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Wednesday, February 17, 2010

So what do we really want?

We really are a fickle bunch.  It does not matter what any federal government does sooner or later the sitting party loses it’s luster and nobody is happy.  One of the promises the Harper government made as a campaign strategy was tougher crime laws.  Stiffer sentences, zero tolerance was the hope put before the electorate.  So far we have seen Bill C15 brought forth which surprisingly got the support of Ignatieff and the Liberal MP's.

If Bill C15 becomes law it will see mandatory prison sentences for several drug offenses.  Other bills the conservatives have put before Parliament ended up stalling when Parliament was prorogued.  However,  Bill C15 is not really what the average person was hoping for when Harper promised to be “Tough on Crime.”

What I wanted to see was a bill that would address increased legislated punishments on the Criminal Code.  Even to go as far as amending the Criminal Code to readdress some offenses that have fallen into the dual-procedure trap, allowing the courts to treat some serious crimes as summary offenses, allowing some to get off for crimes such as breaking and entering your businesses and only get a monetary fine instead of time.

So, the conservatives started with drug offenses and we are to hold our breath and wait for the real work to begin.  I guess it is a good start but I couldn't help but notice that this Bill was received by the public with great skepticism and in many cases plain anger.

Colleagues have written articles using Bill C15 as a platform to call out against tougher crime bills in general.  Yet, it is hard to imagine anyone not wanting to put away criminals for at least some length of time in an attempt to make the streets safer.

One function of Bill C15 will provide provisions to impose a minimum six months sentence to anyone caught in the possession of marijuana, including the possession of over five marijuana plants.  Along with this Bill the government has suggested that the federal prison system will be expanded to accommodate the increased prison population.  I am certainly not one to side with the likes of Mark Emery, the King of Pot, but if the conservatives wanted to push ahead with tougher crime laws, why did they start with the 420 crowd?

The liberal press was quick to jump on this bill and cite uncredited studies that showed that tougher laws for pot smoking  don't deter potheads from puffing up.  And, increased prison systems don't make our streets safer. In fact, some reactions cited support for softening laws for drug offenses with the logic that everyone sooner or later will do it, so let them just be and go after the 'real criminals' instead.  It is not surprising that the conservatives got this reaction, you could see this coming a mile away  So it begs the question, 'Why did Harper not just take a legal pen to sentences on crimes like sex offenses, assaults, home invasions and frauds to name just a few?’

This is where I believe we can all agree on.  And, if it takes spending some 'shovel ready' funds to make the prison system beefier then I'll put down the word processor and don a hard hat.  Hell, I would enjoy seeing the prisons built.

However, building new prisons is too simple a view of the problem and what we have been doing over the past 30 years has been focusing on rehabilitation based primarily on social programs aimed at educating people before they offend.  And, when the education fails we usher the offender into institutions disguised with such politically correct titles as young offender Centres.  A place where future career criminals are exposed to more programming in an effort to evangelize them into well rounded members of society.  But in too many cases the kids are back into the system, and by the time they turn 18 they have developed great contacts and skills that put them into places call Prisons instead of Centres.

I know I am whining here, but the bottom line is this. I really don't believe that most sociopaths can be rehabilitated. I also believe that the only way to fight crime is to create an environment where the criminal begins to perceive that there is a high likelihood of being caught.  And, along with being caught, there is a judge with some ca-hones willing to impose a sentence worthy of giving the scumbag pause.  Because that is where we have failed.  The Criminal Code of Canada is a toothy piece of work, but after the police break their backs and get them before the courts, we tend to see lenient sentences handed down even thought the Criminal Code has provisions for a stiffer penalty in place.

So, this is where the initial hopes for stiffer penalties for criminals lay.   In the hands of promises made by the conservative government.  It is also very evident that so far we have not seen this promise fulfilled.  Quite frankly, I have been rather pleased with the Harper government and I have said as much in the past.  But I too can be fickle, and when Parliament sits once again after the lengthy break it will be interesting if we see the legal landscape of Canada is efficiently tackled.  Until then, lock your doors and buy a car alarm, because so far Canada does not have a system that deters crime.

1 comment:

FrankDiscussion said...

Bill C-15 will not deter crime or make Canadians safer... and Stephen Harper KNOWS THIS. What does that say about his character?

I think this bill is all about politics and nothing to do with the safety of Cdns.

Harper claims to want "protect families" and make Canada a safer country, YET he brings forward legislation that would do just the opposite.


Mandatory minimum sentences have already been tried in the U.S. to disastrous outcome. Harper is determined to take Canada down that same road to certain, (and very expensive) failure.

This despite...

A) the fact that Justice Minister Rob Nicholson once rejected mandatory minimum sentences (MMS) using the same reasoning as those who are now opposing their introduction in Bill C-15!

B) the justice department already did a study of mandatory sentencing and concluded that MMS do not deter crime or increase public safety -- which is what this bill is claimed to address.

C) the majority of expert witnesses who testified before the Senate C-15 Ctte said it was a step in the wrong direction.


Don't rely on Conservative talking points for your facts. You will be misled if you do.

WATCH VIDEOS OF EXPERT TESTIMONY from the Senate Committee and then JUDGE FOR YOURSELVES...

***
http://www.youtube.com/user/CannabisFactsForCdns
***


Suggested witness testimony:

1) Eugene Oscapella – Ottawa lawyer and founder of Canadian Foundation for Drug Policy, http://CFDP.ca
http://www.youtube.com/watch?v=CnKccUTyE_M


2) David Bratzer – an active duty police officer in Victoria, BC, and a member of Law Enforcement Against Prohibition (LEAP)
http://www.youtube.com/watch?v=173LZbyWCOU



3) Craig Jones – Exec Dir., John Howard Society
http://www.youtube.com/watch?v=P0mQ8m-0Xqg


4) Kirk Tousaw – Lawyer and Executive Director of the Beyond Prohibition Foundation.
http://www.youtube.com/watch?v=1269_doTXQk


5) Dr. Gabor Maté (a Vancouver physician) & Wayne Skinner, CAMH
http://www.youtube.com/watch?v=-K3V82ly82E


Info resources for Bill C-15
http://www.cannabisfacts.ca/mandatoryminimums.html

Transcripts of the hearings:
http://www.cannabisfacts.ca/SenateCtteeMtgs_BillC-15.html


-FrankD