January 2006 Volume 13, Issue 1 Hello, SNAPSHOTS Welcome to the JANUARY issue of the National Justice Network Update. As always, our goal is to provide you with OTTAWA’S updates on what bills have been introduced; what stages they COLLABORATIVE are at; who is doing what for victims and what is happening in JUSTICE PROGRAM areas such as young offenders, high risk offenders, conditional release and victims' rights. The Ottawa-based Collaborative Justice Please do not hesitate to contact the office should you have Program (CJP) has a new any problems or concerns. website ~ visit www.collaborativejustice.ca Canadian Resource Centre for Victims of Crime Visit: http://www.crcvc.ca The CJP takes a restorative Email: [email protected] justice approach to serious Phone: 1.877.232.2610 crime. Located in the Ottawa courthouse, CJP __________________________________________________ offers individual support to GUN VIOLENCE DOMINATES ELECTION those affected by crime as the criminal justice process Gun violence, especially recent events in Toronto, has unfolds. The caseworker surprisingly become a major election issue and will be on the supports victims in minds of voters on January 23. The Boxing Day shooting that identifying and addressing resulted in the death of Jane Creba was a sad end to a year their needs while ensuring that saw a record 52 gun deaths in Toronto. that the offender understands the impact of Each party has called for mandatory minimum sentences for his/her behaviour. It those involved in gun violence. There also seems to be provides opportunities for agreement on a proposal for a reverse onus for bail for those both parties, if they desire, charged with gun related crimes. to work together on healing and resolution. Paul Martin has also called for a ban on handguns. The Tories say there is already a virtual handgun ban in Canada. While For more information, there are strict controls on handguns, there are hundreds of please visit the website. To thousands in handguns in homes across the country. read an evaluation of the program, please visit the The Liberals have accused the Tories of killing legislation website for the federal before the House that would have brought in more mandatory Ministry for Public Security minimum penalties for gun crimes, while the Tories have and Emergency countered that the Liberals had twelve years to do something Preparedness. and only introduced the bill in the dying days of Parliament. Bill C-82 was introduced the day before the government fell. FAMILY RELIEVED KILLER WAIVES Critics have pointed out that overall gun crimes are down. They HEARING say it is too early to determine if the problem in Toronto is The family of Sheryl evidence of a trend or just a blip. Some victims have Gardner is pleased to learn complained to the CRCVC that there has been too much of a killer, Ralph Power, who is focus on gun violence while other forms of violence, such as already eligible for 1 murders committed with knives, have been forgotten. unescorted passes and day parole, has waived his right The CRCVC has profiled each of the national party’s justice to a full parole review platforms and provided brief, non-partisan feedback on each. In hearing that was scheduled general, we are disappointed not more has been said about for June 2006. A further assisting crime victims. Tougher sentences are not the same review for full parole has as victims’ rights. No party has a plan to assist victims of a been re-scheduled for May terrorist attack; there is no reference in any platform to creating 2008. a missing person index (DNA Databank); there is no reference to expanding the kinds of information victims can access about This news comes as a relief offenders, etc. to the family who has spent __________________________________________ the last year using the LIBERAL JUSTICE PLATFORM media to draw attention to Sheryl’s case and to ensure Most of the Liberal platform is focused on gun violence and re- that Power’s DNA was introducing legislation that died when the government fell (visit submitted to the national http://www.liberal.ca/images/dir/PDFs/platform_e.pdf for the DNA Databank. Power, 52, complete platform): was sentenced to life in prison with no chance of parole for 25 years in the Amend the Criminal Code to enable provinces and slaying of model Sheryl territories to prohibit handguns within their borders. It Gardner in her Toronto includes an amnesty and buy-back program to collect apartment. Power posed existing handguns. as a telephone repairman Incorporate a national Gunstoppers Program – similar to gain entry to her to the popular Crimestoppers – to provide financial apartment and then rewards for information leading to the removal of an attacked and bludgeoned illegal gun from the street. her with a hammer. Re-introduce legislation that doubles the mandatory minimum sentences for key gun crimes such as Carolyn Gardner, Sheryl’s trafficking and smuggling of firearms and the illegal younger sister, has worked possession of loaded handguns in public places. tirelessly to gather public $50-million Gun Violence and Gang Prevention Fund support to prevent Power’s and a $50-million Rural Community Safety Plan to potential release. The provide resources for crime prevention initiatives in Gardner family believes smaller communities. strongly that Power still Increase resources for law enforcement; poses a threat to public Re-introduce legislation to restrict the use of conditional safety. Visit sentences for serious/violent crimes; www.PowerNoParole.ca to Help implement DNA databank reforms; learn more about this case Re-introduce legislation to increase penalties for auto and show your support for theft and street racing; and the family. Develop initiatives to combat racism, hate speech and hate crimes. CRCVC commentary – Other than the handgun ban and some new spending targeted towards gun violence/law enforcement, there is not much new here. There is nothing regarding assistance for victims of crime, which is unfortunate since the government recently took such positive steps by creating a national parole fund and Victim Office. There is nothing new on DNA other than a commitment to help implement reforms that were already made. __________________________________________ 2 CONSERVATIVE JUSTICE PLATFORM By far, the most comprehensive and controversial justice platform. Listed here are some highlights – for the complete plan, please visit the Conservative Party’s website at http://www.conservative.ca/2023/37909/?PHPSESSID=7164025267baa61ddf9b8e252d784709 . • Mandatory minimum prison sentences for designated drug trafficking offences, weapons offences, crimes committed while on parole, and repeat offenders to ensure that serious crime results in real punishment. • End conditional sentences (“house arrest”) for serious crimes, including designated violent and sexual offences, weapons offences, major drug offences, crime committed against children, and impaired driving causing death or serious injury. • Create presumption-of-dangerous-offender designation for anyone convicted and sentenced to federal custody for three violent or sexual offences. • Repeal section 745.6 of the Criminal Code – the so-called “Faint Hope Clause” – that allows a criminal serving a life sentence to apply for early parole. • Create mandatory consecutive sentences (instead of concurrent sentences, as is usually the case) for select multiple violent or sexual offences. • Replace statutory release with earned parole/Toughen parole provisions once you have been convicted of committing a crime while on parole, and eliminate parole for life after the third such conviction. • Prevent courts from giving extra “credit” for pre-trial custody for persons denied bail because of their past criminal record or for violating bail. • Create a reverse onus for bail hearings for anybody charged with an indictable firearms offence. • Review the operations of Correctional Service Canada with a view to enhancing public safety. • Hire more federal, provincial and municipal police officers; • Repeal the long-gun registry legislation/Strict monitoring, including tracking place of residence, of high-risk individuals prohibited from owning firearms/Eliminating exceptions to firearms prohibition orders following criminal conviction. • Require the registration/mandatory DNA sampling of all convicted sex offenders and dangerous offenders. • Raise the age of consent from 14 to 16 years of age. • Direct $50 million in funding into community-based, educational, sporting, cultural, and vocational opportunities for young people at risk. • Ensure that anyone 14 years or older who is charged with serious violent or repeat offences is automatically subject to adult sentencing provisions/Amend the YCJA to include deterrence and denunciation as mandatory sentencing principles to be considered. • Establish a national Victims’ Ombudsman Office with a budget allocation equal to that of the Office of the Correctional Investigator to ensure victims have a voice in the federal corrections and justice system/Provide $10 million per year for victim assistance, including support for victim appearances at parole hearings. CRCVC commentary – We are pleased to see initiatives for victims, including the creation of a properly funded federal Ombudsman and the dedication of sufficient funds. Tories are on the right track with the focus on repeat violent/sex offenders, but are off the mark on scrapping the gun registry. They could have gone further with DNA and how to better