Yesterday’s Ottawa Citizen delivered the disturbing news that a 47 year old man was not going to face charges for encouraging Nadia Kajouji, an 18 year old freshman at Carleton University, to commit suicide. The facts are disturbing. The Minnesota man pretended to be a 28 year old woman who encouraged Kajouji to take her life in front of a camera online in a proposed suicide pact. When the 18 year old student would not participate, the pact was extended to a set date and time although it was not to be carried out online. Ottawa police decided not to pursue charges because they were uncertain as to whether or not the man had sufficient influence in the young woman’s decision to commit suicide.
We’ve worked with Harold Albrecht (MP, Kitchener-Conestoga) to support the current motion M-388 before the House of Commons seeking to clarify that section 241 of the Criminal Code covers just such circumstances. There are many who have described the motion as unnecessary, arguing that the law is clear. But, it appears those charged with enforcing the law do require some direction from those responsible for establishing the law.
Section 241 is simple:
Every one who
(a) counsels a person to commit suicide, or
(b) aids or abets a person to commit suicide,
whether suicide ensues or not, is guilty of an indictable offence …
There are no provisions that exclude those who, from outside our borders, counsel someone to commit suicide within our borders. In fact, we have a very workable extradition treaty with the U.S.
There are no provisions that exempt middle-aged male nurses who are fathers of two and pretend to be a young woman while meeting a young woman considering suicide in a chat room from facing prosecution.
Nor are there provisions that exempt someone from prosecution in Canada because he is under investigation in his home state for having offered similar advice to others within the borders of his own country.
The law is clear, or some say it is. If you counsel someone to take their own life, “whether suicide ensues or not,” you have committed a crime in Canada and are subject to criminal charges. In this instance, the chatroom log is clear that suicide was counselled and the end result is, sadly, also clear. Nadia Kajouji’s body was found in the Ottawa River in April 2008.
Nadia Kajouji’s mother tape recorded her meeting with Ottawa police. She turned the tape over to the Ottawa Citizen. The Citizen reported the contents of the tape. The Globe and Mail today reported that the decision on pursuing charges is not final as the matter has not yet been reviewed by the Crown Attorney’s office.
In the midst of this extremely sad and messed up situation we give credit to Harold Albrecht for seeing clearly what was unclear to law enforcement. Let’s hope the direction of Parliament and the opinion of those who think section 241 sufficiently clear will line up to allow this law to apply in situations such as this. If not, let’s change the law so that it does. Unfortunately, we live in a world where those contemplating suicide can seek advice from the nameless, faceless at the other end of a fibre optic cable who would prey on their weakness.