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The Conservatives' Crime Bill: Mean, But Not Lean

Posted: 10/11/11 09:45 AM ET

With a majority government, the Harper Conservatives have indicated that they now have electoral support for their agenda of dramatically increasing Canada's prison population. Justice Minister Rob Nicholson recently told the media that his government has " a strong mandate to move forward."

Close attention to relevant data -- or even basic arithmetic -- does not appear to be a hallmark of the current government. Slightly less than 40 per cent of Canadian voters cast their ballots for the Conservatives earlier this year, and only 61 per cent of eligible voters actually made it to the polls. The reality, then, is that the Conservatives -- and many of their policies -- would appear to have the support of less than 25 per cent of adult Canadians.

But let's put aside their misplaced attribution to popular support. What of the crime bill itself? There are a few positives here, but let's look at just two elements that will cost us billions of dollars over the next five years, mostly in the form of new prison construction and the associated costs of incarceration. First, the proposal to end conditional sentencing, commonly known as house arrest, for a wide range of crimes: theft over $5,000 and breaking and entering are two of the more prominent of these offences.

Conditional sentences have, to date, significantly reduced rates of incarceration and saved tax dollars, without any corresponding reductions in social safety. In fact, study after study has revealed that incarceration imposes significant harms on most offenders, typically increasing risks of further involvement in crime. The Harper government simply believes that the evidence on these points is irrelevant -- that the morally appropriate response is to impose a greater (and more expensive) measure of pain on those who commit these crimes.

Even more costly and more bizarre, given the support of a majority of Canadians for the decriminalization of cannabis, is their plan to imprison anyone who grows six marijuana plants or more -- for a minimum term of six months, irrespective of whether they have employed any violence in their operations (an RCMP study of marijuana cultivators reveals that less than 10 per cent of those apprehended are engaged in any kind of violent activity).

Why such apparently mean-spirited approaches, particularly when crime is declining, and there is no credible evidence that these initiatives will reduce crime? The price tag -- at least $2 billion over the next five years -- forces us to realize that this is not a fiscally conservative approach to the problem. We all want more social safety, but these initiatives won't get us there. Instead, the Conservatives are prepared to spend billions on policies that have long been discredited, and have no hope of any tangible return on investment.

The best answer is that this debate has very little, if anything, to do with evidence. The Harper Conservatives believe in punishing crime, even if the costs of their effort reduce Canadians' accessibility to health care and education. Their policies on crime are simply a window into their emotional and ideological worldview.

With a majority in place, the Conservative government now has the opportunity to tell us what they really think -- or more to the point, to impose themselves on the rest of us. As Bob Rae has said, the sad reality is that it will be left to future governments to clean up the mess that they are creating.

 
With a majority government, the Harper Conservatives have indicated that they now have electoral support for their agenda of dramatically increasing Canada's prison population. Justice Minister Rob Ni...
With a majority government, the Harper Conservatives have indicated that they now have electoral support for their agenda of dramatically increasing Canada's prison population. Justice Minister Rob Ni...
 
 
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07:47 AM on 12/07/2011
". . . no credible evidence that these initiatives will reduce crime."

Excuse me? How about the plummeting crime rates in the US after the implementation of the Three Strikes policy? The connection is undeniable; the peak of the rise in crime is in 1992 and the dramatic decline starts in 1993, after states started implementing the policy. Tough-on-Crime doesn't work - ha! think of New York City. Or Chicago. Chicago homicide rate,1992: 943; 2002: 647, 2010: 435

Let me give you two scenarios. (1) career criminal is treated to revolving-door justice system, spends most of life out of jail, stealing and selling drugs; his victims often don't even bother to report his crimes; (2) career criminal lives in Crime Control country (for example, the way CANADA was historically), has fewer opportunities to commit crime, because he is usually in jail. It's not brain surgery.

I agree the fact that crime has drastically increased since the 1960s suggests a profound problem with our culture - we need to look at root causes. But that doesn't mean governments should stop fulfilling their most basic responsibility; maintaining law and order.
10:52 PM on 10/11/2011
The Harper gov't foresees the possibility of more poverty implementing austerity. They want to ensure any unrest is quickly put down with huge police presences and lots of cell space. The wealthy owners want a smooth transfer of wealth and economic instability in the world may bring hardship to Canada. If it does the gov't will feel safe surrounded by an army of police. Dissenters, protestors and potheads.....have a cell being built for them as I type. Money is never any concern when the wealthy spread the cost of security to the tax base;)
03:28 PM on 10/11/2011
The truth of the matter is that crime is not down. Only the reporting of it and in most cases you are discouraged from pursuing the compliant or offence, due to cost
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haddanuff
Progressives think 'We' while cons think "Me"
03:58 PM on 10/11/2011
All legitimate reports say that crime is down.

39%ers always twist facts to suit their argument.
01:14 PM on 10/14/2011
I for one have been discouraged twich. Whte coller crime is not even thought of as a crime by most people until they lose there money. Most people beleive the justice system is there to protect tthem until they get caught up in the system to find out they crooks have nmore rights than they do. Also ask the cop on the beat they will tell you its not always reported.
06:29 AM on 10/12/2011
Where are your facts?
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JeanFrancois Lord
02:43 PM on 10/11/2011
Reform party are terrorists.
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11:29 AM on 10/11/2011
One can either be mean to the people who commit serious crimes, or be mean to their victims. Pick your poison.
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Tony Pepperoni
Where did all the good Republicans go?
12:04 PM on 10/11/2011
Ideologues think in black and white. Growing 6 pots plants is not a serious crime IMO. Sorry, but the only poison is the fear coming out of Ottawa.
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01:43 PM on 10/11/2011
Grow ops (which is what this is targeting) are a serious danger to the public. They attract violence and they tend to burn down from the do-it-yourself wiring.
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Kristopher Leang
training to take down the elite
01:16 PM on 10/11/2011
idealogues, and the simple minded think black and white as the other said. what are you even talking about? who is the victim in the situation where that dude is growing sevve small plants for his personal consumption? also as he said the only poison is coming out of the lieing mouths of you and like minded conservatives who try and turn their beliefs into evangelican scale "good vs evil" "your either helping the victim or criminal" arguements.. despite as we said the majority of canadians agreeing there is neither a crime nor a victim in this instance. ahah nice try reinventing reality.
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01:36 PM on 10/11/2011
We all know that six pot plants or more is likely intended for sale.

I've seen the damage that grow-ops do. You would not want one in your neighbourhood. They're dangerous, they're often associated with organized crime such as bike gangs, and they attract violence as the growers protect their cash crop.

Not ideology, but practicality.
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11:27 AM on 10/11/2011
House arrest was originally intended as a halfway point between imprisonment and parole for less serious crimes. Unfortunately it didn't stay that way. The justice system began allowing house arrest even for violent crimes, something that was never intended.

This hole must be plugged.
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Kristopher Leang
training to take down the elite
01:18 PM on 10/11/2011
and does this stop only violent criminal offenders from getting hosue arrest/ ohh no it doesnt hmm... maybe the only hole that needs to be plugged is in your brain. you cant even workout basic cause effects patterns.. not that is even nessecary here since the bill doesnt only enforce these on violent criminals. its more a "read the facts" than any sort of deep deductive or logical questioning. an 11 yr old cud of figured that out reading the bill.
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02:42 PM on 10/11/2011
When you resort to insults you've lost the argument. Go debate yourself.
11:13 AM on 10/11/2011
It is throwing red meat to their base, and those suspicious of the influence on the Harper regime of US prison industrial complex firms are probably correct. They also hope to profile themselves based on standing up to tabloid critiques of bad guys "getting off. Unfortunately, reality does not follow conservative myth. Putting marginal people in jail for longer only creates more criminals, particularly since Canada won't tolerate the types of sentences the US customarily exacts, which means that the people affected, particularly when the bills become due, will get out before the promised date. Also, stringent cannabis laws against the wishes of the majority of the population will lead to further stress. Jury nullification will be an issue. It also will be an issue that even those in charge of enforcing the law will have hypocrisy questions based on their own histories with the substance.
10:20 AM on 10/11/2011
Excellent article.....The question is whether the public is interested enough to try to stop, or at least slow, passage of the omnibus crime bill. We know the Harper tea-o-cons want to rush through the bill, probably to avoid this publice scrutiny. We must not let it happen!
01:05 PM on 10/11/2011
Nothing can be done to stop them. They have a majority in the House (not with Canadians). The NDP can fillibuster, but ultimately, the bill will pass. Welcome to the new order, with "preventative arrests", and the police's ability to hold someone without charges if the police believe they have "knowledge of terrorist activities".

You do realize that posting on this site could be construed as a terrorist activity, since you are suggesting opposition to the government.
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10:08 AM on 10/11/2011
The answer is simple. The conservatives are appealing to their base after many years masquerading as moderate to achieve a majority. This base happens to be ignorant, ideological, and fond of wild-west, cowboy "justice." You can throw the facts in their faces but it will never matter.
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Cariboofly
Aye, Ready, Aye & Semper Fi
10:05 AM on 10/11/2011
"Conditional sentences" have also been an unenforceable JOKE. Why is it that someone who commits a crime should NOT have to "do the time"? NONE of the offenses listed in the crime bill are "minor", so why should there not be serious consequences for them ??
10:59 AM on 10/11/2011
Yes, 6 pot plants is a 'serious' crime.....Suspect a good portion of the BC (and a sizeable number in Ontario too) rural population are worried about this particular term....
09:38 AM on 10/11/2011
Follow the money. In the U.S. the "prison-industrial complex" -- the mix of police, prosecutors, judges, prisons and myriad associated occupations -- is now seriously warping the criminal justice system. People familiar with the PIC are now charging that state and federal legislators are being lobbied to tighten laws merely to ensure that more people are charged and incarcerated, thus increasing the budgets and profits of all involved. For-profit prisons and related industries have proliferated in recent years, turning new inmates into a valuable commodity. It's just another example of how North American capitalism has mutated into a form that is poisoning our society.
11:01 AM on 10/11/2011
Add to this that the prison population in the US (I don't know about Canada) is increasingly being used to do work for local governments and corporations, and the motivation to incarcarate as many people as possible for even minor, non-violent offences, becomse even more questionable.