Pubdate: Thu, 20 Jul 2006 Source: Smithers Interior News (CN BC) Copyright: 2006, BC Newspaper Group Contact: http://www.interior-news.com/ Details: http://www.mapinc.org/media/1631 Author: Thom Barker and Ryan Jensen IS SMITHERS STILL B.C.'S CRIME CAPITAL? The release of the Solicitor General's 2005 Municipal Crime Rate Report tomorrow has some elected officials, including Mayor Jim Davidson, bracing themselves. The 2004 report released last summer indicated Smithers had the highest crime rate in the province for three years running and prompted Davidson to call for community action in his November inauguration speech. While Davidson maintains the best long-term solution to crime is building a healthy community, he has long suggested that the revolving door at the Smithers courthouse plays a major role in perpetuating the high number of criminal offences committed in the municipality. "I'd like to see the conviction rates to go along with that," Davidson said in response to a question about the crime rate after last week's regular council meeting. Statistics for 2005 are not currently available, but last fall The Interior News reported that of the 1,571 criminal code offences reported in Smithers in 2004 only 216, or 13.7 per cent, were cleared by charges. Only 168 individuals were charged with crimes. Smithers RCMP Staff Sgt. Rod Holland confirmed it is their assessment the majority of criminal activity is carried out by the same small number of people who keep getting bounced back onto the street by the courts. Despite a public uproar over the crime statistics, a court watch program initiated by Davidson earlier this year to monitor sentencing and repeat offenders in the Bulkley Valley has been met with little or no interest. But recent decisions handed down by Smithers judges have re-ignited the debate about the accountability of the courts. On June 26, Kevin Mark Hamilton, 20, was convicted of possessing a controlled substance for the purpose of trafficking and received a nine-month conditional sentence. For the first three months, Hamilton will be under full-time house arrest in addition to abiding by more than a dozen court-imposed sanctions throughout the sentence. On June XX, a 22-year-old Moricetown man facing trial for aggravated sexual assault, pled guilty to a lesser included charge of aggravated assault and was handed a conditional sentence of two years, less a day, to be served in the community. And on June 28, Charissa Scarrow was convicted of trafficking crystal meth and received a conditional sentence of 4 months with no probation despite the fact that the defence had agreed to 6 months conditional plus 6 months probation. Holland wouldn't go as far as to say police are frustrated with the courts but suggested as much. "You learn to distance yourself from it," he said. "We see it every day, Scarrow is nothing exceptional." Conditional sentencing is relatively new in Canada. Since September 1996, when an offender is found guilty by the courts, in certain circumstances, they may be allowed to serve the sentence in the community. A judge can give an individual a conditional sentence when: the Criminal Code has not set a minimum prison term for the offence; the judge decides the sentence should be less than two years; the judge is convinced that allowing the offender to remain in the community is not a danger to the public; and the judge is convinced a conditional sentence is consistent with the purposes of sentencing in the Criminal Code. Specific conditions, set by the judge, must also be met by the offender. "It's technically a jail sentence that can be served in the community," said Stan Lowe, communications counsel for the Criminal Justice Branch. But Holland said there are virtually no checks and balances on whether or not someone is abiding by the conditions of their sentence. Ultimately, even if a case meets the criteria for a conditional sentence, the judge still has the final say. "The courts are the ones that actually craft the sentences," Lowe said. "There are instances where the need for deterrence is so great you would not be able to [get the desired result] from a conditional sentence and a jail term would be applied." Such was the case for Devin Fuller, a Houston man who was sentenced to Prince George Correctional Centre after a failed bid by his defence lawyer to have him placed under house arrest with his parents. Davidson said despite the lack of interest in his court watch initiative so far, he hasn't shelved it completely. "I still think it is a priority," Davidson said. "I've given it up for the summer, but I still feel this is absolutely terribly important. I think this is simply something we must do but I didn't get enough response." Volunteers in a court watch program would sit in on court cases, keeping an eye out for sentences that may not be in line with the crimes and repeat offenders sliding through the system. Holland said raising public awareness is the first step to accountability. He pointed to Mothers Against Drunk Driving (MADD) as an example of a public awareness campaign that had an effect on the way courts do business. "I was a police officer when MADD became a presence in society and in the courts," he said. "Now, when it comes to impaired driving, the system is pretty accountable." Holland wouldn't speculate on whether a Smithers court watch would have a similar effect on other criminal behaviour but said it's a good first step. "What I would say is that I think it is the duty of each citizen to be aware of the process." As for the sentences being handed out at the Smithers Courthouse, RCMP Sgt. Ray Haugen said once the police have laid charges, it is up to the court system to ensure the proper punishments are meted out. "We have no control over [the sentences] whatsoever," Haugen said. "All we do is provide the information to the Crown counsel's office. They're the authority in British Columbia for charge approval and prosecution. What happens after that is totally out of our hands." "People often get the idea that police are the beginning and end of [the system], but we're just the investigators," Holland said. "We put cases into the big machine and they do what they do." British Columbia Chief Judge Hugh Stansfield admitted that the courts can certainly improve, but pointed out that judicial discretion in handing down sentences is essential to treating the root causes of crime. "It's part of my job to take the heat," Stansfield said, "but I think we somehow have to stop saying 'judges, wave a magic wand and cause people to become cured of their drug addiction' and start saying we as a whole community need to get really serious about the social problems that plague us." - --- MAP posted-by: Richard Lake