KYLE GIANIS CASE SHOWS GAPING HOLES IN JUSTICE SYSTEM

Federal politicians, who are now seeking our votes,would do well to
look at the instructive case of Kyle Gianis, who was sentenced last
week to 13 years in a U.S. jail.

As reporter Monique Tamminga outlined in a story in Friday's Times,
Gianis had numerous run-ins with police here. In the summer of 2007,
there was a stand-off at his home in Willoughby, which ended with no
charges. Then in December, his home, which was heavily fortified, was
hit by numerous shots from an unknown gunman in what seemed to be an
attempt on his life.

Neighbours were terrified, and with good reason. They didn't know if
gunfire would erupt again on their street, where homes are very close
together and what happens in one home can have a direct impact on others.

Police knew that Gianis had been indicted in a U.S. court for his role
in smuggling ingredients for meth labs across the border. That was
apparently the source of his wealth, which led him to buy the new home
while in his early 20s. He also had many othere luxury goods, with
SUVs, Harley-Davidson motorcycles and Hummers regularly seen at the
home.

However, under our Canadian justice system, police here were unable to
do anything with him. He apparently broke no laws that would lead to
any sentence or jail time here. I don't know exactly how the
extradition process works when a person like Gianis is indicted in the
U.S., but obviously he was operating here with impunity.

The Charter of Rights and Freedoms and subsequent court decisions have
severely handicapped police in their ability to deal with career
criminals, who know their rights. They have limited police in their
ability to search premises where they suspect crime is underway.

In addition to that, judges here give out very light sentences in
almost all drug-related cases. There is no way Gianis would be
sentenced to 13 years by a Canadian judge for smuggling meth lab
ingredients into Canada.

In addition, if he had got such a stiff sentence, he would have been
out of jail within a few years under the parole and mandatory release
programs.

And on top of that, his trial would have been delayed for years. If he
had been kept in custody, which would have been unlikely, he would get
credit for double the time served in jail before sentence was
pronounced. Thus a delay of two years, which is not uncommon, would
add up to credit for four years in jail.

There are so many things wrong with our justice system it's hard to
know where to start. But the place where many of the wrongs can start
to be corrected is in Ottawa. The federal government has control over
the Criminal Code, appoints most judges and sets sentencing guidelines.

It can also override Charter decisions, either by using the
notwithstanding clause or introducing new legislation, something both
Liberal and Conservative governments have been loathe to do.

Langley candidates and their leaders could take some pointers by
studying the Gianis case.