#Ghomeshi: or, Justice, God of the Godless

Canadians have had their gaze fixed on the sexual assault trial of Jian Ghomeshi since it began last February. A Toronto court today found Ghomeshi not guilty on four counts of sexual assault and one count of forced choking. (It’s important to note that Ghomeshi has a second sexual assault trial pending for June, this time with only a single complainant).

Justice Horkins’ 26-page verdict on the Ghomeshi trial is available here. I’ve personally had a lot of difficulty thinking any clear thoughts about the verdict, besides just anger, frustration and sadness. This is what most stood out to me in the judge’s verdict…

“There is no other evidence to look to determine the truth. There is no tangible evidence. There is no DNA. There is no ‘smoking gun’. There is only the sworn evidence of each complainant, standing on its own, to be measured against a very exacting standard of proof.” ([131] p. 23).

“The standard of proof in a criminal case requires sufficient clarity in the evidence to allow a confident acceptance of the essential facts. In these proceedings the bedrock foundation of the Crown’s case is tainted and incapable of supporting any clear determination of the truth.” ([140] p. 25).

My thoughts: we need to seriously consider our standards of “truth” and “truth-acceptance” in the science of jurisprudence, especially in criminal trials of this nature. The very thought that there is a concrete, determinate and independently real “truth” to the matter seems, to me, fundamentally misguided. The presumption of innocence – widely considered a crucial aspect of a fair criminal justice system – appears to have failed to actualize the goal of justice in this case. This, because this presumption not only places the burden of proof on the Crown and Ghomeshi’s alleged victims – more importantly, it puts survivors, rather than their assailants, on trial.

Our justice system is as pervasively Christianized in this respect as countless other liberal occidental institutions. Failing to speak the truth, in full knowledge of it, when called upon as a witness, is already called a sin, in Leviticus. Obviously the implication is that the notion of absolute truth, metaphysically, is as distant from us as knowers as God is.

I do not know what is to be done. I only know that I am made sick by the godless, who create themselves in the image of gods, in the name of a god called, “Justice”.

The “smoking gun” Justice Horkins is looking for, as I see it, is the justice system itself. And the DNA he is looking for is only its own genealogy.


When radical therapies are not at all rad.

A class action lawsuit has been filed by a Toronto law firm over allegations that psychiatric treatments administered at a former Ontario treatment facility, involving radical therapeutic theories and practices, constituted a rare form of psychological torture for many patients. Patients exhibiting psychopathological tendencies actually showed higher rates of violent recidivism as a result of receiving treatment than psychopaths incarcerated in federal prisons.

Interestingly, the Toronto law firm that’s filed the class action suit has claimed that the methods used at the Ontario psychiatric facility had “no basis in science”, while a former research director and her colleagues hold that “[t]here is no doubt that the therapeutic community … was based on sound clinical experience and a solid theoretical understanding of the contemporary literature on the treatment of criminal offenders” (Harris et al., 1994). We can be critical of science in more fruitful ways, without maintaining such stringent demarcation criteria.

The methods used at Oak Ridge were based in part on radical psychiatric theories, not unscientific ones. However, after reading some of the former institution’s publications, I can say that the higher rates of comorbidity of certain types of mental illness (e.g., schizophrenia) with psychopathological behaviour does not seem to have factored into the rates of violent recidivism considered in their outcomes data. Moreover, the thought that massive doses of LSD and other psychotropics, extended periods in isolation and sleep deprivation could easily induce schizophrenic breaks in patients, deemed “glib” (op. cit), and resistant to coercion. Furthermore, Harris et al., fail to realize that the comorbidity of schizophrenia and psychopathy is also higher among violent patients, compared to nonviolent ones (Nolan et al., 1999).

Now, let’s just remember that the matter of ‘having a scientific basis’ is importantly different from the matter of consent, and the violent and coercive implementation of measures established in accordance with scientific beliefs on subjects who, by and large, are not in a position to give consent…

  1. Harris, Grant; Rice, Marnie; Cormier, Catherine, “Psychopaths: Is a Therapeutic Community Therapeutic?” in Therapeutic Communities (1994) 15(4), 283-299.
  2. Nolan, Karen; Volavka, Jan; Mohr, Pavel; Czobor, Pál, “Psychopathy and Violent Behavior Among Patients With Schizophrenia or Schizoaffective Disorder” in Psychiatric Services (1999) 50(6), 787-792.