Canada’s Justice System is Criminal
August 23, 2010 | Author: Rod Taylor |
"Because the sentence against an evil deed is not executed quickly, therefore the hearts of the sons of men among them are given fully to do evil." (Ecclesiastes 8:11, NASV.)
One of the valuable constructs of a civil society is the system of laws, morals, traditions, rewards and punishments by which it deals with its uncivilized members. Agreeing upon standards is what we call "lawmaking." It's much easier, of course, if we first agree that there is a transcendent set of principles which is the foundation for all man-made laws. The CHP endorses this historical basis for British Common Law, but that debate is beyond the scope of this article. The issue we would like to briefly address here is the search for tools by which laws can be enforced or upheld. Canada has a "rule of law" and an enforcement system, including the police (who enforce the law), the courts (which ought to adjudicate according to the law as they find it written), and a range of consequences meted out to those found guilty (prison time, community service, fines, shaming, or nothing at all). One way to judge the merits of the system is to measure its effectiveness. Do Canadians feel safer now than they did in the past? Stockwell Day recently received flak from the opposition for challenging the glib media assertions that the crime rate has gone down (based on StatsCan's Police-Reported Crime numbers and Crime Severity index). While the Conservative's proposed solution to spend $8 billion to build more prisons is faulty, it seems that Stockwell Day was absolutely correct in his opinion that a large number of crimes go unreported. The Statistics Canada report, "Criminal Victimization in Canada, 2004," warned that two-thirds of crimes are not reported to police—including "88 per cent of sexual assaults." Criminal Victimization Surveys are currently conducted in Canada every five years. "StatsCan victimization surveys show that only 34 per cent of crime—around one-third—is reported to police, so using this to define 'crime rates' is simply inaccurate," says Bernie Magnan, chief economist for The Vancouver Board of Trade. There's something seriously wrong with a 'justice' system where two-thirds of victims don't have enough faith in the system to report the crimes. As to the severity of crimes, most Canadians would be shocked to know that StatsCan assigns a value to each crime, based on the length of prison sentence. Since sentences for violent crimes have been getting shorter and actual time spent behind bars is often only a fraction of the sentence, this affects the statistical reporting on crime in Canada. Thus the severity index seems to be going down while all around us hoodlums and vandals terrorize neighbourhoods and damage and destroy property. First, we need serious and appropriate consequences for violent and sexual crimes. Secondly, the process of trial and sentencing must be streamlined to reduce costs, to accelerate the demands of justice, to provide timely deterrence and to restore confidence in the public justice system. Public safety and effective deterrence must be our number one priority. There are hundreds, perhaps thousands, of examples of inappropriate sentences, but two for comparison should suffice. Karla Homolka, after lying in her plea-bargain, spent a mere 12 years in jail for her part in the brutal murder of three young women. Vince Li, perpetrator of the brutal Greyhound bus murder and act of cannibalism, was found not criminally responsible for his crime, and after two years, has been offered escorted walks around the grounds of the Selkirk Mental Health Centre. Despite public outrage and fear, no fence will be constructed at the Centre, and the walks will proceed. As so many have pointed out, the "revolving door" justice system does not protect us. But the Tory government plan to spend $8 billion on new jails will not provide the needed solution. The CHP's "Restitution and Public Safety" policy would empty more than half the jail spaces and compel non-violent criminals to pay restitution to their victims. The emphasis in sentencing for non-violent crime must be that crime does not pay. This would open more than enough jail space for the violent criminals where a sentencing structure that made eventual release dependent on proven repentance would prove much more successful. Voluntary reformation is proven to reduce recidivism. The issue of restoring justice to our courts and public life is broad, complex and necessary. But there are better, more effective ways to meet these challenges, make Canada safer, and improve the life outcomes for those who may find themselves on the wrong side of the law. For Better Solutions, visit chp.ca.
Other Commentary by Rod Taylor:
- Trans-Liberals and the Floor-Crossing Olympics
- Losing a Battle and Carrying On
- The Snare Is Being Set
- C-9 Threatens to Destroy Our Freedom
- A Lament for Tumbler Ridge
- EV Rebates Are Just Taxes in Disguise
- Another Conservative Convention, Another Failed Attempt to Make the CPC Pro-Life
- Government Tries to Claw Back the Borrowed Money It Imprudently Gave Away—$10 Billion and Counting…!
- New Year, New Opportunities!
- Christmas Greetings From the Leader
- Pipeline or Pipe Dream?
- Olympic Political Games