Pubdate: Sat, 10 Sep 2011
Source: Prince George Citizen (CN BC)
Copyright: 2011 Prince George Citizen
Contact:  http://www.princegeorgecitizen.com/
Details: http://www.mapinc.org/media/350
Author: Mark Nielsen

TORY SENTENCES DON'T WORK WITH FASD: JUDGE

A Prince George provincial court judge raised concerns about federal
government plans to broaden the range of crimes for which minimum
mandatory sentences would be imposed while speaking Friday at an
awareness event for fetal alcohol syndrome disorder (FASD).

Judge Randy Walker argued mandatory sentences do not work particularly
well when applied to people with the ailment.

He said such people have trouble with cause and effect and often have
a need to please others and seek approval at any cost and are often
targeted by criminal gangs in this city to deliver and sell illicit
drugs.

He painted a scenario in which a young man with the ailment is caught
selling a small amount of crack cocaine to an undercover RCMP officer
near a school and is brought before the court.

"Say for instance, this man has had a few brushes with the law but not
many," said Walker. "I am required, if this new law is passed to send
him to a penitentiary for two years."

Walker stressed his concerns are his own opinions and not that of the
provincial court generally and added that he had no trouble with
mandatory minimum sentences for firearms-related offences.

But Walker also said mandatory sentences "tell us we no longer have
punishment that suits the cirme" and argued that people with FASD are
"terribly vulnerable" and would become "easy targets" for hardened
criminals once behind bars.

Reached Friday, Dick Harris, the Conservative MP for Cariboo-Prince
George countered that courtrooms and prisons have become "revolving
door" of offenders committing a crime, getting a "slap on the wrist"
and then going back out to commit another crime.

And he said mandatory sentencing, when it comes to drugs, will not be
for the smalltime dealer.

"We're talking about the bad guys who are leading the charge in the
distribution of drugs and-or the ones that are caught selling drugs to
school kids," Harris said. "These are the folks we want to get off the
street."

He characterized FASD as a sickness with a root cause and could see
where some may think mandatory sentences for such people may be too
harsh but added that if that's the case, then maybe there should be
mandatory treatment.

"And that's a big flaw in our justice system - we can't force anybody
to take treatment if they have an alcohol or drug problem," Harris
said.

He said the federal government has a responsibility to keep families
and communities safe from people who are committing crimes.

"And we've seen what's happening in Prince George and other
communities, where we're seeing a repeat of the same people appearing
in court on criminal charges on almost a regular basis because they've
been told 'you're staying in,'" Harris said.

Walker made his comments while speaking at South Fort George Family
Resource Centre.
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