Judge blasts 'unjust honour-based values' while sentencing immigrant mom and son to jail
BY TONY SPEARS, OTTAWA SUN
FIRST POSTED: TUESDAY, SEPTEMBER 23, 2014 04:48 PM EDT | UPDATED: TUESDAY, SEPTEMBER 23, 2014 08:02 PM EDT
Archaic and unjust honour-based values have no place in Canadian society, a judge said before sending an immigrant mother and son to the slammer.
Iqbal Bibi and Khawar Saeed had been convicted of tormenting the family’s then-22-year-old daughter, who they believed had dishonoured the family by having the temerity to date a white man who worked with her at a McDonald’s.
Judge Monique Metivier ordered Bibi, a 49-year-old Pakistani woman who speaks no English, to learn the language and Canadian values — and she handed Bibi a five-month jail sentence.
Metivier sentenced Saeed, 22, to seven months in the clink for what she said were crimes “rooted in gender discrimination.”
“The cultural norms under which Mr. Saeed was operating are antithetical to Canadian values,” the judge said during sentencing Monday.
“The facts here do not obviate the need for significant condemnation of these crimes.”
Bibi, convicted of intimidation, shrieked threats at her own daughter outside the boyfriend’s house, where the young woman had fled to escape her family.
Saeed, convicted of criminal harassment, sent menacing text messages while the campaign of intimidation raged in the summer of 2011.
“If dad doesn’t kill you, I will,” one text read.
Crown prosecutor Kerry McVey had asked for nine-month jail sentences.
“Honour violence can’t be allowed to gain traction in this country,” she told the court.
But defence lawyers Peter Beach and Jeffrey Langevin argued against jail for Bibi and Saeed, portraying them as victims of a dictatorial father, Mohammed Saeed, who had pleaded guilty to assaulting the daughter and got a 10-month jail sentence in a separate proceeding.
Though the family had immigrated to Canada in 2005, Langevin argued Saeed remained in the thrall of his father’s rigid beliefs.
And the lawyer noted Saeed had actually intervened to stop his father from beating up the daughter.
“He’s a young man whose father is king of the household,” Langevin said. “He’s horribly caught in the middle of this cultural clash.”
Beach said Bibi — a first-time offender with a very limited education — is a “fragile person” for whom jail would be especially harsh.
“She was a very isolated wife,” he said.
While Metivier conceded that Bibi may have acted under cultural and family pressure, the judge said mother and son “shared a dangerous belief system that has and can lead to violence against women.”
“These require significant denunciation.”
As for Saeed, a bad pre-sentence report sealed his fate; the author believed Saeed continues to harbour resentment towards his sister.
Metivier said Saeed exploited what had been a close relationship with his sister “to manipulate her.”
“I cannot find that a sentence of time served in the community would sufficiently denounce and deter this particular offender and others similarly inclined,” Metivier said.
Saeed told the judge the past three years had changed him “a lot.”
“I promise nothing like this will ever happen again,” he said.
Bibi said nothing when given the chance to speak, but she wept after the judge sentenced her to jail.
With credit for pre-sentence custody and time spent on strict release conditions, Bibi got 33 days in jail.
Saeed will serve 74 days.
The pair also got probation under the terms of which Bibi will have to take English as a Second Language classes or cultural integration programs.
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