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Harper's Crime and Punishment Agenda: Top 7 Disastrous Laws

Posted: 02/27/2013 12:12 am

Every week, it seems, the Harper government introduces a new bill or initiative purportedly aimed at making our "streets and communities safe." Rather than make us safer, however, these crime and punishment laws are leading us toward disaster.

A complete list of all the changes would fill up a hefty book. Instead, here is a quick overview of a few of the laws that have been enacted by the Conservatives:

1. The Tackling Violent Crimes Act:

With a name that sounds like a Marvel comic title, this Act became law in 2008. The government touted the law as a one-answer-fits-all crime reduction tactic: "Jail everybody; jail them longer!"

A portion of this misguided legislation was quickly struck down by an Ontario trial court. That decision is currently under appeal, so the state of the law remains uncertain.

What is certain is this: incarceration and higher jail sentences not only do not reduce crime and recidivism, but in some cases they actually increase the likelihood of recidivism.*

2. The deceptively-named Truth in Sentencing Act came into force on February 22, 2010.

This law essentially prohibits sentencing judges from granting an offender more than 1:1 credit for any time that the person spent in jail prior to their trial. The Conservatives' contended that when courts granted someone 2 for 1 credit for pretrial custody, they were misleading the public as to the actual sentence to be served by the offender. The Harper government had to step in to make judges and the justice system more "honest."

In passing this legislation, however, the Conservatives not only removed judicial discretion in sentencing, but they also hid from the public the truth about our horrid jail conditions, and the factors that judges consider when they determine the appropriate sentence for someone.

Then things got worse.

Soon after they gained their majority in the legislature, the Conservatives rolled all their various crime bills into one giant Omnibus bill, entitled, the "Safe Streets and Communities Act," or Bill C-10.

The next 5 items are a few of the poisonous branches of the Omnibus tree.

3. Increased and mandatory minimum sentences for a host of drug
offences:

The most criticized portion of this bill is that which subjects a person who grows 5 or more cannabis plants to a minimum jail sentence of 6 months or 5 years, depending on a number of legal factors.

The evidence that the war on drugs is a destructive failure is abundant. But no one in the Harper government is listening.

4. An end to conditional sentences (generally known as house arrest) for a range of offences:

Until recently, conditional sentences had the support of both Liberals and Conservatives. They were seen as a cheaper, more effective method of rehabilitation and reintegration of offenders, as a means of ensuring that otherwise safe people could remain employed, remain with their families, and obtain the support that they needed, while being held accountable for their offences.

But Bill C-10 eliminated this sensible option for many offences, throwing more people behind our ineffective and destructive bars.

5. No Christian forgiveness from a party with strong ties to religion:

Before March of 2012, a person who had been convicted of a crime, but had spent a designated number of years afterward as a law-abiding citizen, could apply for a "pardon." If granted, his record would be cleared, his job prospects improved, his contribution to society increased.

Now, however, an eligible person can apply, not for a pardon, but for a "record suspension." This is more than a mere matter of semantics. The label tells it all: in the eyes of the Conservative government, once a criminal, always a criminal.

6. Penalizing more conduct while in jail:

The Bill has expanded the range of conduct that could get an inmate into trouble while in jail. One new offence: being "disrespectful toward a person in a manner that is likely to provoke them to be violent." You know, like swearing at someone. Disciplinary offences can lead to a range of consequences, including segregation. The law does nothing to address the fact that jail conditions, themselves, contribute to aggression and violence.

7. Punish our children just as you would our adults:

Previously, the primary principles underlying the Youth Criminal Justic Act were to prevent crime by addressing the circumstances underlying a young person's offences, to rehabilitate and reintegrate them, and to subject the young persons to "meaningful consequences," all with a view to promote the long-term protection of the public.

The new Act, however, makes "protection of the public" and "accountability" the primary focus of the Act.
Furthermore, the new law requires youth court judges sentencing a young person to focus on denunciation and deterrence, as opposed to rehabilitation and crime prevention.

This combination of priorities is designed to lead to greater pre-trial detention, harsher sentences, and more imprisonment.

With Bill C-10 passed and its various portions now being law, the Harper government moved on to other crime legislation.

7. Bill C-54: the bill that sticks it to the mentally ill:

This bill is a recent addition to the sleight of punitive bills. A person who suffered from a major mental disorder at the time of the commission of a crime may be found to be "not criminally responsible." Such a person is institutionalized indefinitely, until such time as a panel of experts (a Review Board) determines that she no longer poses a significant risk to society and has sufficient control over her illness.

The bill, however, shifts away from the goals of rehabilitation and reintegration toward longer institutionalization. Review Boards are now to make public safety the "paramount concern." Furthermore, they are no longer to impose the least onerous and restrictive conditions after a disposition hearing, but are to enforce what is "necessary" and "appropriate."

The result will not only be greater overcrowding of our mental health institutions, which already lack sufficient resources and function at full capacity, but also greater imprisonment of persons with mental health disorders in our regular prisons, since there will not be sufficient room for them at our mental health institutions.

A bigger prison population. Longer terms of incarceration. Little to no investment in the kinds of social services and education that can help to reduce crime. No support for alternatives to the criminal justice system, such as restorative justice. Others have traveled this road. And they warn us about the disaster toward which we are quickly heading.

But no matter, the tough talk is still getting votes. So why let evidence and experience get in the way of ideology?


*See "Do Sentences of Imprisonment Reduce Reoffending Rates for Either Men or Women?" Criminological Highlights, Volume 13, Number 2 (February 2013) Centre for Criminology and Social Studies, University of Toronto.

For a more in-depth analysis of these bills, go to: http://justicerequiresempathy.com/

Loading Slideshow...
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  • Tuition

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01:02 PM on 03/05/2013
The government just wants you to pay a big price ..it's all about money not about morals and it's gonna be a big price to pay if you are found guilty and the family would be paying the price tag for the lawyers , travel, taken time off work ect...is going be a big problem for families especally for the poor families..what they should be doing for the bill c10 is to build a mental insitute jail for the young one and they can do assessment on that child and if they are to mentaly ill ..they can be upgraded to a threat to socitey and should stay there until futher notice...and for the adults..the same thing espiecially the first, second , time offenders and be place in mental insitute jail and get the real help...but then again the government is not a fan of the mental illness...we need more mental health worker..but the government does not want to build a building for these issuses we face as a society..oh by the way we lack mental health workers as it is..
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bespoken
My micro bio is filled with emptiness
05:10 PM on 03/02/2013
I don't take issue with most of what you cite in your piece, Ms. Youssefi, and I am appalled with the actions of the Harper Government in more ways than I can count. However, there is one thing I do take issue with, and that is the provision in Bill C-54, where review boards must make public safety the paramount concern when considering whether to recommend that someone who is incarcerated for crimes committed due to mental health conditions. This actually makes sense to me. If someone is dangerously mentally ill and has demonstrated that they are by their actions, the safety of the rest of us is what should be the number one priority. There are plenty of instances where this was demonstrably not the case that led to horrific consequences. This also applies to repeat offenders. See Teema Conter and others who were victims of policies that did not put public safety ahead of all other considerations.
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HUFFPOST BLOGGER
Dyanoosh Youssefi
01:32 PM on 03/06/2013
You are correct, bespoken, that public safety is and should be of paramount importance. The safety of the public was always a key consideration for Review Board who were deciding on what kind of order to make at a hearing. However, the effect of changing the wording and moving the issue front and centre (in the legislation, itself), in legal terms, sends a message to the Review Board: keep people in institutions longer, be suspicious of measures such a day passes or escorted day passes or other forms of release, and unless you are 100% sure, do not release the person. This approach, unfortunately, leaves little room for slowly reintegrating people into the community. It leads to other problems as well, particularly in an already overburdened system. Rather than focusing on rehabilitation and safe reintegration, it switches the focus to longer institutionalization. I get what you are saying, though. In theory, there appears to be nothing wrong with the idea that public safety should be paramount. The problem is with what message is being sent for those who are applying the law and conducting the reviews.
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bespoken
My micro bio is filled with emptiness
04:51 PM on 03/06/2013
I have no issues with your assertion that focusing on rehab and reintegration should be a key focus, except, of course, where it can be reasonably determined that it is not possible in certain cases.  However, I think it can also be shown that there are innumerable cases where review boards have exhibited very poor judgement, even lax to the point where innocent people have suffered the consequences.  This may in some instances be due to an overburdened system, whereby releasing risky offenders is an expedient way of reducing those burdens.  Unfortunately, that is never a good enough reason, and if system overburden is the cause, then it should be approached from that perspective.  No doubt, that element is lost on the Harperites.
09:11 AM on 03/02/2013
Yeah, this is your point of view. But after reading Adler's piece, it is very difficult to agree with you.

http://www.torontosun.com/2013/02/28/texas-style-justice-in-harpers-canada-no
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HUFFPOST SUPER USER
BoredomCorner
01:28 PM on 03/02/2013
I'm sure there's a reason why any intelligent Canadian should believe a prominent pundit from a company caught lying on several occasions...
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HUFFPOST SUPER USER
BoredomCorner
01:31 PM on 03/02/2013
So why should I believe a piece coming from a company known to repeatedly lie about its stories?
08:27 PM on 03/01/2013
Judges have a mind of their own so I don't think they take kindly to having their discetionary power taken away, to be effectively reduced to rubber-stamp justices for someones political gain.
It looks like an indirect attack on the Charter.
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HUFFPOST SUPER USER
TRMS
Rally round the family, pocket full of shells
07:33 PM on 03/01/2013
Recent events tell me Harper isn't going to be tough on Rapists (Brazeau) or Child Molesters (Flanagan), aka his friends and associates.
12:22 PM on 02/28/2013
Something struck me right off the bat.
Reading through the article there was an almost total lack of the word 'JUSTICE".
Most prevalent were words like 'PUNISHMENT'.

Conclusion? This government is obsessed with vengeance and vindictiveness.
Might I suggest that we cut to the chase and insist that anyone over the age of ten caught stealing anything more than a loaf of bread, must be summarily sent to the new penal colony at the north end of Baffin Island? And bring your own sleeping bag.

The result will increase our sovereignty in the Arctic. And that should toughen 'em up right quick.

(Some of this is sarcasm, folks.)
Cheers all.
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Dyanoosh Youssefi
09:57 AM on 02/28/2013
Hi everyone,
I need to make a correction to item #3: The jail term is a maximum of 6 months or 5 years, depending on a couple of legal factors. Sorry about the mistake. Dyanoosh
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01:53 AM on 02/28/2013
It is a long time since America got into mandatory sentencing. The result is a prison population which is the largest ever in history and which is beggaring Americans.

One of the unforeseen results of this burgeoning population is the need to invest in geriatric are since so many prisoners are now elderly. Another problem is the destruction of the family. This puts Americans in the unfortunate position of having still more citizens who are not paying taxes and not ablle to get any job.

Harper refused to cough up tax money for children who are prekindergartners, this was a good example of how he was pound foolish but penny wise. Again, we have only to look at americans who have had this for poor families for decades and so they have been able to research the cost benefit of the scheme. The return to the governmet is seven dollars for every one spent. Those children who went to Head start are more likely to finish highschool, more likely to get a job, less likely to become criminals and more likely to raise stable children of their own. Harper purports to be a Christian. He should know that revenge is not christian and it isn't smart. He should know a penny saved is a pound earned. He is destroying the land and the people with his neocon, outdated ideas.
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HUFFPOST SUPER USER
Medusa Sant
Jedi on the streets. Sith in the sheets.
12:01 AM on 02/28/2013
All the more reason NOT to break the law. Seems pretty easy to do.
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NTodd
Aude Sapere
11:17 AM on 02/28/2013
Then let's institute the death penalty for ALL crimes. Seems easy to do, and by your logic would eliminate all crime. Problem solved.
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HUFFPOST SUPER USER
BoredomCorner
01:31 PM on 03/02/2013
Then why has it never worked?

Seriously, why do conservatives hate basic logic?
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HUFFPOST SUPER USER
Medusa Sant
Jedi on the streets. Sith in the sheets.
11:47 PM on 03/02/2013
You play, you pay. It's as simple as that. Too many idi0ts think they can beat the system, they think "I'm smart and I'm going to get away with this." Then they cry and whine when they get caught. Let the guilty hang :)
11:42 PM on 02/27/2013
Thank you for posting this brief summary. There's so much more to say but I'm glad to see you continuing to remind readers of the insanity and sheer vindictiveness behind these laws as well as their overall effect being to make our communities less safe!
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HUFFPOST BLOGGER
Dyanoosh Youssefi
11:47 PM on 03/01/2013
Dear TheWendybird,

There IS so much to say...it's a challenge keeping the length of these things reader-friendly! Thank you for your note.
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HUFFPOST SUPER USER
Phatbiker
Dentalfloss tycoon
06:30 PM on 02/27/2013
A year for five pot plants, gotta keep the public safe from those evil cannabis gardeners. The Tories are going to take away medical marijuana patients ability to grow their own (for free), forcing many to grow illegaly who can't afford to buy it from Gov't licenced stooges. With all the BS over growing pot, you'd think it was weapons grade plutonium, not a harmless medicinal herb. How long before our prisons are bursting at the seems, filled with non-violent, small-time pot growers?
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Douglas Sinclair
sufferin' succotash!
11:01 PM on 02/27/2013
Whereas the legal synthetic sh*t is dangerous! Some kinda herbal something they call it. Stay away from it.
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amitchell3251
Blues, guitars, motorcycles & Reformed Theology
06:02 PM on 02/27/2013
A superb summary of the retrogressive attitudes of our current government. My only observation is that, even though we can just look south to see what a miserable failure mass incarceration is, our Government seems bent on apeing the US in this regard - and many others.
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Douglas Sinclair
sufferin' succotash!
10:58 PM on 02/27/2013
And the irony that more than a few states that have tried mandatory minimums now want to get rid of them.
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HUFFPOST BLOGGER
Dyanoosh Youssefi
11:52 PM on 03/01/2013
Look for an article from "The Nation," written by an Iowa judge, entitled "How Mandatory Minimums Forced Me to Send More Than 1000 Nonviolent Drug Offenders to Federal Prison." It gives great insight into how, even the most conservative jury members, when faced with a real case, when faced with the accused, and the circumstances of an offence, do NOT come up with sentences anywhere close to the mandatory minimums in the books there. In other words, even people who are advocates of punishment and greater punishment, when reasonably informed, would say mandatory minimum laws are too harsh. A valuable read.
05:57 PM on 02/27/2013
The multi faceted repercussions will be far reaching and affect this nation for a long period.
What is already happening is that serious, reasonable, well meaning prosecutors and judges are readjusting to the new laws. Some prosecutors are easing up and judges are issuing innocent judgements. They know that to do anything else with mandatory sentencing leads to injustices and overflowing prisons that cannot handle the prisoners they already have. The other end of this sword is corruption as we see in other countries such as Egypt and Mexico.
04:34 PM on 02/27/2013
privatizing the jails is the end game -----ensuring full occupancy ----read prfitability ---

are the first stages of the groundwork
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07:26 PM on 02/27/2013
Yeah you got it.Then drive down costs.I dont like the outlook for poor and disadvantaged people in the new Canada.
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Douglas Sinclair
sufferin' succotash!
10:53 PM on 02/27/2013
Bust another few unions at the same time...Hey, why not?

(still looking for that sarcasm emoticon...)
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