News (Media Awareness Project) - CN BC: Editorial: New Crime Bill Fails Most Tests |
Title: | CN BC: Editorial: New Crime Bill Fails Most Tests |
Published On: | 2011-09-22 |
Source: | Victoria Times-Colonist (CN BC) |
Fetched On: | 2011-09-26 06:00:47 |
NEW CRIME BILL FAILS MOST TESTS
The Conservative government's giant crime bill fails on at least three
counts. First, there is no evidence the measures will actually
increase public safety.
Second, the government has not revealed the significant extra costs to
taxpayers, or budgeted for them.
And third, the way the legislation is being introduced violates basic
principles of democracy and insults MPs of all parties.
The omnibus bill introduced this week rolls together nine separate
pieces of legislation. All failed to pass during the Conservatives'
minority government.
Some measures are useful. Parole would become more difficult, for
example, for inmates who created problems behind bars, which could
increase the safety of corrections officers. Many Canadians would
likely support restrictions on house arrest for serious crimes,
particularly given the lax enforcement of the terms of such sentences.
But others are at best ineffectual and at worst destructive. The
Conservatives, for example, are greatly expanding the offences which
would be subject to mandatory minimum sentences. The role of the
courts is to consider circumstances, and recognize that in some cases
- -- even for crimes considered serious -- the interests of the offender
and society are served by an alternative to imprisonment.
The clearest example is offered by provisions in the former Penalties
for Organized Drug Crime Act, which sets a mandatory six-month jail
term for possessing as few as six marijuana plants for the purposes of
trafficking. Forcing the courts to send a first-time offender to
prison for such an offence is costly and could well increase his
likelihood of re-offending.
The legislation is particularly disappointing because the evidence is
clear that its underlying approach -- the "war on drugs" and "tough on
crime" ideology -- does not work. The U.S. has pursued this agenda for
decades; the only result has been extraordinary prison costs, rising
crime rates and reduced public safety. In Canada, meanwhile, crime has
been declining for almost four decades.
It is disappointing that a Conservative government, elected on a
promise of fiscal responsibility, is committing to billions in
increased spending without analysis of the costs and benefits or the
taxpayers' ability to pay.
Justice Minister Rob Nicholson will not provide information on the
increased spending the legislation will trigger. But the cost of the
federal prison system has almost doubled in the last five years, to $3
billion, as more people have been jailed as a result of earlier crime
measures.
Provinces, responsible for housing inmates before trial and those
sentenced to less than two years, have faced similar rising costs.
The new measures are forecast to mean 4,000 additional inmates in
federal prisons, requiring 3,000 additional guards, prison
construction and other costs.
Provinces will also face higher costs, with no guarantee of federal funding.
And these huge extra costs come as offenders in British Columbia are
being released because the court system doesn't have the resources to
handle the current cases.
The lack of financial information shows disrespect for the public and
Parliament. So does the decision to bundle all nine bills together,
rather than re-introduce them individually and allow scrutiny of each
bill. The fundamental duty of MPs, including Conservatives, is to
debate legislation, ensure it will achieve the stated purpose and
assess the costs and benefits. That role is being undermined by the
government's approach.
Tough on crime is a good political slogan. Smart on crime is better
public policy.
The Conservative government's giant crime bill fails on at least three
counts. First, there is no evidence the measures will actually
increase public safety.
Second, the government has not revealed the significant extra costs to
taxpayers, or budgeted for them.
And third, the way the legislation is being introduced violates basic
principles of democracy and insults MPs of all parties.
The omnibus bill introduced this week rolls together nine separate
pieces of legislation. All failed to pass during the Conservatives'
minority government.
Some measures are useful. Parole would become more difficult, for
example, for inmates who created problems behind bars, which could
increase the safety of corrections officers. Many Canadians would
likely support restrictions on house arrest for serious crimes,
particularly given the lax enforcement of the terms of such sentences.
But others are at best ineffectual and at worst destructive. The
Conservatives, for example, are greatly expanding the offences which
would be subject to mandatory minimum sentences. The role of the
courts is to consider circumstances, and recognize that in some cases
- -- even for crimes considered serious -- the interests of the offender
and society are served by an alternative to imprisonment.
The clearest example is offered by provisions in the former Penalties
for Organized Drug Crime Act, which sets a mandatory six-month jail
term for possessing as few as six marijuana plants for the purposes of
trafficking. Forcing the courts to send a first-time offender to
prison for such an offence is costly and could well increase his
likelihood of re-offending.
The legislation is particularly disappointing because the evidence is
clear that its underlying approach -- the "war on drugs" and "tough on
crime" ideology -- does not work. The U.S. has pursued this agenda for
decades; the only result has been extraordinary prison costs, rising
crime rates and reduced public safety. In Canada, meanwhile, crime has
been declining for almost four decades.
It is disappointing that a Conservative government, elected on a
promise of fiscal responsibility, is committing to billions in
increased spending without analysis of the costs and benefits or the
taxpayers' ability to pay.
Justice Minister Rob Nicholson will not provide information on the
increased spending the legislation will trigger. But the cost of the
federal prison system has almost doubled in the last five years, to $3
billion, as more people have been jailed as a result of earlier crime
measures.
Provinces, responsible for housing inmates before trial and those
sentenced to less than two years, have faced similar rising costs.
The new measures are forecast to mean 4,000 additional inmates in
federal prisons, requiring 3,000 additional guards, prison
construction and other costs.
Provinces will also face higher costs, with no guarantee of federal funding.
And these huge extra costs come as offenders in British Columbia are
being released because the court system doesn't have the resources to
handle the current cases.
The lack of financial information shows disrespect for the public and
Parliament. So does the decision to bundle all nine bills together,
rather than re-introduce them individually and allow scrutiny of each
bill. The fundamental duty of MPs, including Conservatives, is to
debate legislation, ensure it will achieve the stated purpose and
assess the costs and benefits. That role is being undermined by the
government's approach.
Tough on crime is a good political slogan. Smart on crime is better
public policy.
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