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Tory Crime Bill Ignores History, Says Chief

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First Posted: 11/07/11 10:58 AM ET Updated: 11/08/11 08:24 AM ET

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A University of Toronto law professor says a new federal crime bill chips away at sentencing provisions that require judges to consider all reasonable alternatives to jail. This, said Kent Roach, will only increase the over-representation of Aboriginal people in the criminal justice system.


“We're going to have a future where one in every four people in prison are aboriginal,” he said.


“And we're going to have a future where perhaps more aboriginal people are going to go to jail than to university.”


Nearly half of the inmates in some Canadian prisons are Aboriginal people. That's despite the fact they make up less than three per cent of the general population.


New legislation eliminates judge's discretion


Justice Minister Rob Nicholson said the new rules hold criminals accountable and ensure the safety and security of Canadians.


However, Roach contends that, once a crown attorney determines how to prosecute a crime, the sentence is pre-ordained and the crown's decisions can't be appealed.


“A prosecutor who makes a de facto sentencing decision does not have to explain his or her decision to anyone,” he said.


That is worrisome to First Nations communities.


Currently, a provision in the criminal code recognizes the over-representation of Aboriginal people in jails. It requires judges to look at the circumstances that led the offender to commit the crime and consider alternative punishments.


The new legislation eliminates the judge's discretion for a number of crimes.


Chief says problem will only get worse


Stan Beardy, Grand Chief of the Nishnawbe Aski Nation, said the Conservatives are ignoring history.


“I think what it says to us, is our circumstances, our situation, how we came to be where we are at, doesn't really matter.”


He said the problem of Aboriginal overrepresentation in jails will only get worse with the new legislation.


The crime bill has passed second reading in the House of Commons and is currently before a parliamentary committee.


Key Measures In Tory Crime Bill
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The bill, known as the Safe Streets and Communities Act, includes the following measures:

With files from The Canadian Press

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A University of Toronto law professor says a new federal crime bill chips away at sentencing provisions that require judges to consider all reasonable alternatives to jail. This, said Ken...
A University of Toronto law professor says a new federal crime bill chips away at sentencing provisions that require judges to consider all reasonable alternatives to jail. This, said Ken...
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Keith Beardsley

Keith Beardsley: Love Him or Loathe Him, Harper's Doing What He Said He'd Do

The danger for the Conservatives is that this way of operating can become the easy way out to avoid extensive debate on issues that are controversial. Sooner or later the public will see this as Harper bullying the opposition parties or as Harper being undemocratic, and they will see the Conservatives as arrogant.

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HUFFPOST SUPER USER
Tyler Austin
Decentralized Commons and PR voted Senate please.
280 Fans
05:39 PM on 11/12/2011
Neo-conservative 'tough on crime bills'-
Did they work in Britian? No.
Did they work in America? No.
Will they work in Canada? No.

Did they waste alot of money in Britian? Yes.
Did they waste alot of money in America? Yes.
Will they waste alot of money in Canada? Yes.

Did they create a new criminal underclass in Britian? Yes...
Do I have to continue typing? No.
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tan2123
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278 Fans
04:28 PM on 11/11/2011
His eyes are hollow! Who voted for this psychopath? Right...the groups with money that he promised to defend.
Why not replace judges with robots then?
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tooldude
85 Fans
05:42 PM on 11/07/2011
Or, and this is way outside the normal thought process of most on here, the natives could just choose to become law abiding citizens.
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tan2123
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278 Fans
04:35 PM on 11/11/2011
Or, and this is way outside of YOUR thought process, the government can stop stealing from the aboriginals and honour their treaties!! and make a mends for the damage the residential 'schools'/prisons did to those poor kids then- and continue to get passed on.

hmm...I bet it never occurred to you the role prejudice by police plays in these disproportionate arrests- not simple/linear enough for you, right?
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WestQuake
21 Fans
03:39 PM on 11/07/2011
Canada's treatment of First Nations people is a disgrace regardless of what measure you consider - poverty, child poverty, unemployment, health services, education, protection of culture. Rather than addressing these issues, particulary in light of the Residential Schools genocide, the CONservatives next step is to imprison more for longer, so they can die of communicable diseases in federal prisons. At what point does CONservative callousness and neglect become a Crime against Humanity? BTW, can you name the federal Minister for Aboriginal Affairs and Northern Development without checking wiki? Didn't think so.
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LNWells
35 Fans
03:26 PM on 11/07/2011
Why lump all these things together?

Some of them are ridiculous and some are good ideas. But we will not have the oppurtunity to find the merits in any of them as they are being lumped together and rushed through.

Why choose to act stupidly.
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Warren Yuill
Jesus Built My Hot-Rod
74 Fans
02:00 PM on 11/07/2011
How many "law Professors" support Mr Harpers new crime bill? Most people I talk to support the tougher sentencing guidlines. If that means a few more native people get sent up the river..... so be it. Its not like they are gonna miss work or anything.lol
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ProgressiveCDN
A Progressive Moderate
154 Fans
 
03:23 PM on 11/07/2011
wow. This bill goes far beyond "tougher sentencing" and it also bankrupts our country. Both fiscally and morally... Canada needs real solutions to crime, not this American trash! It's been tried and it failed. Even American Republicans will atest to the utter failure that results from simply putting more people in jail for a longer time.... Canada has had a steady DEcrease in crime over the last few years, which makes this even more idiotic.

I know plenty of hard-working natives who would be more than disturbed by your ignorant remark..... That being said, I'm sure your sentiment is common-place in Conservative circles.
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Jason Bullock
53 Fans
03:58 PM on 11/07/2011
I'd like to point out that most of the programs that have had a very large success rate of rehabilitation, like the prison farms, have been defended by Harper.

Harper's bill will only create more hardened criminals, and not more productive members of society.
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Neanderthaal
80 Fans
05:29 PM on 11/07/2011
As an American Constitutional Conservative, I'm appalled at the stats for Aboriginal imprisonments. Take their land, give them booze, take their guns, eliminate their hunt, destroy their culture, what do you get?

There are far too many in prison in the US for nonviolent crimes. It IS a crime against humanity, and it's a crime against the taxpayer too, for wasting lives and dollars on meaningless witchhunts.

It supports the law enforcement bureaucracy which is building militarized police departments. How many SWAT teams do you need? Did no good at Columbine. But it will help control the unrulies.

Politicians in general are prostitutes. I say that with full apologies to prostitutes, for associating their profession with such pond scum.

Which brings up another matter...why is prostitution illegal? Another conversation there.
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LNWells
35 Fans
03:32 PM on 11/07/2011
Your last statement on natives is very reminescent of what the KKK said about black people and capital punishment.

But I guess that is not an outrageeous statement amongst you and the people you talk to. In your world Jesus cares about hot -rods, not the people.
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Glass Cannon
Let every eye negotiate for itself.
53 Fans
 
12:57 PM on 11/07/2011
I don't believe the Harper Government is interested in citizens who are not white, European or American descent, and protestant Christian. Based on the how the rights of other kinds of citizens have been neglected or curtailed in the past few years.

Maybe they like immigrants better but the new regulations coming in there pretty much block access to people who do not come from countries where they stand a good chance of being born white protestant Christians. Which college degrees.

The Left needs to get their act together to form some credible alternative to Harper come next election. I really want all citizens to have a government that cares about them and can address the variety of problems such a large a diverse population can present.
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pinnsy
46 Fans
05:29 PM on 11/07/2011
Hey,Been here four generations and being a white english speaking protestant male has not gained me any favors. Since 1965 we have been at the back seat of the bus unless from a wealthy family or politically connected. So wait your turn.
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HUFFPOST SUPER USER
Glass Cannon
Let every eye negotiate for itself.
53 Fans
 
11:34 AM on 11/08/2011
I hear you. My family has been here since around 1865. But I still want to see every Canadian get a fair shake under the elected government, regardless of race, religion, sex or creed. Those ideals are part of what makes Canada great, when they are upheld.
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tan2123
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278 Fans
04:44 PM on 11/11/2011
wait your turn??? people get treated better depending on how long their family has been in Canada??? wwha? Looks like no one told the aboriginals that.
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Michel t
40 Fans
07:29 AM on 11/08/2011
Funny, I thought it was the other way around... he couldn't care less if someone is from a minority or not... He's just pushing for one uniform set of rules for everyone.
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Shakeshaft
Socialist Canadian Infidel
118 Fans
 
12:19 PM on 11/08/2011
It's not what Harpers goal is, but it will be one of the many negative outcomes, that's for sure.
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