November 2011 Parliamentary Report

SAFE STREETS AND COMMUNITIES ACT (BILL C-10)

Last month I outlined some of the major elements of this legislation.  In this article I will comment on some of the issues that have been raised about it.

 

TIMETABLE

During the recent election we promised to pass within 100 sitting days the major criminal justice Bills previously debated in Parliament.  Bill C-10 collects nine previous Bills. 

 

Young offender amendments, for example, were considered in 16 Justice Committee meetings with literally dozens of witnesses.  In this Parliament, Bill C-10 as a whole will receive comment from approximately 42 witnesses over several months – not exactly rushing through this Bill.

 

COSTS

Commissioner Head, a 34 year veteran of Corrections Canada, who now heads it, testified the Department will incur less than $34 million over five years in total capital and operating costs associated with Bill C-10.  Ministers Toews and Nicholson testified that total costs, including those of Corrections Canada, will not exceed $78.6 million over five years.  These calculations were all tabled with the Justice Committee.

 

The costs of Bill C-10 should not be confused with the much greater costs of the Truth in Sentencing Act, which passed in the last Parliament with the support of one Opposition Party. 

 

DRUG TRAFFICKERS

Bill C-10 will not require mandatory minimum prison for offenders who merely grow six or more marijuana plants.  Our Government believes that drug traffickers should receive stricter penalties.  However, the minimum mandatory penalty will apply only if there is proof that marijuana is grown with the intention of trafficking.  Some people believe that marijuana trafficking should not be illegal, or that the definition of “trafficking” in our drug laws is too strict.  Neither the illegality of drug trafficking nor the definition of “trafficking” is changed by Bill C-10.

 

Bill C-10 gives discretion to judges to relieve such offenders from any mandatory sentence if a drug treatment program is successfully completed.

 

PUBLIC PROTECTION AND YOUNG OFFENDERS

Bill C-10 lets judges consider both long-term and short-term public protection when dealing with young offenders.  Short-term public protection might be important on the bail hearing of a repeat, violent offender whereas long-term public protection is always important in sentencing.

 

Bill C-10 continues to insist that rehabilitation and reintegration are essential to assuring public protection.

 

Public protection is not given any priority by Bill C-10 among the principles in Section 3 of the Youth Criminal Justice Act.