B.C. SOLICITOR GENERAL BACKS 'THREE STRIKES' LEGISLATION

B.C. Solicitor General John Les yesterday backed the federal
government's controversial "three strikes" legislation that will make
it easier to impose indefinite prison sentences on violent criminals.

The B.C. Civil Liberties Association has called the bill "sophomoric"
and "offensive to the principle of innocent until proven guilty." But
Les predicted the legislation will receive broad support from people
across the country.

"It's been frustrating when we've had people released from prison,
for example, where the police actually precede that by a warning
saying, 'Look, so and so's coming out, we think he's dangerous.
Please keep an eye out for him and he'll be re-offending soon.'

"Well that's a terrible and shabby way to treat the public. In the
future, those kinds of people will much more likely receive a
dangerous offender status and be locked up indefinitely, as they should be."

Under federal legislation tabled yesterday, an offender found guilty
of a third conviction for a violent or sexual offence will have to
prove that he or she is not a dangerous offender. In the past, it was
up to the Crown to prove why an offender should be classified as
dangerous and sent to prison indefinitely. The reforms will also
allow for longer and more aggressive supervision of offenders
released back to communities, the justice ministry said.

"This legislation will ensure that high-risk and dangerous offenders
face tougher consequences when they are sentenced, and are kept
better track of when they are released into the community," Justice
Minister Vic Toews said in a release.

The civil liberties association, however, said the law risks a
constitutional challenge for unjustly shifting the burden of proof
from the Crown to the offender

"Imposing a reverse onus is offensive to the principle of innocent
until proven guilty," president Jason Gratl said in an interview.

He also said the association fears dangerous offender status could be
triggered by a third conviction for assault, which could include
something as minor as a push or a slap.

"To trigger indefinite detention for such offences makes a mockery of
our most serious prison sentences," he said.

"We don't see sufficient problems with the current system that would
justify this change in legislation. Our research indicates that the
California three-strikes law did not result in a decrease in the
crime rate, but resulted in significant growth in the prison
population, and a disproportionate effect on ethnic minorities."

Les, however, defended the reverse onus aspect of the bill. "This
actually deals with people who have already been found guilty of more
than a few offences. And I think there is a point at which the onus
actually rightfully should shift to the offender to prove that they
can actually behave in a way that's not a threat to public safety."

Les said governments have to err on the side of protecting the
public. He expressed frustration that police in B.C. currently devote
significant resources to a special predator observation team that
monitors known sexual predators in the community.

"I'd much rather that those folks were designated as dangerous
offenders, locked up away from the public, and re-deploy the police
resources somewhere else," he said.