The Conservatives are expected to pass their controversial omnibus crime bill
this week, the first in a series of anti-crime measures the majority government
of Stephen Harper has vowed to introduce.
Bill C-10, formerly known as the Safe Streets and Communities Act,
encompasses several different pieces of legislation.
Opposition parties, professionals working within the corrections and justice
systems, the Canadian Bar Association and various other interest groups have
raised wide-ranging concerns about the legislation. Below is an overview of some
of their objections.
Violate
provisions of the Charter of Rights and Freedoms and open up the government to
legal challenges on grounds that the sentencing rules violate certain rights
that offenders have under the Charter, such as the right to liberty, the right
not to be subjected to cruel and unusual punishment and the right to equal
protection and benefit of the law.
2. Mandatory Minimums - What's The Point?
Have little rehabilitative effect on offenders and rather leave them more, not
less, likely to re-offend. Critics point to numerous studies showing harsher incarceration laws do not have a deterrent effect on criminals or lower crime rates.
3. Mandatory Minimuns: Over-Punish Drug Offenders
Disproportionately punish small-time drug offenders and have limited effect on the drug producers, organized crime bosses and serious drug traffickers the government says it wants to target
.
4. Mandatory Minimums - Make Judges Less Powerful
- Remove judges' discretion to tailor sentences to the specifics of a particular
case and offender and force them to apply blanket, one-size-fits-all sentences
regardless of circumstances
- Limit the use of alternate sentencing
measures of the type currently applied to aboriginal offenders.
5. Mandatory - Minimums: Over Crowding
Lead to overcrowding in prisons.
6. Mandatory Minimums - Higher Costs
Increase the costs of prosecuting and incarcerating offenders and leave fewer funds for rehabilitation programs.
7. Mandatory Minimums
By far the most criticized aspect of the bill is the introduction of mandatory jail sentences for certain crimes including, drug trafficking, sex crimes, child exploitation and some violent offences. Opponents of the
measures have argued that this type of sentencing has been tried in other
jurisdictions, most notably in the U.S., and has created more problems than it
has solved.
Critics say that coupled with other changes in the bill,
such as increases in the maximum sentences handed down to some drug offenders
and sexual predators and elimination of conditional sentences in some cases,
mandatory minimums will burden Canada's prison and court systems in ways that
are unfeasible, untenable and have little benefit.
8. Fewer Conditional Sentences - More Trials And Hearings
- Lead to more trials as those accused of crimes will be less likely to plead
guilty if they know there is no chance they will get a conditional sentence and
will be more likely to take their chances on a trial. Some have predicted this
will lead to greater backlogs in an already backlogged court system.
-
Result in more parole hearings. Page's analysis predicted that with the increase
in the number of incarcerations, there will be more offenders coming up for
parole, which will increase costs for federal and provincial parole review
boards. A single review by the Parole Board of Canada costs an estimated $4,289,
Page estimated.
9. Fewer Conditional Sentences - Spike Costs
Cost the federal and provincial justice and corrections systems millions of
additional dollars a year. The parliamentary budget officer, Keven Page, has estimated that the average cost per offender will rise from approximately $2,600 to $41,000 as a consequence of the as a consequence of the
elimination of conditional sentences.
10. Fewer Conditional Sentences
The legislation
will eliminate conditional sentences, those served in the community or under
house arrest, for a range of crimes, including sexual assault, manslaughter,
arson, drug trafficking, kidnapping and fraud or theft over $5,000. It will also
eliminate double credit for time already served.
11. Young Offenders - Forget Rehabilitation
The changes shift the emphasis of the Act from rehabilitation to "protection of
society," which critics say will put the focus on punishing young offenders
rather than steering them away from a life of crime. Quebec, in particular, which prides itself on the success of the rehabilitative aspects of its youth justice system, has argued for stronger language prioritizing rehabilitation.
12. Young Offenders - Minorities Will Take The Brunt
As with other parts of the crime bill, critics says harsher sentencing rules and
increased emphasis on incarceration will disproportionately affect aboriginal and black black Canadians, who
are already over-represented in the criminal justice system.
13. Younger Offenders - Stiffer Sentences
Stiffer, longer sentences will turn young offenders into hardened criminals and undermine any potential for rehabilitation.
14. Young Offenders - Naming Names
The publication of names of some young offenders will unjustly stigmatize them for life. Quebec has asked that provinces be allowed to opt out of this provision.
15. Harsher Sentences For Young Offenders
Changes to the Youth Criminal Justice Act will impose tougher sentences for
violent and repeat young offenders, make it easier to keep such offenders in
custody prior to trial and expand the definition of what is considered a
"violent offence" to include "creating a substantial likelihood of causing
bodily harm" rather than just causing, attempting to cause or threatening to
cause bodily harm.
The new legislation will also require the Crown to
consider adult sentences for offenders convicted of "serious violent offences"
and require judges to consider lifting the publication ban on names of offenders
convicted of "violent offences" even when they have been given youth sentences.
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