LOCAL JUDGE SENDS CRITICS A MESSAGE

If Judge Wilf Klinger Were Permitted To Write A Letter To The Editor
Explaining Why Judges Impose The Sentences They Do, He Probably Would

Instead, the veteran provincial court judge did the next best thing -- he
asked administrative Judge Nancy Phillips to invite local news reporters to
attend the sentencing of Adam John Teleske at the Kelowna Law Courts on
Thursday. Teleske was convicted of producing 300 marijuana plants in the
basement of his rented home in 2003. He used an electrical bypass to power
the growing equipment needed to cultivate the indoor grow-op. The charge
has become so commonplace in the Central Okanagan, the offence barely
registers as news anymore. But Klinger wanted to make sure the media heard
- -- and delivered -his message. In making his 40-minute decision, the judge
outlined the range of punishments available to lower-court judges in
grow-op cases, as directed by the B.C. Court of Appeal

After a thorough review of those cases, Klinger concluded the best sanction
for Teleske, a 23-year-old, first-time offender, was the same conditional
sentence suggested jointly by the Crown and defence -- one year of house
arrest. "If there is a pattern to be discerned, it is that trial judges who
deal with the flood of grow operations tend to the opinion that conditional
sentences for grow operations do not adequately address denunciation and
deterrence ... but the Court of Appeal consistently disagrees," he said

"I must conclude that the joint submission is neither contrary to the
public interest nor is it unfit." Klinger said grow-ops have become
"notoriously common" in the Okanagan and elsewhere in the province. He
referred to the dangers of growing marijuana indoors, especially electrical
bypasses and the hazards they pose for firefighters and police. He said
"rip offs" of grow operations are adding more criminal activity to what is
already unlawful

Yet judges are bound by the range of sentencing imposed by the Court of
Appeal -- a range that is still unclear to provincial court judges, he said.

In one case involving a first-time grower of marijuana plants, the appeals
court found a one-year jail term was a fit sentence, yet a conditional
sentence of two years less a day was unfit.

"One is left to ask, given the Court of Appeal's reluctance to set the
range, how should a trial court determine the appropriate range?"

Klinger said. "Hopefully, subsequent Court of Appeal decisions would
provide clarity."

His remarks follow criticisms from B.C. Solicitor General Rich Coleman and
Kelowna RCMP Supt. Bill McKinnon that judges are imposing sentences that
are too lenient and sending the wrong message to criminals.

"I suspect (Klinger's sentence) is a reaction to the recent public outcry
from the solicitor general and the local superintendent of the RCMP, to
verify the rule of law prevails and judicial independence prevails," said
Michael Kennedy, Teleske's lawyer.

"He has concluded his judicial function is best served by imposing this
conditional sentence."

Local lawyers have never heard of a judge alerting members of the press to
attend a specific case.

In effect, Klinger's message was that judges are not living in a glass
bubble and they understand the community's concerns. Ultimately, however,
they are bound by the rule of law.

Teleske must live at his Burnaby home around the clock for a year unless he
attends work, shopping, exercise or other appointments approved by his
supervisor. He's barred from drinking alcohol or entering liquor
establishments, and he's prohibited from possessing weapons for 10 years.

For his part, Teleske was "very affected" by the sentencing, said Kennedy.

"He's never had his liberty restricted. To him, it's a severe sentence. He
was truly scared in there."