Pubdate: Wed, 21 Sep 2011
Source: Ottawa Citizen (CN ON)
Copyright: 2011 The Ottawa Citizen
Contact: http://www.canada.com/ottawacitizen/letters.html
Website: http://www.canada.com/ottawacitizen/
Details: http://www.mapinc.org/media/326
Authors: Tobi Cohen, Jason Fekete, and Douglas Quan
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

BATTLE BEGINS OVER TORIES' CRIME BILL

Stats Show Offences Down, Critics Say

A sweeping omnibus crime bill tabled Tuesday that seeks to crack down 
on young offenders, drug dealers, sexual predators and Canadians in 
foreign prisons is under fire from critics -- who argue it's a waste 
of time and money since crime rates are on the wane in Canada.

The bill, dubbed the Safe Streets and Communities Act, comprises nine 
individual justice bills that died during the previous parliamentary 
session because the then-minority Tory government could not push them through.

Justice Minister Rob Nicholson said the new legislation will include 
measures to protect children from sexual offenders by setting 
mandatory minimum penalties, will target organized drug crime and 
crack down on young offenders.

The legislation also will take away the option of house arrest for 
those who have been convicted of serious violent and property crimes, 
such as sexual assault, human trafficking, arson, child-luring and 
kidnapping, he said.

Meanwhile, electronic privacy advocates expressed relief that the 
bill did not include measures to allow for greater spying of people's 
online activities, saying the omission gives them time to press for 
fuller debate on the issue.

"I take this as a positive, that even if (Prime Minister Stephen 
Harper) is going to reintroduce this, he'll allow Canadians to debate 
it," said University of Toronto law professor Lisa Austin, who joined 
a coalition of academics and advocacy groups last month in sending an 
open letter to the prime minister expressing concerns about the 
proposed "lawful access" measures.

Besides boosting online surveillance capabilities and powers to 
intercept communications, other measures that the government has said 
it wants to introduce include toughening sentences for people who 
commit elder abuse, improving the efficiency of complex trials and 
broadening citizen-arrest powers.

Currently, citizens can only arrest lawbreakers if they are caught in 
the act of committing an offence. The Harper government has said that 
it wants to make the law less restrictive. Critics are worried such 
measures could encourage vigilantism. The government promised action 
after a Toronto shopkeeper, David Chen, was charged with assault and 
forcible confinement after he and two of his employees confronted a 
thief, tied him up and threw him into the back of a van. Chen was 
later acquitted of the charges.

In recent weeks though, the law-and-order issue that seems to have 
generated the most heated debate is electronic surveillance. "There's 
this belief that if we have access to everything, we'd catch all the 
bad guys. It simply doesn't work that way," said Valerie Steeves, a 
professor of criminology at the University of Ottawa. "What disturbs 
me is once you get warrantless access to my identity online, you've 
crossed that line."

The opposition has promised to oppose the bill. With their Commons 
majority, however, the Conservatives no longer need the opposition's support.

NDP justice critic Joe Comartin said that the bill focuses on 
incarceration rather than crime prevention.

" The evidence generally was overwhelmingly opposed to most of this 
legislation and the witnesses who came forward pointed out the faults 
and the frailties of the approach that they're taking," Comartin said.

Interim Liberal leader Bob Rae slammed the legislation, suggesting 
the government is taking Canada in an "ideological direction" that 
has more to do with its "obsession" with the "symbolism" of 
denouncing crime than with actually improving public safety.

[sidebar]

Bill highlights

The Safe Streets and Communities Act tabled Tuesday would:

- - Increase minimum sentences for sexual offences against children to 
one year from 45 days in prison for indictable offences and 90 days 
from 14 for summary convictions. The bill also sets minimum sentences 
for incest, bestiality and child pornography.

- -Create two new offences: providing sexually explicit material to a 
child for the purpose of engaging the child in a sexual offence, and 
using the Internet, or any other telecommunication device, to arrange 
a meeting with a child to commit a sexual offence.

- - Set a minimum sentence of one year in prison for those convicted of 
drug trafficking and who are tied to organized crime, are repeat 
offenders or who used violence during the commission of the offence. 
The minimum sentence becomes two years for trafficking drugs on or 
near school grounds or other public places frequented by children. 
Importing drugs will also carry a one year minimum sentence.

- - Double the maximum sentence for marijuana production to 14 years 
and impose a minimum six month sentence for the production of between 
six and 200 plants. Minimum sentences increase depending on the 
number of plants involved and whether there is intent to traffic.

- - Date rape drugs and amphetamines would become Schedule I drugs, 
resulting in higher maximum penalties when used in the commission of an offence.
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MAP posted-by: Jay Bergstrom