pn839. Our Laws Treat White-Collar and Blue-Collar Crime Differently, and Unfairly

 

Mike and Jonie Girouard 

Dr Jonie Girouard, who describes the Covid-19 vaccine as a "horrible medicine"— and who boasts that one or more of her certificates has breached an international border control— was caught in December issuing fake vaccine exemptions to her patients from her weight loss clinic in Kaiapoi.  She was recently fined $300, the maximum for this offence at the time which is now $4000. 

On Monday, the New Zealand Medical Association said Girouard was removed from its register and unable to practise in New Zealand. Her entry on the Register was removed, note, following her request, not that of the Association,  a few days after she was caught issuing the fake certificates. 

She and her husband Dr Mike Girourd (who also cannot practise in NZ),  now run their Jonie G's Guilt Free Chocolate factory using allulose, a new sugar substitute not yet approved in New Zealand. The factory and her behaviour are under investigation, and may well result in further charges but for the moment we have another example of how lightly the law so often punishes white-collar crime. 

We have an anti-vax doctor whose actions could adversely affect the health of many others. The vaccine is proven to make people less likely to be infected and many times less likely to become seriously ill or die.  She was not deregistered as a doctor; she deregistered herself. A $300 or $4000 fine will make no impact on her livelihood. Prison was not even considered; a fine was the maximum penalty allowed in law. 

Our law treats non-violent white-collar crime, which can have a massive impact on the lives of many, far more lightly than blue-collar crime which is often personal and violent in nature but generally impacts on few others.

Three main differences between white-collar and blue-collar crime

1.  White-collar crime is well named.  The overwhelming majority of criminals are well educated, professional White Pākehā in high  paid employment who are well respected in the community. Their punishment is usually a fine, often reduced due to mitigating factors such as "good references", "good  character"  and restitution payments.

2. A disproportionate number of blue-collar criminals are poorly educated, unemployed or poorly paid Māori or Pasikifa. Their punishment is too often jail and mitigating factors seldom have a significant influence on the length of sentence.

3.  After sentencing, the White criminals can usually recover much more quickly than Māori or Pasikifa. Their fines are so low they make no impact on their livelihood and the only possible downside is an often temporary loss of respect.  For Māori or Pasikifa the punishment makes a big impact on their lives and that of their families, and a cycle of reoffending and more prison are more likely outcomes.

I think many New Zealanders would say the law does not reflect the values of a fair and just society, and would support major changes in the way our legal system works.

-- ACW

See 

https://www.1news.co.nz/2022/01/12/anti-vax-doctor-fined-by-ministry-of-health/

https://www.newshub.co.nz/home/new-zealand/2022/01/anti-vaxx-deregistered-doctor-jonie-girouard-slapped-with-4000-fine-by-ministry-of-health.html Fines since increased to $3000.