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Expert doubts mandatory sentences effective
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CTV.ca News Staff
Date: Wed. Feb. 25 2009 11:02 PM ET
Mandatory minimum prison sentences will do little to deter the gang activity plaguing cities across Canada, says a prominent criminal lawyer on the eve of a federal announcement of new anti-crime legislation.
The new bill, which Prime Minister Stephen Harper will announce in B.C. on Thursday, will reportedly contain mandatory minimum prison sentences for drive-by shootings and some serious drug offences.
It is also expected to include an automatic first-degree murder charge for gang-related killings.
However, Julian Falconer said Wednesday that mandatory minimum prison sentences are a misallocation of public funds.
"The truth of the matter is that there is very little, or any, criminological data that suggests they work," Falconer said during an interview on CTV's Power Play.
"The reality is that the only people that generally respond to this form of deterrence are your more opportunistic -- what one would call less-organized -- offenders. For your highly-organized offenders, your hardened thugs, there is no evidence that that form of deterrence works."
The new legislation comes at a time when B.C.'s Lower Mainland is experiencing a spike in gang activity. More than a dozen shootings in the past few weeks have led to a handful of deaths.
Oddly, while Harper visits the West Coast to speak about the upcoming legislation, two B.C. cabinet ministers will travel to Ottawa to lobby for tougher anti-gang laws.
Attorney General Wally Oppal and Solicitor General John van Dongen will meet with federal Justice Minister Rob Nicholson on Thursday to request tougher sentencing, disclosure and surveillance laws to fight gang activity.
Enforcement or punishment?
While the federal opposition parties said Wednesday they would likely support the new legislation, opposition MPs called for the government to do more to prevent crime.
"By all means punish the thugs that are wreaking havoc in communities causing death," NDP MP Olivia Chow said on Power Play. "But what the New Democrats want is to catch them before they kill and maim. Aside from punishment we have to do the enforcement."
Chow said the 2,500 new police officers the federal government promised for municipalities across the country have yet to be hired.
But Dave MacKenzie, parliamentary secretary the public safety minister, responded by saying that the RCMP has hired 1,600 new constables, more than the target of 1,000 new hires.
"This (gang activity) is not isolated to one part of the country," MacKenzie said. "It's major stuff. I think the legislation we're bringing forward will go a long way to helping the police and the prosecutors and the judges in their job."
According to Falconer, more money needs to be spent on prison rehabilitation and reintegration services, as well as programs to keep youth out of gangs.
"I'd ask the question, when we talk about gangs and gang activity, we have to appreciate that many of the individuals that make up these gangs are youth that are being recruited from the streets," Falconer said. "Disenchanted youth, and there are ways of trying to re-integrate and bring people back in the fold that aren't completely lost."
With files from The Canadian Press
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I applaud the budget, even though Health Care and education may stay unscathed. Sadly this cannot last and I worry to later this year where cuts will become enviable. If anything, this provides the Wildrose Alliance plenty of ammo when an election is called.


Comments are now closed for this story
Dane
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More Criminals in Jail=Less criminals outside of jail= less crime.
island girl
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Ron J. - Alberta
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It takes an effort to get an education and make something of yourself. These fools are too lazy and want the easy money that drugs and crime brings them. Lengthy sentences are needed to that the consequence of this kind of lifestyle is just too high for them to want to pay, thereby discouraging others to follow this path.
Hunter
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John L.
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Let me tell you, the only thing they fear is long sentences. Nothing else. They don't want to be held accountable for their behaviour which is why they love our current system that tolerates gang activity and keeps letting them out.
Minimum sentences will work, but only if they are long enough to out weigh the fun and status they get from gang life. These sentences must be at least 5 years or it will fail.
Dave in Surrey
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There is more than enough evidence that mandatory minimums do not work, do not justify the expense and do not lower crime rates...
We should have a vote, those who want lengthy prision terms can pay an additional 10% in taxes to cover the cost...
Tom in Calgary
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And you want want stimulus? Build enough jails to simply storehouse them for far longer periods. 40-50 year old "gang members" may have a bit of trouble getting back into it after 20-25 years for their murderous violence. Even gang members who haven't shot anyone should be looked up for 20 years since by being members they are accomplices.
Dean
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Louis, Ottawa
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R/H Ontario
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B Vaughan
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Herb
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Rick , Waterloo Region
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Have a great day.
Seasalt NS
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Fed up in Metro Vancouver
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That is all the employees we elect do. Yap.
We have been heading in this direction for years and now all of a sudden they decide to do something? Legislation with teeth?
My opinion is their legislation is gumming crime.
I am fed up with the crooks. All of them.
shawn
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So the longer they are off the street, the better.
Sandy Kay
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It doesn't cost a lot for longer sentences if convicts are parachuted into Baffin or Ellesmere Island or some other extremely remote place and forced to live off the land. What's the cost? No guards, no food costs, no building costs. And it can help keep the polar bears from becoming extinct.
Art
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What we really need to do is put more money into rehabilitation of the criminals while they are in prison. Take the hundreds of thousands of dollars you want to spent to keep a criminal in prison for a couple extra years and put it into therapy and we will be much better off. Otherwise I suggest that we tax each person that wants longer incarcerations an extra 10% to pay for it.
Ray Jacques, Glen Robertson, ON
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Also, what if you as a citizen get unjustly caught-up in a crime that you did not commit ? e.g. How many Canadians who were convicted of murder and served all kinds of years in jail and DNA proved that they were in fact innocent ? (12) or so out of (20) convicted for murder
Why are some Canadians so willing to set-up other Canadians (and possibly even themselves down the line) for terrible treatment by passing oppressives laws - whether it be Tasering which I am sure that there is not one of you who would want to be treated so terribly (and painfully)by police officers just because they are lazy and do not want to take ANY risks.
Le's do what does works, proper police work, everybody is innocent until proved guilty (even Omar Khadr), and let's hope that more times than not, the punishment no only fits the crime, but also is not harming harming innocent Canadians through the mis-carriage of justice - Nnobody is perfect, nor is or legal system perfect, nor are the police, and nor are our laws
If only the Cnservatives would check their facts and not always rely on their gut / default ideological Reform Party right-wing based ideas for all matters no matter how often they are at odds with the facts.
I would not want to live in a totalitarian society no matter how many Conservativea and their supporters it offends.
Laws in themselves do not prevent crime, nor does simply repeating legislating new laws which simply repeat
existing laws.
Mister Ed, Nanaimo
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Consumers want to use drugs that are illegal. That's what makes the drug trade so profitable. And the enormous profit potential is what attracts criminals.
You can put criminals in jail forever, but others will eagerly take their place, because there is so much money to be made. That's because drugs are both illegal and popular.
So until we dry up demand for drugs - or legalize them - there will always be criminals willing to satisfy the demand, in return for huge profits.
While mandatory sentences and long jail terms may help us feel safer, they will not in fact make us any safer. As long as consumers continue to demand drugs and as long as those drugs remain illegal, gangs will operate to provide the drugs, and we will continue to have gang violence.
Instead of more police and more jails - costing billions annually - we should spend the money on more social workers, better drug education, and mandatory treatment programs.
The problem is the huge demand for drugs, not the supply.
O. B. Server
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Dave in Courtenay
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johnn in kitchener
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We should have a vote, those who want lengthy prison terms can pay an additional 10% in taxes to cover the cost...
Part of that condition should be that those who do not want lengthy prison terms agree to supervise those who get off with conditional sentences, and to provide their homes PLUS constant supervision for those who are sentenced to (lengthy terms of) house arrest
Patrick Dusablon - Kingston, ON
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Otherwise, how could criminals be caught before they commit a crime? This is the real world, not Minority Report where clairvoyants give heads-up to the police.
RR
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Send them to jail for a long time. Enough is enough.
Tony
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Allan M
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One thing that would deal the biggest blow to organized crime in Canada would be to take away criminals' control of the marijuana industry. Criminalizing weed only serves to empower organized criminals with a reliable cash-cow. Take the crime out of marijuana, organized crime will suffer a major blow just as when alcohol prohibition was repealed in the 30's.
Prof. Pye Chartt
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The contrarian notion that stiffer sentences for street crimes committed by gang-bangers won't have any positive effect is asinine.
Equally as asinine is our societal failure, due largely to a cultural disease called "political correctness," to point a big, fat finger at the PARENTS of those who scurry around like rats, at all hours, making trouble of all kinds.
It's time we pushed back to the ultimate source of the problem. For too long we've shouldered the collective burden of failed parenting, and foolishly considered the issue solely one of socioeconomic status...which has compelled us to just throw money at the problem (including bogus after-school programs, etc.).
Force these parental failures to give a damn about their kids; to know where they are, and what they're up to. Make THEM share the responsibility for their offspring's criminal behavior.
Freddy C Niagara
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Mr. Manitoba
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Steve
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Sounds like the NDP is taking their policy direction from Hollywood's Minority Report.
AJA
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dghlfghglflghjlugfjhgla
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JP in North Saanich, BC
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Set a date say 2015-
Start now and RE WRITE the criminal code from page one to end.
Many things are out dated.
Re Write and bring it up to par with the present day .
Changing a little at a time is a waste of money
Al
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This means reduction of income potential.
Regarding rehabilitation - labor camps is the best way to get it. This approach has several advantages - gives working skills that open a way for reintegration into society, helps society to recover at least part of the cost of sentencing and more.
Most of law abiding citizens are working for their living so there is no reason why criminals should not.
M. Cameron
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Mark Farner
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No big burden on us and it's cheap and effective. Enough coddling them, they can't be reformed anyway. A few less losers on the planet is a good thing. Do you thing for a minute that they give a rat's *ss about anyone else??
Think about it.
david
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I wonder how the "experts" would feel if their loved one is killed?
Experts---ha!
Drug Reform.
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not an expert in an ivory tower
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Maybe the experts should try wearing the average citizens shoes now and then.
Rander
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Dane
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Maybe if we didn't let them out so early, they wouldnt be able to use their extensive prison contacts.
The only Gangs I want to see on the street are Chain Gangs, so let's start making these criminals work, it might teach them something about making a real living.
Jim in Edmonton
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Allison Budd, Calgary
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Rick in Calgary
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Ian Fidler
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Enough is enough!
Jim (Vancouver)
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TimT
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It doesn't matter how many times you show that longer jail terms don't work, people don't want to believe it. They want someone to tell them everything will be ok and we'll put the bad guys in jail.
The truth is, Harper is trying to shore up his sagging support, and he knows full well people will swallow it hook line and sinker every time.
This government promised real solutions not do nothing tell people what they want to hear nonsense.
Sure. Increase the terms. Maybe that's not a bad thing. But don't try and tell me, that's a solution.
Adam
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Marcus
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tc
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As for those who think we shouldnt actually punish criminals I wonder what your thoughts would be if it was your child murdered or your spouse killed by a drunk or your sibling killed by a drive by shooter.
David
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There is only one logical conclusion -- capital punishment for all offenses. It will save money and keep criminals off the street, and provide a handy supply of replacement body parts from healthy young adult males besides!
Ah, but those pesky human rights... they are such a bother.
JJ in Victoria
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Karen J Cao
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It will only deter the small petty ones
It cost AT LEAST $50 000/year/prisoner --- that's MORE $$ than we spend on our children and the youths out there that are committing crimes.... and that is a SHAME
crime isn't natural, its a result of poverty, lack of opportunity, discrimination and a whole host of other factors
it's politically more popular to say I will hire x # cops and increase the jail sentences,
why? because you can't quantify the effects of good social programs for our kids, of well funded schools and job-training and employment programs, community centres etc.
the U.S. has probably some of the toughest sentences on crime and yet it has the highest level of crime in any developed nation...
Bedour A
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do your own homework first
Joseph
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Vancouverite
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But do you know how much it costs to imprison someone? It is very expensive, and there is no guarantee that prison will 'reform' the person.
Some stats:
# Cost of incarcerating a Federal prisoner (2004/5): $259.05 per prisoner/per day
# Cost of incarcerating a Federal female prisoner (2004/5): $150,000-$250,000 per prisoner/per year
# Cost of incarcerating a Federal male prisoner (2004/5): $87,665 per prisoner/per year
# Cost of incarcerating a provincial prisoner (2004/5): $141.78: per prisoner/per day
# The cost of alternatives such as probation, bail supervision and community supervision range from $5-$25/day.
Smarted spending of money on social programs to give city kids a chance at more in life is far more cost effective. Employment programs, training, etc.
Finally, if you really want to shut down crime then STOP PROHIBITION. It does nothing to cut the supply of drugs it only benefits criminals, wastes public funds and we all suffer from the violence.
Enough talk, put people in jail
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Enough, put people in jail.Use the system in Texas. Their crime rates involving guns have dropped every year since minimum mandatory sentences were imposed when using a gun.
eddytoronto
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I work at a Hospital and this weekend we treated 3 break and enter victims. They were helpless but faught Valiantly. One had his thumb almost ripped of and he was beaten. The other died of shock and 1 in ICU. All of this for a T.V and a Wallet... Why did this happen? I will tell you why because our Goveremnt lets all the criminals know that we are defenseless by banning guns.
Why doesnt a bear attack a porcupine.
I want to be that a porcupine!
I want are Goverment to let all the criminals know that we are armed and will blow your head off.
Times are getting rough and jobless people get a liitle crazy.
Say No to All Flu Shots and Vaccines.
Our Goverment is "illegitimate" Not to be Trusted!
Nancy Gallagher
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Doug BC
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I'm afraid it's to late now to go along with the suggestion by "R/H Ontario.I wish it wasn't.I'm now ashamed to admit I was one of those against the death penalty when that debate was going on.But,in my defense I never heard anyone talking about how killers would be out so fast,if ever.
Thanks to Trudeau's flawed "Charter of Rights I doubt we'll ever catch up with the court case.It now takes 7 times longer to prepare the evidence in a very clear cut case.Nice work my Liberal friends.
We could use life without parole,and deportation a lot more though.And,as "R/H oints out,we have to deep six the "two for one" at sentencing,and use more "consecutive" sentences instead of "concurrent".
As to "Dave in Surrey"'s points I have to wonder what he's thinking.Gang members have lots of contacts,for a start.Secondly,if we do it right they'll be old men when they get out.AND,they will know one thing,that they don't want to go back inside.And finally,if "Dave" doesn't want to pay his share,I'm willing to bet there are thousands of people who'd be willing to do his civic duty for him.
Better 10% more than keep counting the bodies in the street.Anyway,we'd likely re-coup more than that through lower insurance,policing,and the tax dollars we spend to repair the damage they do.
Law abiding citizens deserve to be thought of before these parasites.
Harper 's a fool - from the West
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Mandiatory sentneces only fills jails with small time Mom and Pop pot growers.
Organized thugs are out in days with high priced lawyers and nothing is going to change that.
The only change is to realize that prohibition doesn't work. It only funds criminal activity because it forces thing we want in our everyday lives into the underground - thus giving the underground control.
If all drugs were availlable through pharmacies, we would have taxation, control and less gang land activity. Thus less crime.
Criminalization and mandatory sentences is simply old world thinking to new age problems.
I bet the next argyument is "god wanted it that way" -get real people.
Society does drugs - lots of them!
Housewives to hippies - as soon as you recognize that and stop criminalizing it - the problem will be controllable.
Until then - it's a criminals world.
DJ
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But it can't do any harm.
John Nayduk
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kevin
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Kevin D Calgary
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james
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A simple solution: Gang crime is punishable by throw them in jail and toss away the key. Gang members in jail means no gang crime.
TC from BC
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Richard L. Provencher
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Ben
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Unfortunately, they quite often have to do heinous crimes and innocent bystanders are increasingly hurt. To deal with this there must be more support to get youth involved with community rather than gangs. This has proven to work and saves money. In other words, less crime and suffering while saving Canadian taxpayers money. Until we support our vulnerable youth this problem will continue to get worse.
kevin From vancouver
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Ben
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Not to mention that the cost to keep someone locked up for 20-25 years costs around 2 - 2.5 million dollars. I think if you look at the U.S. it will show that it only makes the problem worse while continuing to cost huge amounts of money. Locking up offenders and not doing anything for them only deepens crime in the long run and costs more.
hobo joe
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TheWorkingPoor
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I believe these programs have been effective at correcting individuals. I believe they are more cost effective as well.
WestofTheRockies
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There is no consequence because more often than not after a lot of hard work getting them to court, some mamby-pampy left wing Judge will let them out anyhow on some ridiculous technicality, and besides criminals have rights too!
Time to lock up these smug little ingrates up for a loooong time and have them pay their way instaed of being supported by us. And they have to do this in order to have that dinner that’s better than many working people in Canada have, then retire to watch a movie or some cable TV & climb into a warm bed.
We have a lot of highways in need of a lot of work. 10, 15, 20 years in a chain gang in Canada's weather & these guys would think twice before going back to their old ways.
Why don't we just try it and see?