SENTENCING REMARKS

Criminal Justice System — Systemic Harm Proceedings

Before the Honourable Tribunal

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I will make clear at once what this proceeding is and what it is not.

This is not an inquiry. This is not a review. This is not a commission of recommendation. The findings have been made. The evidence has been heard. The photographs have been seen. The cells have been walked through. The notes have been read.

This is a sentencing.

I will now address each of you directly.

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To the psychologist who wrote that report.

You assessed a person in custody who could form words on the phone with their friend but not in the room with you.

You wrote that down. You observed it correctly. And then you used your correct observation as evidence that the person was faking.

You are a person who spent years acquiring the knowledge that would have told you what you were looking at. You acquired that knowledge. You looked at the presentation. You named it accurately in your own notes. And then you inverted it and signed your name to the inversion and put it in a file that followed that person through every subsequent decision made about them.

You are not a person who didn't know. Ignorance requires absence of information. You had the information. You had the training. You had the credential that exists for the specific purpose of preventing exactly what you did.

You chose the other thing.

I have heard the evidence about what that report produced. How the word manipulative travelled. How many doors it closed before they opened. How many people read it and made their decision before the person in front of them had spoken.

You did that.

You, specifically. With your qualification and your notes and your signature.

I do not have a sentence commensurate with that. I am not sure one exists.

What I have is this: you will stand in a room. Som