CHIEF JUDGE RETURNS DAY'S FIRE

Hugh Stansfield Says Minister Being 'Simplistic' When He Calls for
Longer Sentences for Offenders

The chief judge of the B.C. Provincial Court is firing back at Public
Safety Minister Stockwell Day, saying a recent critique by Day of B.C.
judges is "melodramatic," "simplistic" and "misleading."

In an online commentary made available to his B.C. constituents last
week, Day blasted the province's judges for allegedly handing out
short jail sentences, particularly for repeat criminal offenders.

"Especially in some courts in the Lower Mainland there seems to be a
trend, if not a rule, that the more crimes you get busted for, the
less jail time you get hit with," Day wrote.

He said unnamed B.C. police chiefs have complained to him that many
offenders have been convicted "up to 70, 80 or even 90 times!"

Day wrote that "judges seem to give these prolific law breakers
shorter sentences as they continue to get busted for their car thefts,
home invasions, b and b's (sic), etc."

He said by handing out shorter sentences, judges are allowing convicts
to "cool their heels" in provincial jails rather than federal ones,
where there are more rehabilitation programs for drug addicts.

"I'm sure the sentencing judges think they are doing these serial
offenders a favour by keeping them out of 'the system,'" Day wrote.
"The police tell me they think most judges aren't fully aware of the
programs available in the federal system."

Stung by Day's criticisms, Chief Judge Hugh Stansfield said it's Day
who doesn't understand how the system works.

"If Mr. Day wants to come out and spend some time with me and learn
how the systems works, I'd be delighted to do that," Stansfield said
Tuesday. "But I find his comments unhelpful and misleading."

Stansfield said Day is referring to the particular problem of repeat
criminal offenders -- many of whom are homeless people with mental
illnesses -- who live in Vancouver's notorious Downtown Eastside.

He said Day is wrong to "melodramatically suggest" that a significant
number of offenders have been charged more than 70 or 80 times.

He also said Day is wrong in saying that the more times people get
charged and convicted, the shorter their sentences become. In fact,
said Stansfield, the opposite is true.

He said the criminal records of some repeat offenders may only show
sentences of one or two days but, in fact, many drug addicts in
Vancouver spend 30 to 60 days in detention while awaiting their day in
court. They are, therefore, sentenced to time already served following
their arrests.

What most upsets Stansfield is Day's suggestion that the solution to
Vancouver's drug-and-crime problem is to lock addicts behind bars for
lengthy jail terms.

He said B.C.'s provincial courts handle about 100,000 cases each year.
About 17,000 of those are in downtown Vancouver.

"Downtown Vancouver has the greatest difficulty with chronic
offenders," Stansfield said. "The Downtown Eastside has a significant
population of deep set problems, with mentally ill people who are
often drug addicts, who are living on the street.

"To think that these social problems can be solved by sending people
to jail for longer terms is a really simplistic and unfair approach.

"I don't think it's very helpful to simplify a very, very complex
social problem that requires a response from the whole community."

Even if judges wanted to hand out tougher sentences, they're bound --
as Day should know, said Stansfield -- by a federal law requiring
courts to consider house arrest and other alternatives to prison.

If judges did throw every repeat offender into a federal prison,
Stansfield said there aren't enough prisons to house them all.

"If we start sending more people to jail in B.C. for longer than we do
now, there's going to have to be the political will to spend hundreds
of millions of dollars to build additional jails," said Stansfield.

A spokeswoman for Day said Tuesday that the government "does not
support a revolving door justice system."

"We made clear commitments in our election platform to address the
problem of serious repeat offenders," said Melisa Leclerc. "That is
why we have proposed mandatory and escalating jail time for repeat
offenders."