GET-TOUGH-ON-CRIME LEGISLATION A PRIORITY FOR PM

Challenges Opposition To Pass Measures That Did Not Survive Previous Session

OTTAWA/EDMONTON - New legislation to fight crime and terrorism will
be a prominent part of the government's agenda in the coming session
of Parliament and could precipitate an election if the Conservatives'
aggressive justice strategy proves unpalatable to the opposition parties.

The opposition parties were challenged in Tuesday night's throne
speech to help pass an omnibus "Tackling Violent Crime" bill that, at
a single legislative stroke, would contain measures that did not
survive the previous session of Parliament.

Raising the age of sexual consent, increasing penalties for impaired
drivers, toughening bail provisions and imposing mandatory prison
sentences on gun crimes are all measures that would be rolled into a
single bill. It would be introduced in Parliament "immediately," the
throne speech said.

The opposition's failure to pass these measures last winter was "not
good enough to maintain the confidence of Canadians," said the
speech, read in the Senate chamber by Gov. Gen. Michaelle Jean.
"Canadians expect prompt passage of this crucial legislation."

The speech also included a vow to reintroduce controversial security
certificates, a lapsed anti-terror measure that lets the government
easily detain non-citizens suspected of terrorist links.

The certificates were ruled unconstitutional by the Supreme Court of
Canada and became the subject of a stormy political debate in the
Commons last winter.

The Conservatives have vowed to bring them back. In Tuesday's speech,
the government said it would do so in a way that satisfies the
concerns of the country's highest court.

As part of what it calls a "safer communities strategy," the
government also said it intends to toughen the Youth Criminal Justice
Act, "to ensure that young offenders who commit serious crimes are
held accountable to victims and their communities."

The speech also revealed that the government is planning new
initiatives on dealing with elder abuse and curbing identity theft,
as well as awarding police new powers to deal with drug dealers.
Funds were also pledged for the recruitment of 2,500 new police officers.

"Canadians feel less safe today and rightly worry about the security
of their neighbourhoods," the speech said. "There is no greater
responsibility for a government than to protect this right to safety
and security."

But the president of the Edmonton Criminal Trial Lawyers Association
said Ottawa's aim is off in its proposed methods to reduce gun crime.

Instead of the throne speech's push for more mandatory sentences,
Brian Hurley said the emphasis should shift to cutting off gun sources.

"You would think if they were championing even more mandatory
minimums they might produce some information that the mandatory
minimums that have been around for a number of years have had an
effect," Hurley said.

He said there are a range of mandatory sentences on the books for
various gun crimes.

Mandatory sentences already on the books include a four-year minimum
for death involving a gun, whether manslaughter or criminal
negligence. Robbery with a firearm also carries a four-year minimum.

If those penalties have worked, the government should release a study
showing their effectiveness, Hurley said. "I can only assume that the
lack of coherent information to show this is working suggests they
probably don't have that information."

When Parliament was prorogued, a bill was before the Senate to
increase minimum penalties against gun offenders. That proposal,
along with other bills before the Senate and the Commons, died on the
order paper.

Hurley said Prime Minister Stephen Harper should instead work to cut
off the import of guns from the United States, get tough on people
who sell guns and limit gun ownership.

In contrast, the throne speech says the government will again ask
Parliament to repeal what it calls the "wasteful" long-gun registry.
A bill to abolish the gun registry was among other proposals that
died when Parliament was prorogued.

A bill to increase penalties against impaired drivers also died. The
throne speech revives the prospect of tougher sentences, promising to
reintroduce the impaired-driving measures among other steps against
violent crime.

Hurley said studies have repeatedly shown that stricter penalties
against drunk drivers don't work. He said Australia has found a way
that does -- increased policing and public-awareness campaigns.

"The government knows what works and instead they impose punitive
sanctions because they think they will please the electorate and
garner more votes, rather than creating safer streets."