Omnibus Crime Bill: Massive Conservative Legislation Passes After Brief Delay By NDP

First Posted: 03/12/2012 3:05 pm Updated: 03/13/2012 4:09 pm

Omnibus Crime Bill
Stephen Harper's majority Conservative government is poised to pass its omnibus crime bill and make good on an election promise with a couple of days to spare. (CP/Jupiter Images)

OTTAWA - The Conservative government that rushed to pass a massive crime bill by curtailing debate in the House of Commons and Senate now says it will take its time making the new measures a reality on the street.

Prime Minister Stephen Harper's majority easily passed Bill C-10 on Monday evening by a vote of 154-129, sweeping aside a procedural delay by the NDP that stalled the bill's curtain call for five days.

The legislation, which includes nine separate bills, goes briefly back to the Senate and could get royal assent as early as Tuesday — meeting Harper's campaign promise last spring to pass the bill within 100 sitting days of a new parliament.

Working the changes through the justice system will take considerably longer.

"We're going to space out a number of them out," Justice Minister Rob Nicholson said outside the Commons before the final vote Monday.

"I indicated to my provincial colleagues when I met with them about a month ago now that, you know, we'll proclaim them into effect in consultation with them."

Nicholson didn't provide an order of precedence.

The bill increases sentences for drug and sex offences, reduces the use of conditional sentences such as house arrest, provides harsher penalties on young offenders, makes it more difficult to get a pardon, gives crime victims more say in parole hearings and allows victims of terrorism to sue.

Supporters, including victims rights groups and some police organizations, say the bill helps correct a justice system that has swung too far toward the rights of criminals.

Critics have said the changes will do nothing for public safety but will cost literally hundreds of millions of dollars from increased jail populations, much of it bourne by provinces and territories. The changes are also expected to clog the courts as many offenders will opt for trials rather than agreeing to a plea deal for a crime that carries a mandatory minimum sentence.

The government has never even attempted to answer what exactly the justice changes will achieve in terms of the overall crime rate, number of victims, the cost of crime to the community or the incidence of violent crime.

"This sends the message out to people if you get involved with this kind of activity, there will be serious consequences," Nicholson reiterated Monday.

Nor has the government ever provided a credible, detailed costing of the legislation.

Parliament's independent budget office spent six months researching one small aspect of the bill — curtailing the use of conditional sentences — and found it will cost the provinces about $750 million over the next five years, mostly for increased jail time.

New mandatory minimum jail terms for growing as few as six pot plants were internationally panned in an open letter to Harper that pointed out the war on drugs has been a repeated, dismal failure across the globe — fuelling the very violence and organized crime it is supposed to combat.

None of it has slowed the bill's inexorable progress.

This coming weekend marks the deadline Harper set last April when he made his catchy 100-day campaign promise on the crime agenda.

New Democrats used procedural tactics last week to momentarily delay the final vote, spoiling a Conservative communications exercise in Woodbridge, Ont., where several top Tories had flown at taxpayer expense to tout the legislation's expected passage.

Bill C-10 initially cleared the House of Commons in December, but in the government's haste — including time allocation to limit debate — it overlooked some important gaps that had been raised by Liberal MP Irwin Cotler, a former justice minister.

The Senate had to fix the victims of terrorism provisions, and sent the legislation back to the House last week for final approval.

"We're at the end of the road," said NDP justice critics Jack Harris, "but this government has persisted in pursuing a course of action that we heard much evidence is not actually going to reduce crime and not going to make our streets safer and is going in the wrong direction."

Harris noted the NDP supports tougher laws for child predators and the government could have had those new laws on the books months ago if it had agreed to split them off from more contentious elements.

Bob Rae, the interim Liberal leader, called the legislation "a very expensive adventure, a very expensive and frankly unnecessary experiment."

"It's not a real crime prevention strategy," said Rae. "It's a prison promotion strategy, it's an incarceration strategy, that I think will prove to be a very costly mistake for Canada."

Related on HuffPost:

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  • 15 Things Critics Fear In The Tory Crime Bill

    Opposition parties, professionals working within the corrections and justice systems, the Canadian Bar Association and various other interest groups have raised wide-ranging concerns about the <a href="http://www.huffingtonpost.ca/news/omnibus-crime-bill" target="_hplink">omnibus crime bill</a>. Here is an overview of some of their objections. (CP/Alamy)

  • 15. Harsher Sentences For Young Offenders

    Changes to the Youth Criminal Justice Act will impose tougher sentences for violent and repeat young offenders, make it easier to keep such offenders in custody prior to trial and expand the definition of what is considered a "violent offence" to include "creating a substantial likelihood of causing bodily harm" rather than just causing, attempting to cause or threatening to cause bodily harm. The new legislation will also require the Crown to consider adult sentences for offenders convicted of "serious violent offences" and require judges to consider lifting the publication ban on names of offenders convicted of "violent offences" even when they have been given youth sentences. Some of the concerns around these provisions raised by some of the professionals who work with young offenders include: (Alamy)

  • 14. Young Offenders - Naming Names

    The publication of names of some young offenders will unjustly stigmatize them for life. Quebec has asked that provinces be allowed to opt out of this provision. (Getty)

  • 13. Young Offenders - Stiffer Sentences

    Stiffer, longer sentences will turn young offenders into hardened criminals and undermine any potential for rehabilitation. (Alamy)

  • 12. Young Offenders - Minorities Take The Brunt

    As with other parts of the crime bill, critics says harsher sentencing rules and increased emphasis on incarceration will <a href="http://www.huffingtonpost.ca/2012/02/20/bill-c-10-omnibus-crime_n_1289536.html?ref=omnibus-crime-bill" target="_hplink">disproportionately affect aboriginal</a> and black Canadians, who are already over-represented in the criminal justice system. (Alamy)

  • 11. Young Offenders - Forget Rehabilitation

    The changes shift the emphasis of the Act from rehabilitation to "protection of society," which critics say will put the focus on punishing young offenders rather than steering them away from a life of crime. <a href="http://www.huffingtonpost.ca/2011/11/22/crime-bill-quebec-canada_n_1107717.html?ref=omnibus-crime-bill" target="_hplink">Quebec, in particular, which prides itself on the success of the rehabilitative aspects of its youth justice system, has argued for stronger language prioritizing rehabilitation</a>. (Alamy)

  • 10. Fewer Conditional Sentences

    The legislation will eliminate conditional sentences, those served in the community or under house arrest, for a range of crimes, including sexual assault, manslaughter, arson, drug trafficking, kidnapping and fraud or theft over $5,000. It will also eliminate double credit for time already served. Critics say these changes will: (Getty)

  • 9. Fewer Conditional Sentences - Spike Costs

    Cost the federal and provincial justice and corrections systems millions of additional dollars a year. The parliamentary budget officer, <a href="http://www.huffingtonpost.ca/2012/02/28/omnibus-crime-bill-costs-conditional-sentences_n_1306528.html?ref=omnibus-crime-bill" target="_hplink">Kevin Page, has estimated that the average cost per offender will rise from approximately $2,600 to $41,000</a> as a consequence of the elimination of conditional sentences. (Alamy)

  • 8. Fewer Conditional Sentences - More Trials And Hearings

    - Lead to more trials as those accused of crimes will be less likely to plead guilty if they know there is no chance they will get a conditional sentence and will be more likely to take their chances on a trial. Some have predicted this will lead to greater backlogs in an already backlogged court system. - Result in more parole hearings. Page's analysis predicted that with the increase in the number of incarcerations, there will be more offenders coming up for parole, which will increase costs for federal and provincial parole review boards. A single review by the Parole Board of Canada costs an estimated $4,289, Page estimated. (Alamy)

  • 7. Mandatory Minimums

    <a href="http://www.huffingtonpost.ca/2012/02/22/bill-c-10-drugs-mandatory-minimums-omnibus_n_1292894.html?ref=omnibus-crime-bill" target="_hplink">By far the most criticized aspect of the bill is the introduction of mandatory jail sentences for certain crimes, including drug trafficking, sex crimes, child exploitation and some violent offences</a>. Opponents of the measures have argued that this type of sentencing has been tried in other jurisdictions, most notably in the U.S., and has created more problems than it has solved. Critics say that coupled with other changes in the bill, such as increases in the maximum sentences handed down to some drug offenders and sexual predators and elimination of conditional sentences in some cases, mandatory minimums will burden Canada's prison and court systems in ways that are unfeasible, untenable and have little benefit. In particular, they argue that mandatory minimum sentences will: (Jupiter Images)

  • 6. Mandatory Minimums - Higher Costs

    Increase the costs of prosecuting and incarcerating offenders and leave fewer funds for rehabilitation programs. (Alamy)

  • 5. Mandatory Minimums - Overcrowding

    Lead to overcrowding in prisons. (Alamy)

  • 4. Mandatory Minimums - Make Judges Less Powerful

    - Remove judges' discretion to tailor sentences to the specifics of a particular case and offender and force them to apply blanket, one-size-fits-all sentences regardless of circumstances - Limit the use of alternate sentencing measures of the type currently applied to aboriginal offenders. (Alamy)

  • 3. Mandatory Minimums - Over-Punish Drug Offenders

    <a href="http://www.huffingtonpost.ca/2012/03/02/omnibus-crime-bill-pierre-claude-nolin_n_1316481.html?ref=omnibus-crime-bill" target="_hplink">Disproportionately punish small-time drug offenders and have limited effect on the drug producers, organized crime bosses and serious drug traffickers</a> the government says it wants to target. (Alamy)

  • 2. Mandatory Minimums - What's The Point?

    Have little rehabilitative effect on offenders and rather leave them more, not less, likely to re-offend. <a href="http://www.huffingtonpost.ca/2011/11/27/tough-on-crime-conservatives-doubt-tough-sentences_n_1115012.html?ref=omnibus-crime-bill">Critics point to numerous studies showing harsher incarceration laws do not have a deterrent effect on criminals or lower crime rates</a>. (Alamy)

  • 1. Mandatory Minimums - What Charter?

    Violate provisions of the Charter of Rights and Freedoms and open up the government to legal challenges on grounds that the sentencing rules violate certain rights that offenders have under the Charter, such as the right to liberty, the right not to be subjected to cruel and unusual punishment and the right to equal protection and benefit of the law. (Alamy)

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OTTAWA - The Conservative government that rushed to pass a massive crime bill by curtailing debate in the House of Commons and Senate now says it will take its time making the new measures a reality o...
OTTAWA - The Conservative government that rushed to pass a massive crime bill by curtailing debate in the House of Commons and Senate now says it will take its time making the new measures a reality o...
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Kasado
en jolt of terminus
10:51 AM on 03/28/2012
Is this another indicator of a downward economic spiral ?
As more people become criminally desparate due to economic pressures or emotionally deranged through feelings of helplessness. Will the legal system become increasingly intolerant and further restict freedom in order to protect their control of the populace ?
Just when do the people realize that they are under attack, whether directly as in incarceration or indirectly through increased taxes to pay for their government's folly ?
10:48 PM on 03/13/2012
This article "the caging of America" is powerful and enlightening.
Excuse me for double posting it.
You will be swayed.

http://www.newyorker.com/arts/critics/atlarge/2012/01/30/120130crat_atlarge_gopnik
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HUFFPOST SUPER USER
murphyj87
03:28 PM on 03/13/2012
It will be a good thing to have these currently unnecessary prisons when dozens of Conservative MPS are convicted of election fraud and sentenced to five years in prison because the only reason they have a majority is because they impersonated Elections Canada and misled voters to nonexistent polling places.
02:44 PM on 03/13/2012
Any party that runs on repealing C-10 gets my vote and good chunk of my spare time as a volunteer.

Stop Harper.
Ctrl-z Harper policies.
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albertarick
These are questions for wise men with skinny arms
02:13 PM on 03/13/2012
Catchy 100-day campaign promise, prison promotion strategy, incarceration strategy. If this appeals to you why would you not move to the US? I can only shake my head. Can we have another article about someone doing their hair in parliament?
HUFFPOST SUPER USER
Taylor Jay
I don't align myself with any political party.
04:22 PM on 03/13/2012
and there acting like Canadians wanted this when they only had 39% of the vote, and they probably supressed another 5-10% its a huge joke. I just got out of highschool and I realize our political system is a group of elder abusing power hungry neo nazis.
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HUFFPOST SUPER USER
Charles the Great
Canadian/Israeli Goy in Alert,Nunavut
12:33 PM on 03/13/2012
Even as a member of the Liberal Party I would have to agree with many of the aspects of this bill. Yes repeat youth offenders should be held accountable even with the publication of names since many will just go back to the old ways before they were in jail
This user has chosen to opt out of the Badges program
11:23 AM on 03/13/2012
There's a sale on these, while quantities last....

http://www.cafepress.ca/+anti_harper_dark_tshirt,536446471
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HUFFPOST SUPER USER
4evercanadian
Still my guitar gently weeps
10:52 AM on 03/13/2012
Wonder how rich the lawyers are going to get as the mandatory minimum sentences gets challenged all the way to the supreme court. If the court then toss them out as unconstitutional (as an Ontario judge already deemed that they were) then we pay more for all the lawsuits. And how many real criminals will then get there convictions overturned because their sentences were unconstitutional? Are Harpers buddies lawyers?
HUFFPOST SUPER USER
Taylor Jay
I don't align myself with any political party.
05:14 PM on 03/13/2012
ya hes got a couple lawyer buddies, & they get drunk with some contractors all the time and when they get to loaded they call their homie in the pharmaceutical industry to come hook them up... There is alot to be gained off of this to everyone but the Canadian's paying for it.
This comment has been removed.
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HUFFPOST SUPER USER
martingibsonusa
Tax cuts for the rich is a Welfare handout.
10:26 AM on 03/13/2012
This headline should have read:

"Canadians compete with the US for the role of top international morons. Will they win?"
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Keith E
Earth Warrior
10:06 AM on 03/13/2012
Part4

Bill C-10 Table of contents

Coming into Force
CANADA TRANSPORTATION ACT
Amendments to the Act
Coming into Force
AIR CANADA PUBLIC PARTICIPATION ACT
Amendments to the Act
Transitional Provisions
Coming into Force

Why do Conservatives hate Canada they way it is? This is just the table of contents.
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HUFFPOST SUPER USER
Keith E
Earth Warrior
10:03 AM on 03/13/2012
Part3

Bill C-10 Table of contents

Consequential Amendment to the Budget Implementation Act, 2008
Crown Corporations
Financial Administration Act
Consequential Amendments
Canada Council for the Arts Act
Canada Employment Insurance Financing Board Act
Canada Post Corporation Act
Canadian Dairy Commission Act
Canadian Race Relations Foundation Act
Public Sector Pension Investment Board Act
PAYMENTS TO PROVINCES
Federal-Provincial Fiscal Arrangements Act
Payment to Nova Scotia
EXPENDITURE RESTRAINT ACT
SHORT TITLE
INTERPRETATION
EFFECTS OF ACT
APPLICATION
RESTRAINT MEASURES
Increases to Rates of Pay
Employees Represented by a Bargaining Agent
Non-represented and Excluded Employees
Members of Parliament
General
ADMINISTRATION
EQUITABLE COMPENSATION
Public Sector Equitable Compensation Act
SHORT TITLE
INTERPRETATION
OBLIGATION TO PROVIDE EQUITABLE COMPENSATION
EQUITABLE COMPENSATION ASSESSMENT
EMPLOYERS WITH NON-UNIONIZED EMPLOYEES
Obligations
Complaints
EMPLOYERS WITH UNIONIZED EMPLOYEES
Obligations
Arbitration
Conciliation
Ratification
Complaints
PUBLIC SERVICE LABOUR RELATIONS BOARD
General
Complaints Filed by Non-unionized Employees
Complaints Filed by Unionized Employees
Costs
REGULATIONS
PROHIBITIONS
OFFENCE AND PUNISHMENT
GENERAL
TRANSITIONAL PROVISIONS
Complaints by Non-unionized Employees
Taking Effect of Provisions in Respect of Unionized Employees
First Collective Agreement After Taking Effect
Transitional Provisions
Consequential Amendments
Canadian Human Rights Act
Public Service Labour Relations Act
Coming into Force
COMPETITION ACT
Amendments to the Act
Price Maintenance
Agreements or Arrangements that Prevent or Lessen Competition Substantially
Transitional Provision
Consequential Amendments
Competition Tribunal Act
Criminal Code
Shipping Conferences Exemption Act, 1987
Coming into Force
INVESTMENT CANADA ACT
Amendments to the Act
INVESTMENTS INJURIOUS TO NATIONAL SECURITY
Report
Transitional Provisions
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Keith E
Earth Warrior
10:00 AM on 03/13/2012
Part2

Bill C-10 Table of contents

Export Development Act
Business Development Bank of Canada Act
Canada Small Business Financing Act
Amendments to the Act
Coming into Force
Legislation Governing Financial Institutions
Bank Act
Orders to Exempt or Adapt
Cooperative Credit Associations Act
Orders to Exempt or Adapt
Financial Consumer Agency of Canada Act
Green Shield Canada Act
Insurance Companies Act
Orders to Exempt or Adapt
Trust and Loan Companies Act
Orders to Exempt or Adapt
Coordinating Amendment
Coming into Force
Securities
Securities Regulation
Canadian Securities Regulation Regime Transition Office Act
SHORT TITLE
INTERPRETATION
ESTABLISHMENT
PURPOSE AND POWERS
FINANCIAL PROVISIONS
ANNUAL REPORT
DISSOLUTION
Transitional Provision
Coming into Force
PAYMENTS
Infrastructure Stimulus Fund
Provincial-Territorial Infrastructure Base Funding Program
Communities Component of the Building Canada Fund
Green Infrastructure Fund
Community Adjustment Fund
Improving Infrastructure at Universities and Colleges
First Nations Housing
Renovation and Retrofit of Social Housing
Housing for Low-income Seniors
Housing for Persons with Disabilities
Northern Housing
Canada Health Infoway Inc.
NAVIGABLE WATERS PROTECTION ACT
Amendments to the Act
HER MAJESTY
APPROVAL OF WORKS
General
Ministerial Orders
Définition et interprétation
Application
ADMINISTRATION AND ENFORCEMENT
Designation
Powers
Prohibitions
Injunction
Immunity
Offences and Punishment
REVIEW
Consequential Amendment to the International Bridges and Tunnels Act
MISCELLANEOUS PROVISIONS
Wage Earner Protection Program
Wage Earner Protection Program Act
Wage Earner Protection Program Regulations
Consequential Amendments to the Bankruptcy and Insolvency Act
Transitional Provision
Federal Financial Assistance for Students
Canada Student Financial Assistance Act
Canada Student Loans Act
ADMINISTRATIVE MEASURES
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Jean-Francois Guilbert
10:00 AM on 03/13/2012
PURE SCANDAL I BIG NEWS TROUBLE OF HI PRESSION IN ANTYDEPRESSEUR I STARTING IN YIME I ME I LOYAL I ALL IN LAWYERS I DESTROY REPUTATION I THE I NIOT STARTING I START UP I OUT I THE I NIOT PROMISUS I NOT I ROBOCAL I SMALL FORFAYT I CABLEBELLEVISION I IMOSSIBLE I ME I THE SYMTOM I PARALESIS I SIDE I 3 MONRN AFFRAIDS I NOT I HUMANITY I CALL I ALL I FALSE ACCUSATION I I THE JACK LETON I NEVERT US I NO COMPASATION HUMAINE I SUBIT I TEROR I GUY I FING I CHAISSE ROULLANTE I DEGENERATIVE IN JAIL I FALSE I 3% in usa i no tax i the not respect deal
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BobbyZRay
Gentlemen prefer chaos
01:30 PM on 03/13/2012
WTF!!!
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Keith E
Earth Warrior
09:59 AM on 03/13/2012
Part1

Bill C-10
SHORT TITLE
AMENDMENTS IN RESPECT OF INCOME TAX
Income Tax Act
Budget Implementation Act, 2008
Income Tax Regulations
TFSAs
Central Paymaster
International Banking Centre Exception
Provincial SIFT Tax Rate
Amounts Determined
Life Insurance Policy Reserves
Transition Year
Conditions
TAX-FREE SAVINGS ACCOUNTS — PROHIBITED INVESTMENTS
MEDICAL EXPENSE TAX CREDIT
Pension Credit — Tax Treaty
Special Rules for Minimum Amount
Recontribution — Adjusted Minimum Amount for 2008
Conditions Referred to in Subsection (9)
FINANCIAL INSTITUTIONS — PRESCRIBED ENTITIES AND PROPERTIES
Prescribed Trust not a Financial Institution
Prescribed Property not Mark-to-Market Property
Prescribed Property not Mark-to-Market Property
Prescribed Payment Card Corporation Share not Mark-to-Market Property
Prescribed Securities Exchange Investment not Mark-to-Market Property
Significant Interest in a Corporation
Financing Arrangement not a Specified Debt Obligation
AMENDMENTS IN RESPECT OF SALES AND EXCISE TAXES
Excise Act, 2001
Excise Tax Act
AMENDMENTS TO THE CUSTOMS TARIFF
Customs Tariff
Coming into Force
EMPLOYMENT INSURANCE
Employment Insurance Act
Claimants Not in Canada
Pilot Project Relating To Extended Benefits
Premium Rates Provided for Under the Employment Insurance Act
Transitional Provision
Coordinating Amendments
Coming into Force
STABILITY AND EFFICIENCY OF THE FINANCIAL SYSTEM
Financial Administration Act
STABILITY AND EFFICIENCY OF THE FINANCIAL SYSTEM
Canada Deposit Insurance Corporation Act
Amendments to the Act
Vesting in Corporation and Appointing Corporation as Receiver
Creation and Operation of Bridge Institutions
Consequential Amendments
Access to Information Act
Canadian Payments Act
Financial Administration Act
Winding-up and Restructuring Act
Coming into Force