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Ont. MPP trying to block Bernardo movie
CTV.ca News Staff
Date: Fri. May. 20 2005 11:41 PM ET
An Ontario MPP is trying to block the release of Deadly, a new Hollywood-made movie about Paul Bernardo and Karla Homolka in his province.
Cam Jackson's private member's bill, Bill 202, would allow family members of the victims to sue the distribution company or a theatre company for emotional distress from the film.
Jackson says it's not a matter of censorship; it's about protecting family members from being victimized all over again.
"The principle in law is that you can't re-victimize families that have already been victimized by a crime," Jackson explained to Canada AM.
"This, in a sense, says that you can go and sue someone who specifically wants to profit from your pain and your suffering as a family."
Deadly is slated to be released in the United States later this year but could be out in Canada first. Reports suggest the movie could be in Ontario theatres around the same time Homolka is released from prison, on July 5.
Jackson says the producers of the film have already violated the rights of the victims' families before the movie has even been released, just by naming the victims.
"What the producers are cleverly trying to do is actually use footage, go back to the scenes of the crime, to use the proper names. The fact of it is that you can't do that -- unless you have the permission of the family or you're willing to risk a lawsuit."
He notes that one of Bernardo and Homolka's rape victims who survived the attack was able to retain her anonymity by being called "Jane Doe" in all court documents. But Kristen French and Leslie Mahaffy, who were killed, were not afforded the same privilege.
"When you die, the state takes away your voice. And we're trying to give them a voice to say that they do not want this to happen," Jackson says.
He says the film is filled with images that reenact the crimes and he doesn't believe that anyone in Ontario should be looking at those pictures.
"These are horrendous images that re-victimize families, and what for? For the purpose of profit to exploit people's grief. Those two children died for the private pleasure of Paul Bernardo and Karla Homolka -- not for the pleasure of everybody else in Ontario to witness."
The MPP, who represents the riding of Burlington, sponsored another bill meant to protect the French and Mahaffy families back in 1994. That bill became the Victims' Right to Proceeds of Crime Act and prohibits criminals from profiting from their crimes by retelling them.
The bill has meant that Bernardo and Homolka have not been allowed to sell movie rights or book rights to their story. Any profit they make in their lifetime will be seized by the state and go to provide services for victims.
The producers of Deadly have offered to have some of their profits go to charity. Jackson dismisses the offer.
"You have to look at this and try to imagine the extraordinary pain that families go through, especially on a crime this severe and this public," he says.
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This short piece illustrates perfectly the problem with the adversarial legal system, where the idea of actual guilt is irrelevant to all participants in the pantomime. I support the vigorous defence of a person's rights, but also grasp why lawyers come across slimy. It's hard to look crystal clear and clean when you provide your services on a foundation of one set of acceptable lies against another.
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