Angry in the Great White North
Taking sides on crime
Sunday, March 26, 2006 at 12:05 PM

Read other posts by Steve Janke published by the National Post
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This article in the Ottawa Citizen is interesting on two levels. First, on the story itself:

The federal opposition is sending signals it will block Conservative plans to impose automatic jail terms for a variety of gun-related crimes unless the stiff terms are watered down.

The opposition, while willing to deal with the governing party to fight a spate of gun violence in urban centres, say the Conservative penalties could run afoul of the Charter of Rights and Freedoms' guarantee that the punishment must be proportional to the crime.

Sue Barnes, the Liberal justice critic, suggested the Conservative penalties are "draconian" measures that would have to be diluted to survive a court challenge.

Strange that Sue Barnes had no comment on the Liberal Party election platform plank that called for law-abiding citizens to have their firearms confiscated. But a criminal, found guilty in a fair trial, and given the punishment already required by law as opposed to a retroactive punishment for a hithero legal activity, is going to win a Charter challenge?

The Liberals and the NDP have to be careful here. Canadians are in no mood to pander to criminals:

One factor working in the Conservatives' favour is that no party wants to be seen as opposing a bill on firearms crimes at a time when there is public concern across the country, particularly in such cities as the Liberal bastion of Toronto.

Of course, a Liberal bastion is the prison population itself, so the Liberals are in a bit of a bind here.

Funny how being in a minority government can actually make the Conservative position stronger. Prime Minister Stephen Harper and Justice Minister Vic Toews take a strong position, guaranteed to anger the opposition. But can the opposition oppose? If they do so too strongly, they can bring the government down. The Conservatives are the only party in a position to fight back-to-back elections. Stephen Harper's approval ratings are sky high. The Liberals are broke and leaderless. And the Canadian people will crucify any party that forces a snap election so soon.

If they faced a Conservative majority government, the opposition could be loud and uncompromising. But now, they have to tread very carefully.

But aside from the issues of crime and punishment and of parliamentary strategies, it is interesting to note that the Ottawa Citizen tucks this bit of information in the very last paragraph:

There is a consensus among criminologists that minimum jail terms, which eliminate discretion for judges to impose sentences they see fit, do not deter crime.

I'm not going to discuss whether this is true or not, or if deterrence is the only motive, or even the most important motive, in setting sentences. But the fact that a newspaper left this to the very end suggests that the paper is not eager to criticize the Tory plan. It would seem that the Conservatives have some allies.

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