By Joe Johnson (The Cascade) – Email
Print Edition: March 21, 2012
The Canadian government finally came through with their promise. The very publicized and controversial omnibus crime bill, “Safe Streets and Communities Act,” made its way through the House of Commons just days before Prime Minister Harper’s 100 sitting days declaration was about to expire.
The passing of the bill was a given, considering the Conservatives hold a majority. Nevertheless, the final count to put the bill through was 154 to 129.
Ed Fast, MP for Abbotsford, Minister of International Trade, and the Minister of the Asia Pacific Gateway, had this to say to The Cascade, “I am very pleased that our Conservative government has finally been able to pass its comprehensive crime bill. We have re-balanced our criminal justice system to return the focus on the victims of crime and potential victims of crime.”
Contained in the omnibus bill is a collection of nine smaller bills that had previously failed to pass when the Conservatives governed with a minority government.
A few of the larger points that were encompassed are the mandatory minimum sentences—which will see the growth of as little as six marijuana plants be included, a doubling of the maximum jail time for the production of schedule II drugs, extended maximum sentences for child predators and sex offenders, and a change to the leniency of the pardon system—now referred to as “record suspensions.”
Other changes will include a greater chance of youth crimes being considered adult along with name bans becoming easier to lift, a limitation on a judge’s ability to grant house arrest, crime victims will have a greater say in parole decisions, terrorism victims will be granted the ability to sue those responsible, and there will also be changes to the decision process of international prisoner transfers, as well as greater protection for foreign workers.
Fast addressed what a few of these laws, with drugs in particular, will mean to BC.
“We believe that the protection of the public, and not the rights of violent and prolific criminals, should be our top priority. In BC, the production and distribution of illegal drugs has increased dramatically, resulting in increased gang violence. By cracking down on drug traffickers rather than on recreational drug users we are making the streets of our communities safer places in which to live work and raise families.”
Regarding the stronger sentences for child sex offenders, Fast commented, “We have also toughened up prison sentences for those who sexually assault children and those who use and distribute child pornography. That is the least we can do for the most vulnerable in our society.
“At the same time, our legislation also recognizes that rehabilitation of drug users needs to be part of the solution. That’s why our legislation also allows a judge to suspend the prison sentence for trafficking of a drug addict who satisfactorily completes an appropriate drug rehab program.”
Of course, the bill still needs to clear the Senate before it can be ratified – which is where it’s at now. However, with the Senate also largely Conservative, it is expected that it will go through rather quickly.
While the bill is something that the Conservative party feels passionately about, it has also received considerable criticism
Some have said that parts of the bill suffer from little to no previous review, meaning that the measures may not adequately address the needs. Other aspects that were reviewed, and had recommended changes, did not actually see those alterations implemented.
Another cited problem is how it fails to address the underlying roots of crime, while maintaining a narrow focus on increasing our number of prisoners.
There’s also the displacement of those sentenced who may be moved into prisons far from their families. People living in remote areas of the country, such as aboriginal Canadians, will be mostly affected by this.
Of course, the mandatory minimum sentences are also a hot topic as opponents to the bill cite how these sentence types have failed elsewhere, such as in the United States.
And now with the Canadian government having done its part with the legislation, it’s left up to the provinces on how to implement and pay for the bill – creating another point of contention. The most vocal province has been Quebec, where they’re going so far as to openly imply that they’ll act on weakening the various provisions.
“Although to address the provincial concerns, the federal government will work alongside them,” Fast said.
“As for how the province will adapt to the enactment of the provisions of the bill, we will work closely with the province to ensure that the aims of our legislation are achieved.”
How things will play out in the adoption of the bill by the provinces, how it’s adapted to by the courts, and what direction it will steer Canadian law, will all come to fruition in due time.
