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Irwin Cotler

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A Tale of Two Crime Bills

Posted: 12/19/2011 3:58 pm

With the Government's omnibus crime legislation, C-10, having passed the House, and the Conservatives now turning their attention to abolishing the long-gun registry through bill C-19, one may wonder if the Government has a consistent strategy with respect to its crime and punishment agenda.

Regrettably, upon analysis of both proposals, the one common feature is that both initiatives ignore, marginalize, and mischaracterize the evidence. Indeed, the Government's approach to and justifications for both bills are arguably polar opposites, much like the two cities of which Dickens writes in his seminal work.

First, whereas the organizing motif of Bill C-10 (the omnibus crime bill) is the protection of public safety -- which we all support regardless of party -- Bill C-19 will endanger that very public safety. Indeed, countless studies and expert witness testimony assert time and time again how the registry and its data save Canadian lives.

Second, whereas C-10 purports to speak in the name of the victims, C-19 ignores the very voices of the victims themselves who oppose this legislation. Indeed, while the Government's refrain on C-10 was to characterize those in the opposition offering critique as being "anti-victim," victim groups have spoken out en masse against the abolition of the long-gun registry and deletion of the records therein.

Third, whereas C-10 was intended to combat violent crime, C-19 ignores the evidence that the long-gun registry protects precisely against such violent crime. In particular, it protects against domestic violence, community violence, workplace violence, and violence against women. Indeed, while the Government claims to be protecting with C-10, it is putting Canadians at risk through C-19.

Fourth, whereas C-10 purports to rely on support of police associations -- and we are asked by the Government to heed them on this -- C-19 is opposed by those very same police organizations. Indeed, at committee hearings just last month, the Canadian Association of Chiefs of Police spoke in favour of maintaining the registry as is.

Fifth, whereas C-10 purported to consult with provincial and territorial attorney-generals prior to its introduction and Quebec Justice Minister Jean-Marc Fournier's disappointment and disapproval of the legislation is widely reported -- C-19 has been tabled without any consultation with provincial and territorial attorney-generals, and again ignores the views of Quebec, which is initiating legal action to retain access to the records in the long-gun registry.

Sixth, whereas C-10 will offload costs of the Safe Streets Act legislation on the provinces that must enforce it, C-19 seeks to eliminate all the data that would enable the provinces such as Quebec to initiate their own registry -- an enormous waste of public investment by a government that professes concern about the registry's waste.

Indeed, the only points of similarities are on issues of evidence wherein both pieces of legislation ignore the facts. For example, whereas C-10 advances mandatory minimum penalties -- punishments proven to be ineffective deterrents -- C-19 scraps a registry that has been proven to be effective at saving lives.

In summary, C-19 is essentially just another Conservative policy that is ideologically inspired with a willful and reckless disregard for the evidence, much like C-10. Certainly, there is no requirement that legislation in Canada be based on facts and evidence, but one would hope, at a minimum, a Government would at least have a consistent approach to its crime and justice agenda -- let alone one anchored in the evidence.

 
 
 
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HUFFPOST SUPER USER
canuckistaneh
Science!
04:45 PM on 12/21/2011
Actually colpy the correlation is 2.7 to 1. The US has 3 times as many guns/pop and 8 times as many deaths/pop for a ratio of 2.7:1 times as many deaths per gun in the US. You are correct when you say more guns equals more deaths, but it is not 1:1(0 correlation) but 2.7 to 1 very high correlation. I just did the math from the links you gave me.
Dinsdale Pirahna
"lookin' out the 'ole in the wall"
10:44 AM on 12/21/2011
"Tough on crime" and "Scrap the long gun registry". Do the CONS even know how ridiculous that sounds? Next we'll have "the right to bare arms". Psychos running the government.
HUFFPOST SUPER USER
colpy
02:21 PM on 12/21/2011
"Easy on criminals!'

"Persecute gun owners!"

Now there is a ridiculous clash of logic..........BTW, it is BEAR arms, and we already have that right............
Dinsdale Pirahna
"lookin' out the 'ole in the wall"
10:35 AM on 12/21/2011
"Tough on crime" and "Scrap the long registry". The CONS don't even realize how ridiculous that sounds.
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laymancanuck
IGNORANCE has used up its quota of TOLERANCE
06:08 PM on 12/20/2011
I'm deeply concerned the Conservatives are instituting an American style justice system. A system that ignores research and is motivated by 'Law and order' propaganda in order to keep for profit prisons filled. The America system is a failed model, Norway is far more progressive.
HUFFPOST SUPER USER
colpy
11:29 PM on 12/20/2011
Yes, and Norway's very strict gun control keeps them so safe......
HUFFPOST SUPER USER
canuckistaneh
Science!
01:02 PM on 12/20/2011
"the one common feature ... marginalize and mischaracterize the evidence." While I don't agree with everything in this article, this one notion stands out as possibly the single most disturbing attribute of the 'Harper Government'. It has such deep ideological roots that it partially explains the disturbingly negative attitude of New Right adherents (such as Harperites) to judges, judicial processes and traditional Anglo-American jurisprudence in general. So much so that Newt Gingrich recently suggested that 'Anti-American' judges be severely reprimanded or dismissed for daring to arrive at judgments that he (or the New Right) disagreed with -- presumably based on 'evidence', not New Right 'values'..
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HUFFPOST SUPER USER
Nadine Lumley
unseatHarper circle ca
11:26 AM on 12/20/2011
Janet Hazelton, president of the Nova Scotia Nurses’ Union, dismissed the Conservatives’ argument only a small percentage of crimes involve long guns.

She said 88% of Canadian women who are killed with guns are shot with long guns, (source: Globe and Mail)

http://www.theglobeandmail.com/news/politics/long-gun-registry-critical-to-fighting-domestic-violence-coalition-says/article1709292/
HUFFPOST SUPER USER
colpy
03:56 PM on 12/20/2011
That's lovely........care to turn that into numbers for us????

It is a much lower number than you probably think.

Then tell how a registration certificate prevents someone shooting their spouse.

Here's a hint: It doesn't.

The registry is useless.
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HUFFPOST SUPER USER
Nadine Lumley
unseatHarper circle ca
11:25 AM on 12/20/2011
AN OPEN LETTER ON VIOLENCE AGAINST WOMEN AND THE LONG GUN REGISTRY FROM YWCA CANADA

As the nation’s largest single provider of shelter to women and children fleeing violence, YWCA Canada knows the long gun registry is a public safety tool that makes women’s lives safer. Across the country, our shelters tell us the long gun registry is useful and needed. Our rural shelters tell us police consult the long gun registry every time they go to a domestic violence incident. These are not automatic checks, but deliberate and specific searches for the presence of firearms in the home, especially long guns.

http://ywcacanada.ca/en/media/press/41
HUFFPOST SUPER USER
colpy
03:59 PM on 12/20/2011
That's lovely. What the YMCA doesn't tell you is that registrations are NOT tied to any specific address, they are tied to a license, and may be loaned to other licensees, or at differing addresses for any number of reasons.

The only dependable indication of the presence of legal firearms at a specific address is the license......and the License provisions will remain after the LGR is gone.
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HUFFPOST SUPER USER
Nadine Lumley
unseatHarper circle ca
11:25 AM on 12/20/2011
Contract KickBacks:
Lessons on How Harper’s Reform Party is Run:

A “Fat Cat Businessman” gains the trust of a government official. Soon “Fat-Cat Businessman” gives government / politician guy wads of cash in exchange for unfettered access to all the good juicy untendered contracts.

The following is optional: Soon Fat-Cat is blackmailing the government guy for lack of ethics. End result is government guy becomes Fat-Cat's beyotch. Fat-Cat now completely owns and controls government politician guy.

Everyone else in society is left scratching their heads trying to figure out why politician guy makes such weird and crazy policy decisions that make NO SeNSE.

http://www.thestar.com/news/canada/politics/article/978404
HUFFPOST SUPER USER
montezaro
10:19 AM on 12/20/2011
If Don Corleone says there will be no gun registry, than there will be no registry. Capisci?
HUFFPOST SUPER USER
colpy
04:03 PM on 12/20/2011
Don Corleone WANTS gun control....it fact, the Sullivan Act, which banned the possession of handguns in NYC without a permit, was passed by corrupt politicians of Tammany Hall at the behest of gangsters, who were tired of their "protection" collectors getting shot at by store owners.

Gun control is people control. Anyone that exploit people loves gun control.
09:53 AM on 12/20/2011
"C-19 ignores the evidence that the long-gun registry protects precisely against such violent crime."

WHAT evidence? There IS no evidence. Everything is emotion, and emotion is NOT evidence. Law based on emotion should NEVER be passed. The Liberal Gun Law presupposes that EVERYONE that owns a firearm is a criminal and should be treated as such. The law is just liberal garbage, and should be repealed in it's entirety. More women have been beaten, many times to death, by someone under the influence of alcohol than have ever been killed by a firearm. How would you YOU like it if the Government made the simple possession of alcohol a criminal offense. then passed the requirement that you NEED a Liquor License to buy and possess alcohol or be jailed for 5 years. Then, publicly insinuated that ANYONE with a Liquor License should be watched, tracked, and have many of their basic rights removed, because they were ALL not to be trusted. ALL of them, every last one of them, were just future drunk drivers, biding their time to get behind the wheel and kill someone. THAT'S what the Liberals did to hunters, collectors and target shooters. That's why the entire Liberal Gun Farce should be repealed for a return to the previous F.A.C. system that made NO ONE a criminal for the legal possession of a firearm they have safely owned for 50 years!
HUFFPOST SUPER USER
Donnerskinde
I used to be a people person,till people ruined it
12:17 PM on 12/20/2011
How would you feel if the government required that you insure and register your vehicle and have harsh penalties and fines associated with not doing so.....oh wait......right.....no issue there.
02:40 PM on 12/20/2011
Not the same.. I don't have to insure OR register a vehicle unless it's driven on public roads.. I will agree with you when the law says you go to prison for 5 years if you don't register your car/dog/whatever, and if your license expires, the cops kick down your door a 3am, confiscate your dog/cat/car, and arrest you.. This money sucking, useless bureaucracy is toast. and there is nothing the NQDP (New Quebec Democratic Party) or any other leftist group of malcontents can do about it.. So, Get over it! In the words of the X Liberal Just-Us minister Anne McClellan, "The Debate is OVER"
06:15 AM on 12/20/2011
c-10 would give someone growing 6 pot plants more time in jail than someone who flashes a kid,I'm not sure how anyone can support that.
HUFFPOST SUPER USER
Hjorlejf
08:43 PM on 12/20/2011
I'm sure that it takes a lot of coporate dollars to buy off those polititions.
04:55 AM on 12/20/2011
Excellent article thank you for that. Finally a sane and rational voice that shows the in-congruence In the Harper governments approach that shows them for the political showmanship that is at the heart of it all and the lack of sincerity in any of their moves. My thanks to Mr. Cotler.
09:19 AM on 12/20/2011
Harper thinks of himself as the George Bush of the North. The Tories' decision here is purely ideological. Mr. Cotler, on the other hand, is both analytical and intellectually honest. I sincerely hope that the Canada will heed his warnings.
HUFFPOST SUPER USER
jamster88
11:36 PM on 12/19/2011
'The facts' are that violent offenders are not getting the jail time that we all agree that we should get because we simply don't have enough spaces.
09:25 AM on 12/20/2011
Whereas that might be the case, getting rid of the gun registry for purely ideological reasons is not exactly a great idea. Building more jails might be necessary. Scrapping the gun registry is not. Packaging a whole bunch of legislative bills together is a terrible way to legislate, and it is very American. The point of legislation is not to beat the 'other' party by passing as many laws as possible that are in sync with one's ideals. The point is to come up with laws that actually improve the lives of their constituents.
HUFFPOST SUPER USER
colpy
12:14 AM on 12/21/2011
You are correct that packing bills together into omnibus legislation is simply a terrible way to legislate.

The idea is to do what you were elected to do, and "scrapping the registry" has clearly been part of the Conservative platform. They are now elected with a solid majority, and scrapping the registry completely is the only ethical way forward.
HUFFPOST SUPER USER
okgranny
Egalitarian by birth
07:52 PM on 12/19/2011
Recall this pathetic excuse for a government.
HUFFPOST SUPER USER
colpy
08:49 PM on 12/19/2011
Guess you should have voted Reform back in the day, huh?? :P
11:01 AM on 12/20/2011
The only way to stop Harper is to not split the vote!
Urge your NDP - Liberal and Green party leaders to Merge.

Let Harper feel what a true majority of 64% feels like!
HUFFPOST SUPER USER
colpy
12:18 AM on 12/21/2011
Please do!

And watch a major part of the Liberal Party flee to the Conservatives.......while some of the looney left of the NDP flake (pun intended) off into splinter parties. Oh, and they will still leave behind enough real lefty weirdos to alienate the vast majority of the Canadian people.

Another Conservative majority.

The only hope for the opposition is a good, solid, sensible competent leader to inspire a resurgence of the Liberals.
HUFFPOST SUPER USER
colpy
07:48 PM on 12/19/2011
I am a Conservative Party member, but I do have serious problems with the Crime Bill. The cannabis provisions are ridiculous, and mandatory sentencing removes all flexibility from the justice system.


That said, the two Bills considered here have one major difference:

The Crime Bill is aimed at criminals, drug dealers, young offenders, and violent offenders.

The Firearms Act, of which the LGR is part is aimed at everyday citizens. It should be completely dismantled, and replaced with simple licensing provisions.

My challenge to the Liberals and NDP is this: Why do oppose making life harder for the criminal element, but support laws that focus on citizens?
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HUFFPOST SUPER USER
Tony frm Banff
Search for truth,not spin
09:18 PM on 12/19/2011
All guns should be registered, if you have to get a firearms licence why not register the firearm, that way we have an idea of how many are out there. Dam we register pistols, dont we? And they are the same, they both fire bullets.
A law abiding citizen registers their car, they get a boating licence if they have a boat.
HUFFPOST SUPER USER
colpy
09:42 PM on 12/19/2011
WHY?????

The registry is useless. The handgun registry as well, but getting rid of that is politically impossible.

The car analogy drives me nuts. It is apples and oranges. Just to begin with, you do NOT have to register your car unless you intend to drive it on public roads.

Tell you what, I'll register every rifle I intend to fire on public roads.
10:37 PM on 12/19/2011
Given that every driver in this country needs to get a driver's licence, and every vehicle needs to be registered, it's hard to argue that requiring citizens to register their firearms represents serious hardship. The status quo does not prevent long gun ownership for legitimate, lawful purposes -- and, indeed, with the Conservatives waiving the registration fees for the last five years, it doesn't even represent a financial burden on long gun owners.
HUFFPOST SUPER USER
jamster88
11:40 PM on 12/19/2011
It's not the 'hardship' that is the issue, it is the bureaucracy and cost vs. benefit.

There is no 'upside' to the registry, and the 'downside' is a multi-billion dollar boondoggle and a small infringement on civil liberties.

If 'long guns' were a problem then you'd have a case.

This is a perfect example of how government consistently doesn't allocate resources efficiently - you take a rational that sounds good on paper, and presto - billions of dollars of burned for no advantage.

P.S. If you don't want to take your car on the road, and just want to use it on private property - you don't have to register it I'm sure. Same with long guns.

Think of how many people are wasting a way in hospitals and in waiting lines for MRI scans? Those billions could be better used.