Pubdate: Thu, 29 Sep 2011 Source: Times & Transcript (Moncton, CN NK) Copyright: 2011 New Brunswick Publishing Company Contact: http://timestranscript.canadaeast.com/onsite.php?page=contact#B Website: http://timestranscript.canadaeast.com/ Details: http://www.mapinc.org/media/2660 Author: Craig Babstock N.B. BACKS OTTAWA'S CRACKDOWN ON CRIME Justice Minister Says Federal Tough-On-Crime Measures Are 'Positive' New Brunswick Justice Minister Marie-Claude Blais supports the tough-on-crime stance being adopted by her federal counterparts in a new crime bill. "There's been a lot of talk about the changes (and whether or not) they're proper, but the goal is something we support," says Blais. "That goal is to strengthen laws, deter crime and help victims." The federal government introduced the new crime bill last week and hope to have it passed in the House of Commons in the next few months. Moncton-Riverview-Dieppe MP Robert Goguen, Parliamentary Secretary to the Minister of Justice, told the Times & Transcript last week the bill is designed to target the most serious offenders in society, including drug producers, people involved with organized crime and those who sexually abuse children. The proposed changes to the Criminal Code will increase penalties for drug production and sex offences and also remove house arrest as an option for some crimes. The act includes many tough-on-crime measures, including increasing the minimum sentence for sexual offences against children from 45 days in jail to one year for indictable offences and from 14 days to 90 days on summary convictions. People convicted of drug trafficking who are connected to organized crime, repeat offenders or people who used violence during the commission of an offence face a minimum of one year in prison, drug importers face a minimum sentence of one year and anyone trafficking drugs on or near school grounds or other public places where children are found is looking at two years in prison. The maximum sentence for marijuana production will be 14 years under the act and there will be a minimum sentence of six months for the production of between six and 200 plants. The minimum sentence increases depending on the number of plants involved and whether there is intent to traffic. Serious crimes including sexual assault, human trafficking, arson, break and enter, child-luring and kidnapping would not be eligible for conditional sentences with house arrest and the protection of society would become more of a consideration in the sentencing of violent and repeat young offenders. Crime victims would also have the right to more information about offenders, such as where they're incarcerated and what programs they're taking. Blais says the idea of taking a harder line with organized crime, the drug trade and people who victimize children is easy to get on board with. "I only see that as a positive," says the minister. Blais says people might tend to think the most serious crimes don't occur here, but she points out that Moncton recently made the national news after a resident pleaded guilty to possessing millions of child sexual abuse images. He's scheduled to be sentenced next month. "Those victims are being victimized not once but many times," she says, alluding to the fact police say the sex abuse images were being traded on the Internet in this particular case. Some critics of the federal crime bill say minimum sentences with jail terms take away a judge's discretion when deciding the appropriate sentence in each case. "Judges will have to follow the Criminal Code as it will be in the future," says Blais. But she adds that the new rules don't just take away from judges' ability to craft a sentence, because they also give them more tools to hand down tougher sentences. "We have been hearing from judges concerned about how low the sentence is for certain crimes," says the minister. Some local lawyers have told the Times & Transcript they believe the new crime bill could make courts across Canada busier once the new laws are in place. With more minimum sentences requiring jail time, tougher sentences overall and conditional sentences with house arrest no longer an option for certain crimes, the defence will have less incentive to bargain in an attempt to resolve the case prior to trial. If a guilty plea means a person is going to jail, the accused will be more inclined to take his chances at trial. Blais says there's no way to predict if that will be the outcome. "We don't know for now," she says. Blais says while some people may criticize the new federal bill, the results of the last election made it clear where the majority stands on the issue. "The government was given a clear mandate in May to move forward with this bill," she says. Whether or not the new crime bill makes life busier in New Brunswick courts, things are already busy. Last week the Department of Justice said that, on average, provincial court trial dates are being set for January or February - depending on how many days are required and how complicated the matters are - while a Fredericton-based judge said she's setting trial dates for April and May. Also, the provincial court currently has five judge vacancies, due to a combination of retirements and judges going supernumerary. "Within our system there are pressures, and we're looking at how to alleviate those," Blais says, adding staff tries to make sure the daily caseloads of judges are manageable. Every provincial government department trying to find ways to save money and justice is no different. "We'll work within our budget," she says. - --- MAP posted-by: Richard R Smith Jr.