Canada: Feds Slam British Columbia Judges Soft Stance on Crime

by Barry Artiste | September 26, 2007 at 02:47 pm
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Canada: Feds Slam British Columbia Judges Soft Stance on Crime

Canada: Feds Slam British Columbia Judges Soft Stance on Crime

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Opinion
Barry Artiste, Now Public Contributor

British Columbia's Chief Provincial Judge Hugh Stanfield, the Criminals "Patron Saint of the Crying Game", lashed out at Federal Minister of Public Safety Stockwell Day for remarks made by Minister Day over British Columbia's Justice systems lackadaisical approach to criminals in what seems like a crime a minute in the Lower Mainland. Judge Stanfield in his quest for excuses in that Jail for criminals is not the answer, versus Minister Days retort is Book em and Jail em and throw away the key.

Apparently Judge Stanfield's statement to Day on Judges handling 100,000 criminal cases every year in the lower mainland must mean British Columbia Justice System releases far more criminals than it jails with some criminals standing before his Judgeship over 70-80 times.

If British Columbia's Judges as they say are hitting a 100,000 criminal cases a year in what seesm to be an never ending Catch and Release program we have a problem Now Public Readers.  Couple this with a total population in British Columbia of 4 million, what we have is 0.025% of the population is involved in criminal activity. That is not taking into account of numerous repeat offenders.

My Final Thought

Based on my above estimate, what we have here is a National Friggin State of Emergency. The BC Justice system has some serious explaining to do. We have laws in this country where Justice and the corresponding offence is to be meted for each particular crime as stated in the criminal code.  Apparently BC Judges are taking the interpretation of the laws sentences into their own hands resulting in different sentences in BC for the same offence.  If I were Day, I would be handing out Pink Slips faster than you could say "G'Day" and don't let the Judges Chambers door hit you unemployed Judges in the ass on the way out!.

 Below is the Story in the Media

A high-powered war of words has erupted over appropriate sentencing for criminals.

Federal Public Safety Minister Stockwell Day and Hugh Stansfield, B.C. Provincial Court chief judge, are locking horns over whether career criminals get too easy a ride from judges.

In an online commentary to his constituents last week, Day (Okanagan-Coquihalla) blasted B.C. judges for handing out short jail sentences, particularly for repeat offenders.

"Especially in some courts in the Lower Mainland, there seems to be a trend, if not a rule, that the more crimes you get busted for, the less jail time you get hit with," Day wrote.

He said unnamed police chiefs have complained to him that many offenders have been convicted "up to 70, 80 or even 90 times!"

"Judges seem to give these prolific law-breakers shorter sentences as they continue to get busted for their car thefts, home invasions, b-and-e's etc."

Stansfield wouldn't let Day's criticisms go without a stinging response, calling Day's comments "melodramatic," "simplistic" and "misleading."

"If Mr. Day wants to come out and spend some time with me and learn how the systems works, I'd be delighted to do that," Stansfield said yesterday. "But I find his comments unhelpful and misleading."

Stansfield said Day is referring to the particular problem of repeat criminal offenders -- many of whom are homeless people with mental illnesses -- who live in the notorious Downtown Eastside.

He said Day is wrong to "melodramatically suggest" that a significant number of offenders have been charged more than 70 or 80 times.

And he said Day is wrong in saying that the more times people get convicted, the shorter their sentences become. In fact, said Stansfield, the opposite is true.

What most upset Stansfield is Day's suggestion that the solution to Vancouver's drug-and-crime problem is to lock addicts behind bars for lengthy jail terms.

He said B.C.'s provincial courts handle about 100,000 cases each year. About 17,000 of those are in downtown Vancouver.

"Downtown Vancouver has the greatest difficulty with chronic offenders," Stansfield said. "The Downtown Eastside has a significant population of deep-set problems, with mentally ill people who are often drug addicts, who are living on the street.

"To think that these social problems can be solved by sending people to jail for longer terms is a really simplistic and unfair approach."

If judges did throw every repeat offender into a federal prison, Stansfield said, there would not be enough prisons to house them all.

Melisa Leclerc, a spokeswoman for Day, said the government "does not support a revolving-door justice system."

"We made clear commitments in our election platform to address the problem of serious repeat offenders," Leclerc said.

"That is why we have proposed mandatory and escalating jail time for repeat offenders."

David Toner, a spokesman for Vancouver-based Families Against Crime and Trauma, believes more jails are what Canadians want.

"If that's the only thing holding judges back, let's build them," said Toner. "There's a surplus in the budget -- I'm sure it would make people happy to build more prisons."

http://www.canada.com/theprovince/news/story.html?id=f834b4a7-aa1c-463d-b57d-3bc072e4cd96

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moonwolf
moonwolf
flagged this story as Good Stuff

at 16:49 on September 26th, 2007

Though there are obvious challenges in the administation of justice I believe Stockwell Day's ill-advised outburst was both inappropriate considering his position and oversimplified, which if we remember Chock-A-Block Stock from his previous existence is totally normal.

Lock'em up and throw away the key doesn't work, and has never worked as has been proven utterly and completely over and over again.

For the Federal Minister of Public Safety to publicly flail the judiciary is beyond foolish, it is irresponsible.  Judges have a tough enough challenge trying to deal with all the ills of our increasingly belligerent and dysfunctional society, and we want them to do it so we don't even have to look at the situation.

One must assume that judges are men of considerable character with a highly evolved sense of responsibility, who face challenges within their jobs we can't even imagine.  Day, who has no credentials to be in his current position other than being a dogged hanger-onner produced no facts or figures to back up his accusations which undermine the judges' ability to do their jobs.  If he wants to involve himself then he should do something constructive in a way befitting his station.  

The other question that comes to mind is the situation with an already overcrowded penal system; should we decide to lock 'em up where do we put them all?  

I have no desire to live in a country that incarcerates a large percentage of its population, such as the penal capital of the world, the USA.  The incarceration rate in the USA has not diminished crime whatsoever, in fact it has contributed to the explosion of criminal activity by becoming Bad Guy University, turning out a huge number of well versed crooks and killers.  Funny how the state pays for this prison education system, but kids have to sink themselves 80k in debt and become virtual debt slaves to get the kind of education needed to preclude criminal behavior.

The Federal and Provincial Government need to realize that more jails and stiffer sentences don't deal with the social roots of the problems causing the criminality in our society, and they need to get off their duffs and start asking the hard questions and putting money towards long term solutions for crime's intransigent causes. Child poverty, racism, lack of youth facilities and programs, marginalized single parent families, intractable levels of violence towards children in the home, illegal guns flooding our streets from the USA, are just a few of the causes which our leaders never seem to have the guts to come to terms with.

There are no pat answers on this issue.  If the "solution" is contained in a brief ill-advised outburst like Day's it is no solution at all.

It's good stuff.

0
Barry Artiste

Thanks Moon, though I disagree on some of your points, you do make valid points elsewhere.

But you have to give me this one, 70 to 80 crimes by one person and still released back into the public, now something is sorley l;acking in the judical system here as the public will agree as would Day./ 

Thanks for your comments. 

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moonwolf

Your welcome Barry.' and thanks for posting this.  Though we disagree on some points we do agree that the issue should be front and center for all Canadians to have substantive conversations about.  That's how democracy works.

I believe the judge denied the 70-80 crime accusation didn't he?  Who ya gonna believe, a politician with the history and background of Stockwell Day, or a Judge?

If this is true then Day's department should be acting through proper channels rather than trying to destroy the credibility of our judges, and throw a cloud of doubt over the administration of justice in our country using unsupported gossip and innuendo! 

0
mtippett

I wonder what the charges are with these alledged repeat offenders.  Are they picking up junkies for smoking pot or drinking in public or are these people doing real harm?  It makes a big difference.

0
moonwolf

To the best of my knowledge that is a large part of the statistical picture, but more criminals committing more serious infractions like B&E's and auto crime are also in the revolving door phenomenon.

The other point I must make here, is that the Canadian Judicial and Criminal Justice systems are weighted heavily in favor of youth, and I applaud this for the "soft hands" approach.  The idea that some errant young people may need several slaps and a lot of help before they get their poop together is inherent in the way the system works.


blueshoe
blueshoe
flagged this story as Good Stuff

at 01:30 on September 27th, 2007

Barry Artiste, I like this story. It's good stuff. this story hits the nail on the head . We need more prisons and tougher judges, we need to clean up the streets. DTES is a food example of how bad it can get. Drugs and Crime its a mess.

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