by Kyle Wells [email protected] Recently, the federal Conservative party introduced new crime legislation set to increase minimum and maximum sentences, alter house arrest and probation and change other aspects of Canada’s Criminal Code.
Bill C-10, being called the omnibus crime bill or the safe streets and communities act, is a collection of nine bills previously introduced in legislature that did not pass before the election.
The bill proposes new mandatory minimum sentences for a variety of drug, sex, and violent offences, along with stiffer maximum sentences for crimes involving drugs and sexual assaults involving children. The bill also proposes to limit house arrests for certain offences and eliminate pardons for many serious crimes.
Young offenders are also a target of the legislation, which will increase penalties for minors who commit serious crimes and in certain cases lift the publication bans for young offenders.
Other changes, such as involving families and victims more in the parole process and changes to immigration to address the exploitation of foreign workers, are also included in the bill.
West Vancouver-Sunshine Coast-Sea to Sky Country MP John Weston said that from speaking with Canadians he believes this bill reflects a common desire to improve the security, health and well being of the country. He said the bill will help to balance victims’ rights with those of criminals.
Hundreds of Sunshine Coast residents signed a petition in favour of an earlier bill, now included in the new one, proposing victim involvement in parole hearings, said Weston. Weston said he has also heard from his constituents a strong desire to put away sexual offenders and increase protection of young people.
Weston wanted to highlight the compassionate aspects of the bill, such as components that promote drug addiction rehabilitation over jail terms.
“I think it’s great that the bill reflects that compassionate side,” said Weston. “Overall, the bill, I think, captures the community spirit of trying to make our communities safer and restoring that balance in favour of victims.”
David Garling, a Powell River defence lawyer, said he believes the legislation to be misguided in its approach to dealing with crime. While he agrees that these are all areas of crime that need to be dealt with, he believes the emphasis of the bill is wrong.
“It seems to be part of a mentality that says millions of dollars are better spent locking people up than trying to intervene at an early stage in their dysfunction,” said Garling. “I kind of lean into the camp that says you should have more and better treatment centres for people fighting drug addictions rather than longer and longer jail sentences.”
Garling sees the bill as a general, and concerning, move away from due process. He understands that people are upset with crime in society but does not believe taking away judicial powers is the answer. Stiffening minimum penalties, in Garling’s opinion, takes away a judge’s ability to appropriately sentence criminals on a case-by-case basis and limits the use of alternative rehabilitative punishments, such as house arrest and parole.
“This doesn’t work,” said Garling. “It gets votes. It’s popular with people who are fed up and frustrated and want to be seen to be doing something, but it really doesn’t affect crime.”
Conservatives estimate implementation of the bill, should it pass, to cost $78.6 million over five years.
