The Benefit of Time – The Crime Bill and Harper’s Priorities

While Stephen Harper is preparing to recall Parliament, the anticipated whirlwind session will see a fulfillment of the Conservative’s legislative priorities. The return to the Commons is going to be framed using four broad priorities: the budget’s “low-tax plan for jobs and economic growth” to aid the recovery and their “low-tax plan for families,” including the budget’s tax cuts; legislation to crack down on elder abuse; slaying the deficit; and the omnibus crime bill.

Tabling the omnibus crime bill containing a rewrite of justice laws will fulfill their tough-on-crime agenda. This crime bill will be a bundle of 11 pieces of law-and-order legislation wrapped into one bill that the Conservatives promised to pass within 100 days of taking power.

The 11 justice bills that will comprise the omnibus crime bill would:

•   Crack down on organized drug crime
•   End house arrest for serious and violent criminals
•  End house arrest for serious personal injury offences such as sexual assault
•  Eliminate pardons for serious criminals
•   Establish tougher sentences and mandatory jail time for sexual offences against children
•  Strengthen the handling of violent and repeat young offenders (Sébastien’s Law)
•  Give law enforcement and national security agencies up-to-date tools to fight crime in today’s high-tech telecommunications environment
• Give the government more discretion when considering requests to transfer Canadian prisoners to Canada from other countries
• Provide police and the courts more tools to investigate and prevent terrorism
• Allow victims of terrorism to sue perpetrators and supporters of terrorism in Canadian courts
• Streamline long and complex trials

This pledge has recently been clarified as being 100 sitting days in the Commons. Thus, the crime bill could take until the fall to be made into law. Time then seems to be on their side, so to speak, giving the Conservatives a chance to review all its components and consider the consequences.

The Tories’ “Here for Canada” plan focuses on five key priorities:

• Creating jobs through training, trade and low taxes.
• Supporting families through our Family Tax Cut and more support for seniors and caregivers.
• Eliminating the deficit by 2014-2015 by controlling spending and cutting waste.
• Making our streets safe through new laws to protect children and the elderly.
• Standing on guard for Canada by investing in the development of Canada’s North, cracking down on human smuggling and strengthening the Canadian Armed Forces.

Will Mr. Harper be able to achieve his justice bill pledge, see the crime bill reach fruition in 100 sitting days? Or will the Conservatives, given the benefit of time to consider its ramifications, take a more gradual approach that allows Canadians to understand its impact more fully and to provide input.

‘The New Canadian Pardon: More Expensive & Harder To Get. Really?

The Canadian Government has proposed that the cost of applying for a pardon be raised to $631, after only recently raising it from $50 to $150. Some people feel that those who commit crimes should have to pay for their own rehabilitation, whereas others feel that if getting a Canadian pardon proves too difficult or expensive, many will never be rehabilitated.

Quite interesting is the fact that, for pardoning criminal records, the price is under debate at the same time as the general requirements: Is the pardons process strict enough, or should it be made more difficult?

This raises two important questions for discussion:

Raise the price? The Government claims it would offset the cost to the taxpayer – a claim that defies logic to some degree. Consider that taxpayers’ money is used to administer the justice system. Raising the cost of a pardon – and quite significantly - would prove obtaining a pardon prohibitive for many, most likely because their criminal records are currently preventing them from  becoming gainfully employed. Not being gainfully employed results in the individual NOT being able to contribute to the public purse, and in some cases actually taking more away from it by relying on some form of public assistance. These people want to work. They are willing to pay taxes. Why stop them?

Make the process more difficult? One might well wonder what end this would serve. Take economics out of the equation. People who are legally entitled to receive a criminal pardon and are well rehabilitated or certainly have learned their lesson should not be further tripped up with another stumbling block. These are people who are working hard and are contributing members of society. The Canadian pardon process is already fair and effective, although it requires accuracy and thoroughness both on the part of the Parole Board of Canada and the applicant. Many people seek the assistance of Client Specialists to assure accuracy & thoroughness to better guarantee success with their application. But why make the process more complicated? A person who is working hard at life and contributing to society is not planning crimes. Do they really need more paperwork in Ottawa?

Because the spectrum of crime in Canada is so great, the likelihood of the average person knowing and/or associating with someone who has a criminal record is actually very high. Many everyday people have a minor conviction along with a criminal record. Most of these convictions usually result as a lapse of better judgment rather than an outright strategic criminal endeavor.

To make pardons more expensive or more difficult to obtain would be harsh and counterproductive to the average person.

Ultimately it will take more money away from the Government through lost future employment taxes than is collected from a one-time increased application fee. Rather than serving as a significant deterrent to the intended criminal, it hinders the productive rehabilitated individuals and looks more like an immediate, non-logical cash grab by the Government.