N.B. BACKS OTTAWA'S CRACKDOWN ON CRIME

Justice Minister Says Federal Tough-On-Crime Measures Are
'Positive'

New Brunswick Justice Minister Marie-Claude Blais supports the
tough-on-crime stance being adopted by her federal counterparts in a
new crime bill.

"There's been a lot of talk about the changes (and whether or not)
they're proper, but the goal is something we support," says Blais.
"That goal is to strengthen laws, deter crime and help victims."

The federal government introduced the new crime bill last week and
hope to have it passed in the House of Commons in the next few months.
Moncton-Riverview-Dieppe MP Robert Goguen, Parliamentary Secretary to
the Minister of Justice, told the Times & Transcript last week the
bill is designed to target the most serious offenders in society,
including drug producers, people involved with organized crime and
those who sexually abuse children.

The proposed changes to the Criminal Code will increase penalties for
drug production and sex offences and also remove house arrest as an
option for some crimes. The act includes many tough-on-crime measures,
including increasing the minimum sentence for sexual offences against
children from 45 days in jail to one year for indictable offences and
from 14 days to 90 days on summary convictions.

People convicted of drug trafficking who are connected to organized
crime, repeat offenders or people who used violence during the
commission of an offence face a minimum of one year in prison, drug
importers face a minimum sentence of one year and anyone trafficking
drugs on or near school grounds or other public places where children
are found is looking at two years in prison.

The maximum sentence for marijuana production will be 14 years under
the act and there will be a minimum sentence of six months for the
production of between six and 200 plants. The minimum sentence
increases depending on the number of plants involved and whether there
is intent to traffic.

Serious crimes including sexual assault, human trafficking, arson,
break and enter, child-luring and kidnapping would not be eligible for
conditional sentences with house arrest and the protection of society
would become more of a consideration in the sentencing of violent and
repeat young offenders.

Crime victims would also have the right to more information about
offenders, such as where they're incarcerated and what programs
they're taking.

Blais says the idea of taking a harder line with organized crime, the
drug trade and people who victimize children is easy to get on board
with.

"I only see that as a positive," says the minister.

Blais says people might tend to think the most serious crimes don't
occur here, but she points out that Moncton recently made the national
news after a resident pleaded guilty to possessing millions of child
sexual abuse images. He's scheduled to be sentenced next month.

"Those victims are being victimized not once but many times," she
says, alluding to the fact police say the sex abuse images were being
traded on the Internet in this particular case.

Some critics of the federal crime bill say minimum sentences with jail
terms take away a judge's discretion when deciding the appropriate
sentence in each case.

"Judges will have to follow the Criminal Code as it will be in the
future," says Blais.

But she adds that the new rules don't just take away from judges'
ability to craft a sentence, because they also give them more tools to
hand down tougher sentences.

"We have been hearing from judges concerned about how low the sentence
is for certain crimes," says the minister.

Some local lawyers have told the Times & Transcript they believe the
new crime bill could make courts across Canada busier once the new
laws are in place. With more minimum sentences requiring jail time,
tougher sentences overall and conditional sentences with house arrest
no longer an option for certain crimes, the defence will have less
incentive to bargain in an attempt to resolve the case prior to trial.

If a guilty plea means a person is going to jail, the accused will be
more inclined to take his chances at trial.

Blais says there's no way to predict if that will be the
outcome.

"We don't know for now," she says.

Blais says while some people may criticize the new federal bill, the
results of the last election made it clear where the majority stands
on the issue.

"The government was given a clear mandate in May to move forward with
this bill," she says.

Whether or not the new crime bill makes life busier in New Brunswick
courts, things are already busy. Last week the Department of Justice
said that, on average, provincial court trial dates are being set for
January or February - depending on how many days are required and how
complicated the matters are - while a Fredericton-based judge said
she's setting trial dates for April and May. Also, the provincial
court currently has five judge vacancies, due to a combination of
retirements and judges going supernumerary.

"Within our system there are pressures, and we're looking at how to
alleviate those," Blais says, adding staff tries to make sure the
daily caseloads of judges are manageable.

Every provincial government department trying to find ways to save
money and justice is no different.

"We'll work within our budget," she says.