Volume 46
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Issue 10
Chicago
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November 21, 2011
Photos by Andrew Tan Article by Cornel Grey
more on page
7
The Omnibus Crime Bill
Comparing crimes that aren’t comparible By Sara Ostrowska
Prime Minister Stephen Harper campaigned during the last election with a promise of an omnibus crime bill to carry out a tough-oncrime agenda. He has promised to carry Bill C-10, known as the Safe Streets and Communities Act, through Parliament within 100 days of forming a majority government. The bill is nothing new, as it is made up of nine individual bills that did not pass through parliament previously because of the lack of support from opposition parties. The bill includes a setting of mandatory minimum sentences and increasing severity on drug crime and young offenders. The Increasing Penalties for Organized Drug Crime Act would do three things: establish mandatory minimum sentences; increase the maximum penalty for selling marijuana; and impose higher maximum penalties for illegal activities involved with GHB and flunitrazepam (date rape drugs). However, though the bill also has a section called “Better Protecting Children and Youth from Sexual Predators,” which claims to be ensure that the penalties imposed for sexual offences against children are more consistent and better reflect the heinous
nature of these acts. This bill will do two things: establish new mandatory minimum penalties for seven existing offences related to child sexual exploitation and abuse, and increase existing mandatory minimum penalties. The bill has been widely criticized because mandatory minimums for many drug-related offenses is more severe than minimum penalties for sexual offenses. The mandatory minimum penalty for the production of 6 to 200 marijuana plants would be 6 months, and the penalty for the production of 201 to 500 plants brings a oneyear sentence, or 1.5 years if it’s in a rental or poses a safety risk. Furthermore, the maximum sentence would be increased from 7 to 14 years imprisonment. By contrast, the omnibus legislation proposes one-year mandatory minimums for sexually assaulting a child, luring a child via the Internet or involving a child in bestiality. The mandatory minimum penalty that the bill proposes for making child pornography or distributing child pornography is 6 months. This means that a person who convinces a child to watch pornography with them would receive the same sentence as some-
one convicted of growing six pot plants at home. Opposition parties also question the motives of the conservative government for pushing this bill through parliament, which will require a lot of new spending (largely for the cost of building new prisons and accommodating the larger prison populations, with longer sentences, that will follow) at a time of a record federal deficit. Since Stephen Harper’s Conservatives took power, federal spending on corrections in Canada has gone up from 1.6 billion in 2005-2006 to 2.98 billion in 2010-2011. According to Parliamentary Budget Officer Kevin Page, over the next five years this number is expected to double. The Conservatives argue that it will only cost 2 billion over the next five years. The two largest provinces, Ontario and Quebec, with crime rates among the lowest in Canada have publicly refused to pay for the crime bill over the cost and the content of the legislation. The bill has been criticized by opposition parties for being a short term solution with high costs because it doesn’t focus on rehabilitation, and will therefore keep people recommitting crimes and ending up in jail again.
A few weeks ago, conservative Republicans in Texas, the toughest crime-fighting jurisdiction in the US, such as Jerry Madden, who heads the Texas House Committee on Corrections, and Judge John Creuzot of the Dallas County Court, spoke up about the Harper government’s crime strategy, saying that they tried what Canada is about to do, and that it didn’t work. In 2004, Texas had the highest incarceration rate in the world, with one in 20 of its adult residents behind bars, on parole or on probation. While crime rates in the US fell for three decades, the rate in Texas fell at only half the national average. The across-the-border-neighbour-Conservatives claim that building new prisons will be expensive, and filling them with people, which is what the mandatory minimum sentences will do, will continue to be expensive. Republican governors and state legislators in Texas, South Carolina, and Ohio are actually repealing mandatory minimum sentences, opting for other solutions, such as increased funding for drug treatment and increasing effective community supervision, that will improve public safety, keep offenders from recommitting, and reduce the costs.
in the paper this week
centre: Selling Trent Enweying 2011 p. 4 - UNESCO membership, Trent profs react • p. 5 - Trent’s recent Rugby win p. 8 - an amazing Othello adaption • p. 9 - J.Edgar Review + Win Snowblink tkts! p.10 Trent Radio wants YOU + CMA column • p . 11 - Science Says on the brain