, though what she meant by that isn’t clear, whether it meant she would be bringing him home-baked cookies if he ended up behind bars, or was trying to influence opinion. What she did was judge him on his reputation – his career, and his family and community standing. And just as it was with Michael Bryant, the claim was made that stress had something to do with it, as though it is only people with high status careers who feel such stress and whose lives are difficult. If this is the case, with Brian Crockett, perhaps being relieved of his duties might help (and also relieved of the $200,000 salary). Then he could partake of living a stress-free life, and use a bicycle and public transportation to get around on.
I know Brian Crockett has done good deeds, years ago helping those with little or nothing. Whatever happens now, making one mistake shouldn't have to result in a person's reputation or career being destroyed. I’m sure no one wants to see Brian Crockett be punished for lack of good judgment, if that’s what happened, but if one person escapes paying a penalty while another one is punished, for the same deed, then is that justice? Is it the deed that matters, or does social context (work, family, community) – and character - count just as much? See ‘If Michael Bryant should be judged on his merits, shouldn't we all?, May 26, 2010).
Added Aug 30, 2012
In December, 2005, while still living in the UK, where I had been doing a PhD, I started writing a blog, and one of the first pieces I wrote was about an entertainment writer – Nick Douglas - who had committed suicide (Taking action to prevent, or passively doing nothing, Dec 22, 2005). A magazine writer – Barry O’Kane - claimed afterwards that it was the actions of the Hollywood Foreign Press Association (HPFA) that had driven him to it, by taking away his livelihood (Golden Globes 'forced writer to suicide,' Dec 22, 2005).
In response, the HPFA claimed that it was simply untrue that Mr Douglas had been denied the opportunity to make a living as an entertainment journalist. And yet, taking away Douglas’s access to resources, and undermining his attempts to be reconized and gain access to important activities of the HPFA, in effect, did limit his capacity to make a living. Douglas was able to continue trying to make do, without the support of the members of the association he belonged to. But without their support, his efforts were almost guaranteed to fail.
Sometimes people like to pretend that a person’s ability to succeed at their career depends on merit, when the real truth is that the person’s social network, membership in the right organizations, and family and community status matter more. People in power may pretend they have done the right thing in allowing someone to continue to work, and may not be doing anything that would actively prevent the person from pursuing their career, but their passive approach could be enough to prevent that person from moving forward.
On reading Jennifer Wells’s article on Michael Bryant’s memoir, we learn that he said nothing to Mr Sheppard throughout the 28 seconds. “I didn’t want to provoke him in any way,” he says. “I didn’t say anything to him at all” (Michael Bryant’s memoir 28 Seconds, Aug 18, 2012).
And yet, isn’t it just this sort of passivity that can cause harm – at least misunderstandings – through lack of communication? What if Bryant had tried to talk to Darcy, to apologize for his car lurching forward, unintentionally, he says, as it had stalled. Why didn’t he explain this to the person who needed to hear it – Darcy Sheppard - instead of to readers of his book?
Which one is the victim, when we look at the story in its broadest terms? Who has been hardest done by, and whose life stagnates as the rich and powerful seek out ‘understanding’ and ‘justice,’ on their own behalf?
Additional information: added Nov 8, 2012
The Brian Crockett impaired driving case has ended, with a fine and a 12 month loss of driver’s licence for The Crown attorney (See Oxford Crown attorney Brian Crockett pleads guilty to impaired driving, London Free Press, Nov 7, 2012; Oxford Crown attorney Brian Crockett pleads guilty to impaired driving, Woodstock Sentinel-Review, Nov 7, 2012).
Another noteworthy case is that of Bonita Purtill, also coming out of Woodstock, which ended in Sept, 2012, with a 7 year prison sentence (see ‘The Bonita Purtill impaired driving case: unanswered questions and other matters’ Oct 17, 2012).
The Bonita Purtill impaired driving case: unanswered questions and other matters
By Sue McPherson
Sue’s Views on the News
Oct 17, 2012
http://suemcpherson.blogspot.ca/2012/10/the-bonita-purtill-impaired-driving.html
Bryant charged with criminal negligence after crash
ctvtoronto.ca
Sept 1, 2009
http://www.ctv.ca:80/servlet/ArticleNews/story/CTVNews/20090901/fatal_collision_090901/20090901?hub=TopStories\
Court date set for Crown facing impaired charges
By Heather Rivers and Ron Thomson
Woodstock Sentinel-Review
Aug 22, 2012
http://www.woodstocksentinelreview.com/2012/08/22/court-date-set-for-crown-facing-impaired-charges
For Michael Bryant, an extraordinary kind of justice
By Christie Blatchford
Globe and Mail
May 25, 2010
http://www.theglobeandmail.com/news/national/christie-blatchford/for-michael-bryant-an-extraordinary-kind-of-justice/article1580911/
http://www.caledoniawakeupcall.com/updates/100525globe3.html
http://lists.von.ca/pipermail/fasd_canadian_link/2010-May/001763.html
Golden Globes 'forced writer to suicide' (added Aug 30, 2012)
By Andrew Gumbel in Los Angeles
Independent online World News - Americas
Dec 22, 2005
http://news.independent.co.uk/world/americas/article334669.ece
http://samcpherson.homestead.com/files/Miscellaneous/2005_Dec_GoldenGlobesForcedWriterToSuicide.doc
If Michael Bryant should be judged on his merits, shouldn't we all?
By Sue McPherson
Sue’s Views on the News
May 26, 2010
http://suemcpherson.blogspot.com/2010/05/if-michael-bryant-should-be-judged-on.html
Impaired Driver (link added Aug 26, 2012)
Excerpt from Media Release prepared by: S/Sgt Shelton
Woodstock Police Service
Aug 19, 2012
http://www.woodstockpolice.ca/images/19AUG12%20Media%20Release.pdf
Kudos for cops in Crockett arrest
By Andrea Demeer
Woodstock Sentinel-Review
Aug 23, 2012
http://www.woodstocksentinelreview.com/2012/08/23/kudos-for-cops-in-crockett-arrest
Michael Bryant and Darcy Sheppard: divided by class
By Sue McPherson
Sue’s Views on the News
Sept 10, 2009
http://suemcpherson.blogspot.ca/2009/09/michael-bryant-and-darcy-sheppard-class.html
Michael Bryant’s memoir 28 Seconds recounts tragic death of bicycle courier (added Aug 30, 2012)
By Jennifer Wells
The Star
Aug 18, 2012
http://www.thestar.com/news/insight/article/1243483--michael-bryant-s-memoir-28-seconds-recounts-tragic-death-of-bicycle-courier
Oxford County Crown Attorney Brian Crockett faces impaired driving charge
By Ron Thomson
Woodstock Sentinel-Review
Aug 20, 2012
http://www.woodstocksentinelreview.com/2012/08/20/oxford-county-crown-attorney-brian-crockett-faces-impaired-driving-charge
Police reject Michael Bryant’s criticism of probe into fatal 2009 incident
The Star
Aug 21, 2012
http://www.thestar.com/news/gta/crime/article/1244643--police-reject-michael-bryant-s-criticism-of-probe-into-fatal-2009-incident
Taking action to prevent, or passively doing nothing: is there a diffference? (added Aug 30, 2012)
By Sue McPherson
Sue’s Views on the News
Dec 22, 2005
http://suemcpherson.blogspot.ca/2005/12/making-living-or-not.html
26 May 2010
If Michael Bryant should be judged on his merits, shouldn't we all?
The wealthy and powerful don't always get to know what is meant by the saying, 'life isn't fair,' or 'shit happens.' It's remarkable that the editorial board of the National Post still don't understand what is meant by this. They still seem to believe that bad things don't happen to good people, that sometimes - one more time - life just isn't fair.
And what is this language - militant cyclists? class warriors? Look who are the class warriors in this piece - the journalists, the lawyers and judges, and the politicians who enabled this decision to happen and who decided to blame the guy from the lower class in society and let the privileged one off.
"But no one’s career should be derailed forever by an incident such as this" write the editors of the National Post, as though this kind of tragedy, that forever alters the course of a person's life, doesn't happen very often at all, as though this is an exceptional circumstance, and that it just shouldn't happen. Life is fair, after all, and the good and intelligent always get what they deserve! Right? Wrong. It happens to people all the time - you just don't notice it until it happens to one of you.
Take note of the more than 500 comments on the Globe and Mail article by Christie Blatchford. Not everyone thinks Michael Bryant should have gotten off as lightly as he did - or is it that most people think justice should have been permitted to take its course, through a trial.
Added May, 012
In ‘Michael Bryant should be judged on his merits,’ 2010, The National Post refers to Darcy Sheppard as having engaged in “outbursts of primal madness,” as though that couldn’t have also been explanation for the behaviour of Michael Bryant – reverting to the ‘fight or flight’ syndrome, and in this case choosing a bit of both – attempting to get Mr Sheppard to let go of the car, while trying to remove himself and his car from this situation.
Furthermore, the same piece concludes that “Mr. Bryant should be judged in future — politically or otherwise — according to his merits, or lack thereof.” If this bit of wisdom could also be applied to other people who found themselves in unfortunate, adverse circumstances, instead of having the event used forever as proof of personal, internal failings, the world might be a more just place in which to live.
Christie Blatchford writes,
“He [special prosecutor Richard Peck] went out of his way to speak kindly about the dead man, noting that he brought up Mr. Sheppard’s unlucky background (aboriginal, probably undiagnosed fetal alcohol syndrome, seized by child welfare and placed with his brother David in a staggering 30 foster homes before being adopted) and highlights of his criminal record “not to demonize Mr. Sheppard or for anyone to suggest he somehow deserved his fate,” but rather because in a case where self-defence was claimed, these were relevant facts” (For Mr Bryant, an extraordinary, 2010).
In other situations, bringing in relevant facts may be seen as an attempt to discredit the honourable person being discussed, not as an attempt to discover the truth of the matter. And it’s not simply the words one speaks; it’s the tone in which they are uttered that matter. Running Darcy Sheppard down in a “kindly” fashion, while simply ignoring many of Michael Bryant’s actions that day, can lead others’ understanding of the situation in a certain direction, and not to one that is fair judgement of what happened that day. Bringing in the personal background and past history of Mr Sheppard, knowing that Michael Bryant’s credentials were near perfect, is an unfair comparison. Is this what Mr Peck did, and by doing so imply that the questionable actions taken by Mr Bryant that day were an aberration, unusual considering his personality and background, ie. if he did anything wrong at all?
This must be one of those situations that fit within the realm of the moral dilemma – how to bring justice to this situation. It’s too bad that justice for Michael Bryant could only be achieved by placing the blame on Darcy Sheppard. I suppose, in our world, especially in our legal system, there is no place for matters that fall in between right and wrong, that really are unusual circumstances that need an unusual resolution (and I imagine a lot of cases fall with in that grey area). Whatever Darcy Sheppard’s faults, he didn’t deserve to have this case dismissed so early in the judicial process, leaving Michael Bryant not simply ‘not guilty’ of the charges laid, but completely innocent of anything untoward.
The Toronto Star is right, that Michael Bryant “deserves public understanding,” that “What happened to him could happen to anyone” (Justice in Michael Bryant case, 2010). But the newspaper is not correct in concluding that what happened in the aftermath of the tragedy speaks well of the legal system. For one person involved, the legal system worked well, but not for Darcy Sheppard.
In a similar manner, Franco Tarulli writes, “Ontario did exactly the right thing in this case, and the result is exactly what ought to have happened” (Michael Bryant: “Extraordinary” justice?, 2010). Justice may have been served, for Michael Bryant, but the way the special prosecutor handled the case doesn’t appear to have been fair. Bringing up Darcy Sheppard’s past failings and personal background as evidence that this was what caused the incident to happen was premature. There was no trial, and this should have no more place in the public’s mind than the damage committed, for whatever reason, by Bryant and the car he was driving.
For Michael Bryant, an extraordinary kind of justice
By Christie Blatchford
Globe and Mail
May 25, 2010
http://www.theglobeandmail.com/news/national/christie-blatchford/for-michael-bryant-an-extraordinary-kind-of-justice/article1580911/
http://www.caledoniawakeupcall.com/updates/100525globe3.html
http://lists.von.ca/pipermail/fasd_canadian_link/2010-May/001763.html
Justice in Michael Bryant case
Toronto Star
May 26, 2010
http://www.thestar.com/opinion/editorials/article/814268--justice-in-michael-bryant-case
Michael Bryant: “Extraordinary” justice?
By Franco P. Tarulli
The Ethical Lawyer
May 30, 2010
http://tarullilaw.com/ethicallawyer/2010/05/30/michael-bryant-extraordinary-justice/
Michael Bryant should be judged on his merits
By National Post editorial board
National Post
May 25, 2010
http://fullcomment.nationalpost.com/2010/05/25/judge-michael-bryant-on-his-merits/#more-1516
Links updated May, 2012
And what is this language - militant cyclists? class warriors? Look who are the class warriors in this piece - the journalists, the lawyers and judges, and the politicians who enabled this decision to happen and who decided to blame the guy from the lower class in society and let the privileged one off.
"But no one’s career should be derailed forever by an incident such as this" write the editors of the National Post, as though this kind of tragedy, that forever alters the course of a person's life, doesn't happen very often at all, as though this is an exceptional circumstance, and that it just shouldn't happen. Life is fair, after all, and the good and intelligent always get what they deserve! Right? Wrong. It happens to people all the time - you just don't notice it until it happens to one of you.
Take note of the more than 500 comments on the Globe and Mail article by Christie Blatchford. Not everyone thinks Michael Bryant should have gotten off as lightly as he did - or is it that most people think justice should have been permitted to take its course, through a trial.
Added May, 012
In ‘Michael Bryant should be judged on his merits,’ 2010, The National Post refers to Darcy Sheppard as having engaged in “outbursts of primal madness,” as though that couldn’t have also been explanation for the behaviour of Michael Bryant – reverting to the ‘fight or flight’ syndrome, and in this case choosing a bit of both – attempting to get Mr Sheppard to let go of the car, while trying to remove himself and his car from this situation.
Furthermore, the same piece concludes that “Mr. Bryant should be judged in future — politically or otherwise — according to his merits, or lack thereof.” If this bit of wisdom could also be applied to other people who found themselves in unfortunate, adverse circumstances, instead of having the event used forever as proof of personal, internal failings, the world might be a more just place in which to live.
Christie Blatchford writes,
“He [special prosecutor Richard Peck] went out of his way to speak kindly about the dead man, noting that he brought up Mr. Sheppard’s unlucky background (aboriginal, probably undiagnosed fetal alcohol syndrome, seized by child welfare and placed with his brother David in a staggering 30 foster homes before being adopted) and highlights of his criminal record “not to demonize Mr. Sheppard or for anyone to suggest he somehow deserved his fate,” but rather because in a case where self-defence was claimed, these were relevant facts” (For Mr Bryant, an extraordinary, 2010).
In other situations, bringing in relevant facts may be seen as an attempt to discredit the honourable person being discussed, not as an attempt to discover the truth of the matter. And it’s not simply the words one speaks; it’s the tone in which they are uttered that matter. Running Darcy Sheppard down in a “kindly” fashion, while simply ignoring many of Michael Bryant’s actions that day, can lead others’ understanding of the situation in a certain direction, and not to one that is fair judgement of what happened that day. Bringing in the personal background and past history of Mr Sheppard, knowing that Michael Bryant’s credentials were near perfect, is an unfair comparison. Is this what Mr Peck did, and by doing so imply that the questionable actions taken by Mr Bryant that day were an aberration, unusual considering his personality and background, ie. if he did anything wrong at all?
This must be one of those situations that fit within the realm of the moral dilemma – how to bring justice to this situation. It’s too bad that justice for Michael Bryant could only be achieved by placing the blame on Darcy Sheppard. I suppose, in our world, especially in our legal system, there is no place for matters that fall in between right and wrong, that really are unusual circumstances that need an unusual resolution (and I imagine a lot of cases fall with in that grey area). Whatever Darcy Sheppard’s faults, he didn’t deserve to have this case dismissed so early in the judicial process, leaving Michael Bryant not simply ‘not guilty’ of the charges laid, but completely innocent of anything untoward.
The Toronto Star is right, that Michael Bryant “deserves public understanding,” that “What happened to him could happen to anyone” (Justice in Michael Bryant case, 2010). But the newspaper is not correct in concluding that what happened in the aftermath of the tragedy speaks well of the legal system. For one person involved, the legal system worked well, but not for Darcy Sheppard.
In a similar manner, Franco Tarulli writes, “Ontario did exactly the right thing in this case, and the result is exactly what ought to have happened” (Michael Bryant: “Extraordinary” justice?, 2010). Justice may have been served, for Michael Bryant, but the way the special prosecutor handled the case doesn’t appear to have been fair. Bringing up Darcy Sheppard’s past failings and personal background as evidence that this was what caused the incident to happen was premature. There was no trial, and this should have no more place in the public’s mind than the damage committed, for whatever reason, by Bryant and the car he was driving.
For Michael Bryant, an extraordinary kind of justice
By Christie Blatchford
Globe and Mail
May 25, 2010
http://www.theglobeandmail.com/news/national/christie-blatchford/for-michael-bryant-an-extraordinary-kind-of-justice/article1580911/
http://www.caledoniawakeupcall.com/updates/100525globe3.html
http://lists.von.ca/pipermail/fasd_canadian_link/2010-May/001763.html
Justice in Michael Bryant case
Toronto Star
May 26, 2010
http://www.thestar.com/opinion/editorials/article/814268--justice-in-michael-bryant-case
Michael Bryant: “Extraordinary” justice?
By Franco P. Tarulli
The Ethical Lawyer
May 30, 2010
http://tarullilaw.com/ethicallawyer/2010/05/30/michael-bryant-extraordinary-justice/
Michael Bryant should be judged on his merits
By National Post editorial board
National Post
May 25, 2010
http://fullcomment.nationalpost.com/2010/05/25/judge-michael-bryant-on-his-merits/#more-1516
Links updated May, 2012
10 September 2009
Michael Bryant and Darcy Sheppard: divided by class
revised, and references updated, May 2012
The tragic death of Darcy Sheppard, involved in a violent incident with ex-
attorney general Michael Bryant, isn't a morality play, though I think I understand how Margaret Wente might want to see it portrayed as such. It is very class-based logic to see the event as a "cautionary tale for public figures," as though the tragedy could somehow have been avoided, and worse yet, what the consequences can be for important or wealthy people getting mixed up with those other kind of people in society.
To begin with, Michael Bryant didn't just change into a "clean suit," after the accident, before he went to the police station (see Morality play, 2009). He changed out of the t-shirt he had been wearing into the shirt and tie with suit, before being taken to the police station. This is a minor issue, but an example of the ways Wente distorts language and its significance for the public. Bryant may have wanted to change into clean clothes, but the suit was for impression management, not for spending a comfortable night in jail.
Even Jackie Kennedy didn’t change out of her bloodstained suit before getting into the airplane with her husband’s body – John F Kennedy, following his assassination on November 22, 1963, nor on board the plane (Jackie Kennedy’s Pink Suit, 2011.) It’s a matter of priorities, and one has to wonder what Bryant’s really were. Fight or flight. Keep it close; remember; or push it away. Naturally, Jackie wasn’t completely immune to the fight or flight syndrome. Her immediate reaction on having her husband shot while seated beside her in the car was to clamber over the back seat of the convertible, a momentary lapse in good judgement.
When Darcy Sheppard talked back to the driver of the car that had bumped into his bike, it wasn’t to someone wearing a suit, thus more likely to be viewed as someone middle class. Bryant was wearing a t-shirt like any other ordinary person on the street at the time of the accident. So who should take care to avoid the other. Should it be the affluent middle class couple who should be more wary of getting into difficulty and getting blamed for it, or would it be more realistic to advise the person lacking the resources to fight injustice to be more careful to avoid people who show signs of having wealth and prestige. And did Darcy Sheppard realize the danger he was in?
On Sept 1, 2009, Bryant was charged with criminal negligence causing death and dangerous operation of a motor vehicle causing death. Witnesses, including Raajiv Rajadurai and Ryan Brazeau provided details of the street interaction between Bryant and Sheppard (Bryant charged, Sept, 2009; Death on Bloor, Dec, 2009).
The charges were withdrawn with no preliminary hearing taking place, a decision that was explained by special prosecutor Richard Peck, who stated in court, “The evidence establishes that Mr. Sheppard was the aggressor in the altercation with Mr. Bryant. He was agitated and angry, without any provocation from Mr. Bryant and his wife,” (Former Ontario AG, May, 2010).
Bryant himself is quoted as saying, “It is not a morality play about bikes versus cars, couriers versus drivers, or one about class, privilege or politics. It’s just about how in 28 seconds, everything can change” (Former Ontario AG, May, 2010). But if we remove the words “a morality play” from this sentence – Bryant’s claim – it really is about bikes versus cars, and about class, privilege and politics.
Set aside the morality problem for now. Think about what happened, and the consequences. Bryant may have been surprised – no, astounded, to see how quickly a person’s life can change, can go from a normal day out to violence, death, accusations, and practically every aspect of their life being changed forever. He says that. He has now experienced adversity, that emotionless term that is applied to such situations.
From the outside, looking at someone who is angry might appear the same as looking at someone who is experiencing fear. Without Bryant’s explanation, the behaviour could be interpreted as anger against the cyclist who got in his way, and not terror at being accosted by him and not being able to get him off his car (see Former Ontario AG Michael Bryant, May, 2009).
In an article just a few months prior to the incident, Bryant talks about his love of boxing, and his skill in the ring (Contender, Jan, 2009, as noted by a commenter on ‘Cyclist may have grabbed,’ 2009). Is this the same man who was terrified of the cyclist, Darcy Sheppard? Was it Sheppard that Bryant feared or the situation, knowing that being involved in an altercation with a cyclist wouldn’t be good for his reputation – or his career? Are we permitted to use emotions such as fear – or love - as reasons for behaviour that we wouldn’t ordinarily engage in? When you see your life disappearing right in front of your eyes, it can be traumatic. Realizing in one split second that all he things you dreamed about and hoped for are at risk, and may never come about, can have a dramatic effect on a person’s ability to respond appropriately to the situation.
On the effects of the incident to Michael Bryant and his career, a friend is reported as saying,
“An acquittal will remove the possibility of jail, but not the stain of his stupidity. He’ll forever be known, fairly or not, as the guy whose political career ended one fateful August night on Bloor St.” (Is Michael Bryant’s life, 2009).
First, the assumption that Bryant might be acquitted is irrelevant, speaking in hindsight. Secondly, I question whether this can be put down to stupidity, which implies rationality - rational decision-making, though poorly thought out in the moment. This is more about the emotions – a gut response in the midst of the initial altercation. And finally, it’s not written in stone that he will not be allowed to make a political comeback. See this comparison with a similar incident involving another Toronto bike messenger, Thomas McBride, in 1999 (Michael Bryant: Toronto’s Carnell Fitzpatrick, 2009).
PR expert Jonathan Bernstein knows the importance of charisma in making a comeback – as demonstrated by Bill Clinton, along with other more intentional means of influencing opinion and repairing reputation damage (The long road to reputation, 2009). Social media is another aspect of that (see Michael Bryant's political strategy, 2009). For a day-by day-account of the first week, see Spinning the first week, 2009.
Bryant is currently listed as owner and operator of Humilitus Group, and as a visiting professor at Osgoode Law School (Michael Bryant leaves Norton, 2012.) He now speaks on his experience and how it has transformed him (Michael Bryant: Former Attorney General, since 2010).
See more on BlogTO on the city’s reaction after the charges against Bryant were dropped, including photos and comments by readers (Michael Bryant walks, 2010).
Bryant charged with criminal negligence after crash
ctvtoronto.ca
Sept 1, 2009
http://www.ctv.ca:80/servlet/ArticleNews/story/CTVNews/20090901/fatal_collision_090901/20090901?hub=TopStories\
The contender
By Amanda Lang
Globe and Mail
Jan. 26, 2009, updated Apr 09, 2009
http://www.theglobeandmail.com/report-on-business/article967360.ece
http://samcpherson.homestead.com/files/Miscellaneous/2009_Jan_TheContender.doc
Cyclist may have grabbed Bryant, wheel: police
+ 1020 comments
CBC News
Sept 2, 2009
http://www.cbc.ca/news/canada/toronto/story/2009/09/02/toronto-bryant-cyclist-sheppard523.html
Death on Bloor: Bryant enters a world beyond political spin
By Josh Wingrove, Timothy Appleby and Kate Hammer
Globe and Mail
Dec 16, 2009
http://www.yasni.com/ext.php?url=http%3A%2F%2Fm.theglobeandmail.com%2Fnews%2Fnational%2Fdeath-on-bloor-bryant-enters-a-world-beyond-political-spin%2Farticle1272875%2F%3Fservice%3Dmobile%26page%3D1&name=Annette+Wabie&cat=filter&showads=1
Former Ontario AG Michael Bryant was ‘terrified’ during fatal encounter with cyclist
By Shannon Kari
National Post
May 25, 2010
http://news.nationalpost.com/2010/05/25/criminal-charges-against-former-ag-michael-bryant-withdrawn/
Is Michael Bryant’s life over – or has it just begun?
By Lynda Hurst
Toronto Star, reprinted for The Record.com
Sept 5, 2009
http://www.thestar.com/news/insight/article/690718--is-michael-bryant-s-life-over-or-has-it-just-begun
http://www.myartworks.ca/printArticle/593478
Jackie Kennedy’s Pink Suit
By Lisa Waller Rogers
Lisa's History room
Feb 12, 2011
http://lisawallerrogers.wordpress.com/2011/02/12/jackie-kennedys-pink-suit/
The long road to reputation repair
By Simon Houpt
Globe and Mail -Globe Investor
Sept 03, 2009
http://www.globeinvestor.com/servlet/story/RTGAM.20090903.wadhoc0904/GIStory/undefined
Michael Bryant: Former Attorney General and Author of 28 Seconds
Speakers' spotlight
since 2010
http://www.speakers.ca/bryant_michael.html
Michael Bryant leaves Norton Rose
Globe and Mail
Feb 14, 2012, updated Mar. 13, 2012
http://www.theglobeandmail.com/report-on-business/industry-news/the-law-page/bar-talk/michael-bryant-leaves-norton-rose/article2338612/
Michael Bryant's political strategy: PR 2.0
+ 484 comments
By Kate Hammer
Globe and Mail
Sept 8/14, 2009
http://www.theglobeandmail.com/news/national/michael-bryants-political-strategy-pr-20/article1279957/
Michael Bryant: Toronto’s Carnell Fitzpatrick
Mess Media, Bryant Watch
Nov 19, 2009
http://bryantwatch.wordpress.com/2009/11/19/michael-bryant-toronto%E2%80%99s-carnell-fitzpatrick/
Michael Bryant walks, the cycling community rides, and a bad taste lingers
+ comments
By Derek Flack
BlogTO.com
May 26, 2010
http://www.blogto.com/city/2010/05/michael_bryant_walks_the_cycling_community_rides_and_a_bad_taste_lingers/
Morality play and a stampede to judgment
By Margaret Wente
No comments permitted
Globe and Mail
Sept 9/ Oct 3, 2009
http://www.theglobeandmail.com/news/opinions/morality-play-and-a-stampede-to-judgment/article1281262/
Spinning the first week of Michael Bryant's new life
By Linda Diebel
TO Star
Sept 5, 2009
http://www.thestar.com/News/GTA/article/691400
The tragic death of Darcy Sheppard, involved in a violent incident with ex-
attorney general Michael Bryant, isn't a morality play, though I think I understand how Margaret Wente might want to see it portrayed as such. It is very class-based logic to see the event as a "cautionary tale for public figures," as though the tragedy could somehow have been avoided, and worse yet, what the consequences can be for important or wealthy people getting mixed up with those other kind of people in society.
To begin with, Michael Bryant didn't just change into a "clean suit," after the accident, before he went to the police station (see Morality play, 2009). He changed out of the t-shirt he had been wearing into the shirt and tie with suit, before being taken to the police station. This is a minor issue, but an example of the ways Wente distorts language and its significance for the public. Bryant may have wanted to change into clean clothes, but the suit was for impression management, not for spending a comfortable night in jail.
Even Jackie Kennedy didn’t change out of her bloodstained suit before getting into the airplane with her husband’s body – John F Kennedy, following his assassination on November 22, 1963, nor on board the plane (Jackie Kennedy’s Pink Suit, 2011.) It’s a matter of priorities, and one has to wonder what Bryant’s really were. Fight or flight. Keep it close; remember; or push it away. Naturally, Jackie wasn’t completely immune to the fight or flight syndrome. Her immediate reaction on having her husband shot while seated beside her in the car was to clamber over the back seat of the convertible, a momentary lapse in good judgement.
When Darcy Sheppard talked back to the driver of the car that had bumped into his bike, it wasn’t to someone wearing a suit, thus more likely to be viewed as someone middle class. Bryant was wearing a t-shirt like any other ordinary person on the street at the time of the accident. So who should take care to avoid the other. Should it be the affluent middle class couple who should be more wary of getting into difficulty and getting blamed for it, or would it be more realistic to advise the person lacking the resources to fight injustice to be more careful to avoid people who show signs of having wealth and prestige. And did Darcy Sheppard realize the danger he was in?
On Sept 1, 2009, Bryant was charged with criminal negligence causing death and dangerous operation of a motor vehicle causing death. Witnesses, including Raajiv Rajadurai and Ryan Brazeau provided details of the street interaction between Bryant and Sheppard (Bryant charged, Sept, 2009; Death on Bloor, Dec, 2009).
The charges were withdrawn with no preliminary hearing taking place, a decision that was explained by special prosecutor Richard Peck, who stated in court, “The evidence establishes that Mr. Sheppard was the aggressor in the altercation with Mr. Bryant. He was agitated and angry, without any provocation from Mr. Bryant and his wife,” (Former Ontario AG, May, 2010).
Bryant himself is quoted as saying, “It is not a morality play about bikes versus cars, couriers versus drivers, or one about class, privilege or politics. It’s just about how in 28 seconds, everything can change” (Former Ontario AG, May, 2010). But if we remove the words “a morality play” from this sentence – Bryant’s claim – it really is about bikes versus cars, and about class, privilege and politics.
Set aside the morality problem for now. Think about what happened, and the consequences. Bryant may have been surprised – no, astounded, to see how quickly a person’s life can change, can go from a normal day out to violence, death, accusations, and practically every aspect of their life being changed forever. He says that. He has now experienced adversity, that emotionless term that is applied to such situations.
From the outside, looking at someone who is angry might appear the same as looking at someone who is experiencing fear. Without Bryant’s explanation, the behaviour could be interpreted as anger against the cyclist who got in his way, and not terror at being accosted by him and not being able to get him off his car (see Former Ontario AG Michael Bryant, May, 2009).
In an article just a few months prior to the incident, Bryant talks about his love of boxing, and his skill in the ring (Contender, Jan, 2009, as noted by a commenter on ‘Cyclist may have grabbed,’ 2009). Is this the same man who was terrified of the cyclist, Darcy Sheppard? Was it Sheppard that Bryant feared or the situation, knowing that being involved in an altercation with a cyclist wouldn’t be good for his reputation – or his career? Are we permitted to use emotions such as fear – or love - as reasons for behaviour that we wouldn’t ordinarily engage in? When you see your life disappearing right in front of your eyes, it can be traumatic. Realizing in one split second that all he things you dreamed about and hoped for are at risk, and may never come about, can have a dramatic effect on a person’s ability to respond appropriately to the situation.
On the effects of the incident to Michael Bryant and his career, a friend is reported as saying,
“An acquittal will remove the possibility of jail, but not the stain of his stupidity. He’ll forever be known, fairly or not, as the guy whose political career ended one fateful August night on Bloor St.” (Is Michael Bryant’s life, 2009).
First, the assumption that Bryant might be acquitted is irrelevant, speaking in hindsight. Secondly, I question whether this can be put down to stupidity, which implies rationality - rational decision-making, though poorly thought out in the moment. This is more about the emotions – a gut response in the midst of the initial altercation. And finally, it’s not written in stone that he will not be allowed to make a political comeback. See this comparison with a similar incident involving another Toronto bike messenger, Thomas McBride, in 1999 (Michael Bryant: Toronto’s Carnell Fitzpatrick, 2009).
PR expert Jonathan Bernstein knows the importance of charisma in making a comeback – as demonstrated by Bill Clinton, along with other more intentional means of influencing opinion and repairing reputation damage (The long road to reputation, 2009). Social media is another aspect of that (see Michael Bryant's political strategy, 2009). For a day-by day-account of the first week, see Spinning the first week, 2009.
Bryant is currently listed as owner and operator of Humilitus Group, and as a visiting professor at Osgoode Law School (Michael Bryant leaves Norton, 2012.) He now speaks on his experience and how it has transformed him (Michael Bryant: Former Attorney General, since 2010).
See more on BlogTO on the city’s reaction after the charges against Bryant were dropped, including photos and comments by readers (Michael Bryant walks, 2010).
Bryant charged with criminal negligence after crash
ctvtoronto.ca
Sept 1, 2009
http://www.ctv.ca:80/servlet/ArticleNews/story/CTVNews/20090901/fatal_collision_090901/20090901?hub=TopStories\
The contender
By Amanda Lang
Globe and Mail
Jan. 26, 2009, updated Apr 09, 2009
http://www.theglobeandmail.com/report-on-business/article967360.ece
http://samcpherson.homestead.com/files/Miscellaneous/2009_Jan_TheContender.doc
Cyclist may have grabbed Bryant, wheel: police
+ 1020 comments
CBC News
Sept 2, 2009
http://www.cbc.ca/news/canada/toronto/story/2009/09/02/toronto-bryant-cyclist-sheppard523.html
Death on Bloor: Bryant enters a world beyond political spin
By Josh Wingrove, Timothy Appleby and Kate Hammer
Globe and Mail
Dec 16, 2009
http://www.yasni.com/ext.php?url=http%3A%2F%2Fm.theglobeandmail.com%2Fnews%2Fnational%2Fdeath-on-bloor-bryant-enters-a-world-beyond-political-spin%2Farticle1272875%2F%3Fservice%3Dmobile%26page%3D1&name=Annette+Wabie&cat=filter&showads=1
Former Ontario AG Michael Bryant was ‘terrified’ during fatal encounter with cyclist
By Shannon Kari
National Post
May 25, 2010
http://news.nationalpost.com/2010/05/25/criminal-charges-against-former-ag-michael-bryant-withdrawn/
Is Michael Bryant’s life over – or has it just begun?
By Lynda Hurst
Toronto Star, reprinted for The Record.com
Sept 5, 2009
http://www.thestar.com/news/insight/article/690718--is-michael-bryant-s-life-over-or-has-it-just-begun
http://www.myartworks.ca/printArticle/593478
Jackie Kennedy’s Pink Suit
By Lisa Waller Rogers
Lisa's History room
Feb 12, 2011
http://lisawallerrogers.wordpress.com/2011/02/12/jackie-kennedys-pink-suit/
The long road to reputation repair
By Simon Houpt
Globe and Mail -Globe Investor
Sept 03, 2009
http://www.globeinvestor.com/servlet/story/RTGAM.20090903.wadhoc0904/GIStory/undefined
Michael Bryant: Former Attorney General and Author of 28 Seconds
Speakers' spotlight
since 2010
http://www.speakers.ca/bryant_michael.html
Michael Bryant leaves Norton Rose
Globe and Mail
Feb 14, 2012, updated Mar. 13, 2012
http://www.theglobeandmail.com/report-on-business/industry-news/the-law-page/bar-talk/michael-bryant-leaves-norton-rose/article2338612/
Michael Bryant's political strategy: PR 2.0
+ 484 comments
By Kate Hammer
Globe and Mail
Sept 8/14, 2009
http://www.theglobeandmail.com/news/national/michael-bryants-political-strategy-pr-20/article1279957/
Michael Bryant: Toronto’s Carnell Fitzpatrick
Mess Media, Bryant Watch
Nov 19, 2009
http://bryantwatch.wordpress.com/2009/11/19/michael-bryant-toronto%E2%80%99s-carnell-fitzpatrick/
Michael Bryant walks, the cycling community rides, and a bad taste lingers
+ comments
By Derek Flack
BlogTO.com
May 26, 2010
http://www.blogto.com/city/2010/05/michael_bryant_walks_the_cycling_community_rides_and_a_bad_taste_lingers/
Morality play and a stampede to judgment
By Margaret Wente
No comments permitted
Globe and Mail
Sept 9/ Oct 3, 2009
http://www.theglobeandmail.com/news/opinions/morality-play-and-a-stampede-to-judgment/article1281262/
Spinning the first week of Michael Bryant's new life
By Linda Diebel
TO Star
Sept 5, 2009
http://www.thestar.com/News/GTA/article/691400
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