Sordid' but 'Understandable under the Circumstances': Kohnke, Croft, and Wilson, 1967
Author | Constance Backhouse |
Pages | 227-262 |
E ChapterF
SORDIDBUT
“UNDERSTANDABLE UNDER
THECIRCUMSTANCES
KohnkeCroftandWilson
Tthe bodyofa nAbori gina lwoman onApri lset
in motion a train of events that displayed Canadian cr iminal justice at its most
callous core. It was a frosty Sunday morning when the body of Rose Marie
Rope ras even tee nye ar oldm emb erof th eEsk ete mcFi rst Nati onA lka li Lak e
Band, was found. Small in stature, she weighed less than a hundred p ounds.
Herbaeredandnudebodywaslyingfacedownontheiceandmudneara
garbage dump on a lonely logging road between Williams Lake and Lac La
Hache, in Cariboo County, central interior British Columbia. The RCMP indi
catedthatRosehadsueredabrokenneckbruisesandcutsTheyhad
yet to determine whether she was sexually assaulted as well.
Sexual assault culm inating in homicide was not uncommon in Can ada.
Somemenchokedsuocatedstabbedb eatorstrangled womenandg irls
inaneorttofacilitaterapeorindecentassaultOthertimestheykilledtheir
victims in a violent frenzy aer the sexua laack or in an eort to avoid
being c aught. Such acts could lead to charges of murder, which, if proven,
could result in capital punishment or mandatory li fe imprison ment.
A murder conviction required proof that the accused h ad intended to
cause death, or intended to cause bodily harm that he knew was “l ikely
tocausedeathandwasrecklesswhetherdeathensued
Even if the as
sailant had no desire to cause death or bodily harm, he could be convicted
ifhedidsomethingforanunlawfulobjectthatwaslikelytocausedeath
Thelawalso recognized anoenceof constructivemurderIfanaccused
wasi nt heproc ess ofcomm iing aser iousc riminal oence such as rape
ニニフCarnalCrimes
or indecent assault, and intentionally caused bodily har m to facilitate that
crime, he could be convicted even though he had no wish to kill h is victim,
and had no idea that death was likely to result.
Where the Crown was unable to prove murder, but the court was still
of the view that there had been a cu lpable homicide, the accused could be
convicted for the lesser crime of manslaughter, for which life imprison ment
was the maximum sentence. Where the evidence did not establish culpable
homicide, reduced verdicts could include rape, indecent assault, assault caus
ing bodily harm, common assault or, in extreme case s, accidental homicide
resultinginanacquial
Courtesy of t he Esketem c Land Set tlement O ce, PO Box , Williams La ke, BC, VG V.
Panoramic view of the Al kali Lake Reserve
SordidbutUnderstandableundertheCircumstancesニニヘ
A Tragic Childhood
RRSandraArchiehaswrienInourculturethe
greatest honour to bestow on anyone is to tell stories about them. Should you
decidetotell Rosesstoryshewill behonoured thatmost peoplewill hear
thet rutho fhershortli feRoseMa rieRop erwast heeldes tchi ldofJaco bB
RoperandPatriciaGeorgeRoperHerpaternalgrandmotherwasChristine
HainesandthefamilytraceditsheritagetoShuswapChilcotinandScoish
an c es t r y. The Roper fami ly lived at Alkali Lake, an isolated reserve located
kilome tress outhofWi lliam sLakei nhaunt inglyb eautif ulmou ntainous
ranching land covered with forests and fed by t he Fraser River.
The lands around Alka li Lake and Williams Lake had t raditionally be
longedtotheShuswappeopleAertwothirdsoftheShuswappopulation
werewipedoutin smallpoxepidemicsthe whiteselerswhofollowedt he
CaribooGoldRushinthe midnineteenthcentur yhelpedthemselvestothe
land, despite the absence of treaties and in blatant disregard of Aborigi nal
title. Aboriginal resistance proved futile. Five men from the neighbouring
Chilcotincommunitywereconvictedandhangedwhentheireortstopre
Courtesy of Sandra Archie
The Fraser River landsc ape between the Alkal i Lake and Dog Creek reserves
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