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News (Media Awareness Project) - CN BC: Column: Harsher Laws Will Only Fail
Title:CN BC: Column: Harsher Laws Will Only Fail
Published On:2008-09-23
Source:Nanaimo Daily News (CN BC)
Fetched On:2008-09-27 14:42:13
HARSHER LAWS WILL ONLY FAIL

Nanaimo Needs To Embrace The Community Court Idea Recently Initiated
In Vancouver.

Drug abusers caught committing non-violent crimes are referred to the
community court on the premise that they can defer their charges
should they choose to participate in recovery. All the resources they
need to get whatever help they need after their first appearance,
from addiction counselling to housing. Provided they return clean and
involved in a plan to keep themselves on track, the charges are stayed.

The first challenge people will see is the cost. Vancouver spent a
lot of money on building a special facility and hiring people to
staff it. Where we can begin is with the Red Hook Community Justice
Centre. Red Hook is an area in New York City that had gained a
reputation for its drug activity and consequent crime.

One of the key components of the Red Hook project is its multi-
jurisdictional, involving every level of court, from family to small
claims and youth court.

Right there we need to back up for a moment. This idea as applied in
Nanaimo need not be expensive or complicated. But it will require the
involvement of every level of government and all of those engaged in
the justice system.

Aside from the federal and provincial Crown prosecutors, agencies
like the John Howard Society various ministries and the city, we need
support from Ottawa and Victoria. It's not about money, but having
both levels of government assist in making sure the process adheres
to or is free from various requirements. Also necessary in the
planning are defence lawyers -- and their clients. The start of the
Red Hook approach is that drug addicted offenders are given the help
they need to break out the exploitation created by drug dealers.
While getting those people off drugs and off the street is one great
benefit, the other motive is to go after the small but significant
number of predatory criminals who grease the wheels of exploitation.

Hammer them. The Conservative call for harsher laws is nothing short
of ridiculous because it fails to take into account that only a very
small number of people, perhaps 2%, are the predatory ones who cause
the bulk of the crime. Those are the people who need to be brought to
their knees, jailed for long periods and scrutinized by the police
when they are not in jail. With this small number there is no other
way. Until and unless they are in jail, society is not safe. And in
this context society includes the drug addict who can be helped, and
is engaged in crime only because they are obsessed with getting their
next fix. Having a community court to help those who can be and are
willing to be helped is also a means to exclude those who cannot and
will not be helped.

One issue that has to be sorted through is discerning the truly evil
from those who resist help at first from out of habit. Enter the
computer. In Red Hook a computer system tracks compliance. Judges can
then take that information and determine who is playing the system
and who is honestly trying to change their lives. Red Hook also
incorporates something John Howard has been here with great success,
restorative justice. Offenders don't necessarily go to jail, but
serve the community in doing their sentences. Another component is a
group of residents who work with crime victims and teach kids about
conflict resolution.

This city needs and is ready for a model like this. Along with the
therapeutic community at Nanaimo Correctional Centre, and other
initiatives, we can lead the way in showing the nation that harsher
laws can only fail.
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