Pubdate: Thu, 22 Nov 2007
Source: Ottawa Sun (CN ON)
Copyright: 2007 Canoe Limited Partnership
Contact:  http://www.ottawasun.com/
Details: http://www.mapinc.org/media/329
Author: Greg Weston
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

TORIES INVEST IN D&D

In an effort to change the channel from the revolting Taser death of
Robert Dziekanski at the hands of the RCMP, the Conservative
government has rolled out three consecutive days of crime-fighting
announcements.

Judging by the public furor over the Dziekanski tragedy, the Polish
immigrant's fatal 50,000-volt police welcome to Canada didn't exactly
leave average folk yearning for more law-and-order this week.

No matter. Stephen Harper's spin department apparently couldn't wait
to roll out the Conservatives' new mantra for all things crime and
punishment -- "deterrence and denunciation."

A justice department background document defines deterrence as
sentences that discourage "the offender and others from engaging in
criminal conduct."

Denunciation is another element of sentencing that reflects "society's
condemnation of the offence."

Young offenders, drug dealers and identity thieves are among those
that the latest Conservative initiatives promise to deter and denounce.

Some of the changes are worthwhile. Others not so much.

It seems simple common sense, for instance, for authorities to be able
to keep under-age psychos and repeat young offenders locked up pending
trial.

Similarly, some of the proposed changes announced this week are needed
to help police and the courts deal with the exploding problem of
identity theft that is helping to make Canada among the fraud capitals
of the world.

Unfortunately, on the issue of dealing with drug crimes, the
Conservatives have once again opted for populist politics over
effective public policy.

The proposed changes would impose mandatory minimum prison sentences
for "serious drug crimes" such as large-scale trafficking, pushing
narcotics to kids, and running grow-ops.

The official justice department bumpf proclaims: "The proposed reforms
will target drug suppliers, and will send a signal to growers and
traffickers that this illicit activity will not be tolerated,
especially when it involves Canada's youth."

Perhaps. But whatever message the Conservatives may be sending to the
streets, it isn't likely to make them much safer from the scourge of
drugs.

First, we are not talking minimum sentences to lock 'em up and throw
away the key. Far from it.

The proposed new laws would impose minimum jail terms of from one to
two years, plus another year or two for "aggravating factors" such as
trafficking with the use of weapons or as part of organized crime.

Fact is, most judges already operate within sentencing guidelines that
are at least as onerous as those being proposed, if not more so.

Serious drug trafficking can already mean life imprisonment, and that
would not change under the new laws.

While the occasional spectacular case of leniency in a drug case makes
headlines, rare is the pusher who gets off without jail time for
selling heroin in the schoolyard.

The Conservative measures promise to take direct aim at druggies
involved with organized crime.

One criminal court judge tells me that if the new minimum sentencing
laws were to have any deterrent effect at all, "it might be to scare
off some of the small players (in the drug trade), and therefore
actually be a bonus for organized crime.

"And trust me, organized crime doesn't give a damn about penalties."
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MAP posted-by: Richard Lake