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Pubdate: Fri, 11 Nov 2005 Source: Kelowna Capital News (CN BC) Copyright: 2005, West Partners Publishing Ltd. Contact: http://www.kelownacapnews.com/ Details: http://www.mapinc.org/media/1294 Author: Marshall Jones Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) FACTS DON'T SUPPORT CRIME FEARS The Conservative Party of Canada chose to bring its justice critic to Kelowna, a city that has been fighting an uphill battle against crime and one of the few places in the country where crime has actually increased. Vic Toews, former attorney general for Manitoba, used extreme examples of conditional sentences, crime rates, victims and innocents. He talked about studies, used buzz words like terrorism and his own anecdotes to create the idea that crime is on the rise everywhere. "It seems that everyday in the newspapers we are reading about more bad news, more crime in our communities," he said. "In Canada, we think we don't have the crime and crime rates (as they do in America) but it is becoming very clear we can no longer be complacent in the face of rising crime levels in Canada and in B.C. in particular." The problem is that just isn't true. According to a July 2005 report from Statistics Canada, the national crime rate fell one per cent in 2004. It has fallen every year but one since it peaked in 1991 and is 12 per cent lower than a decade ago. Crime rates are notoriously difficult to interpret and Toews admitted as much. He noted that while government statistics show that violent crime has also dropped, the number of homicides increased 12 per cent over 2003. He failed to mention that in 2003 the rate was at a 36-year-low. There were 622 victims of homicide in Canada in 2004. Toews challenged the common belief that stiffer sentences have no deterrent value. "Why then in Lower Mainland B.C. do we have 8,000 to 10,000 grow ops and meth and other labs and across the border in the U.S. there are virtually none," he said. Again, not true. Police in the city of Coeur d'Alene, Idaho, were recently quoted in a national magazine as being too busy busting three meth labs a week to pay much attention to B.C. marijuana coming across the border. Many of Toews's exaggerations were exposed at the forum itself by Kelowna lawyer Bill Clarke. Clarke was heckled several times by the law and order crowd but asserted that Canada already has mandatory minimum sentences for some offences. Toews talked about judges issuing conditional sentences-those served in a person's own home-being used for violent rapes and drug trafficking like they were common. Clarke said those were the extreme exceptions in law. "It was said today that drug traffickers are given conditional sentences," Clarke said. "I am trying to remember the last time a drug trafficker in Kelowna got a conditional sentence or house arrest. Drug traffickers go to jail." He said mandatory minimum sentences raise more problems than they solve. Clarke said he spoke with lawyers in California which has a three-strikes-and-you're-out legislation famous for locking a man away for 20 years for stealing a chocolate bar on the third strike. Clarke said criminals on their third strike have learned to kill all witnesses to avoid a life sentence they know is coming if they're caught. - --- MAP posted-by: Larry Seguin