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Massive Canadian Crime Bill: The Safe Streets and Communities Act (Bill C-10)
10-04-2011, 02:25 PM,
Exclamation  Massive Canadian Crime Bill: The Safe Streets and Communities Act (Bill C-10)
It's not merely a single crime bill, we're met with a barrage of crime legislation rolled into one mega-law.

The official title is a mouthful:

"An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts"

Last year we got a taste of crime reform aimed at longer prison sentencing. It was met with little opposition and even less press.

The Truth in Sentencing Act

Quote:The 2010 Truth in Sentencing Act – which ended two-for-one sentencing practices in which judges give a convicted individual two days credit for each day spent in awaiting trial – has led to more inmates and increased costs, the agency responsible for federal prisons acknowledges.

“As a result of legislative changes, the number of inmates in [Correctional Service of Canada’s] custody has grown and is expected to significantly increase over the next few years,” the CSC states in a recently released report that was highlighted Tuesday by the Parliamentary Budget Office.

The Correctional Service of Canada’s $3-billion budget for the current fiscal year is $514.2-million higher than the year before, an increase of more than 20 per cent. The main reason is $458-million in new spending tied to the Truth in Sentencing Act. Should that figure hold over five years, the cumulative cost would be $2.3-billion.

Onto the biggie C-10 aka An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts or more simply put in short form...

The Safe Streets and Communities Act

Conservatives have vowed to pass the Safe Streets and Communities Act in less than 100 days. It's a monster tough on crime bill comprised of the following:

Quote:1) The Protecting Children from Sexual Predators Act: It proposes increased penalties for sexual offences against children, as well as creates two new offences aimed at conduct that could facilitate or enable the commission of a sexual offence against a child.

2) The Penalties for Organized Drug Crime Act: It proposes tougher sentences for the production and possession of illicit drugs for the purposes of trafficking.

3) Protecting the Public from Violent Young Offenders Act: It would set tougher rules for “violent and repeat” young offenders. That includes the consideration of adult sentences for youth convicted of the most serious violent crimes (murder, attempted murder, manslaughter and aggravated sexual assault).

4) The Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act: It would eliminate the use of conditional sentences, or house arrest, for serious and violent crimes.

5) The Increasing Offender Accountability Act: It would enshrine a victim’s right to participate in parole hearings. It would also require “correctional” plans for offenders setting out behavioural expectations, objectives for program participation, and the meeting of court-ordered obligations such as victim restitution or child support.

6) The Eliminating Pardons for Serious Crimes Act: It would extend the ineligibility periods for applications for a record suspension, now known as a pardon, to five years from three for summary conviction offences and to 10 years from five for indictable offences.

7) The Keeping Canadians Safe Act: It would provide additional criteria that the Public Safety Minister could consider when deciding whether to allow the transfer of a Canadian offender back to Canada to serve their sentence.

8) The Justice for Victims of Terrorism Act and amendments to the State Immunity Act: It would allow victims of terrorism to sue perpetrators and supporters of terrorism, including listed foreign states, for loss or damage that occurred as a result of an act of terrorism committed anywhere in the world.

9) The Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act: It would authorize immigration officers to refuse work permits to vulnerable foreign nationals when it is determined they are at risk of humiliating or degrading treatment, including sexual exploitation or human trafficking.

Quote:The act’s goal is to get tough on drugs and sex crimes, with harsher sentences. The bill also seeks to raise minimum sentences for some crimes, and it also allows for some violent young offenders to be sentenced as adults and allows for the lifting of the publication ban on their names in some cases.

Nunavut’s deputy justice minister Janet Slaughter says her counterparts across Canada expect a 15 per cent increase in prisoners.

Quote:What’s Wrong With Harper’s Omnibus Crime Bill
September 20th, 2011 Paula Mallea

Prime Minister Harper will be launching his tough-on-crime agenda today. Our criminal justice system is by no means perfect, but the omnibus crime bill will send us back to a 19th century punishment model. Here are some reasons why Canadians need to speak out against this legislation.

The former U.S. drug czar (Asa Hutchinson) has encouraged Canada not to make the same mistakes the U.S. made. The two mistakes he cited were mandatory minimum sentences, and insufficient attention to rehabilitative programs.

1. The cost of the Harper crime agenda will be colossal, and a large part of it (some say most) will be borne by the provinces, who are responsible for implementing whatever the feds pass. So provinces and territories (many of them in elections as we speak) will be expected to pay for additional courts, clerks, prisons, Crown Attorneys, judges, sheriffs, court reporters and so on. And the numbers are high—$5 billion over 5 years for the one piece of legislation which was examined by the Parliamentary Budget Officer. The new drug sentences alone will increase numbers of offenders by a huge amount. The Corrections department is one of the few which is receiving huge increases in its budget as we speak.

2. Virtually all of the crime legislation is directed towards increasing punishment by way of more prison terms for more people and for longer. Virtually nothing in any of the legislation does anything to prevent crime (as the Conservatives claim), help victims (as they claim) or target guns, gangs, drugs and organized crime (as they claim). The Harper government’s stated objectives will not be met by the omnibus crime bill.

3. Other jurisdictions, notably the United States, have rejected the Harper approach. Newt Gingrich is fronting a group called Right on Crime which advocates for less incarceration. Ronald Reagan presided over a huge reduction in incarceration when he was governor of California. Maggie Thatcher refused to allow incarceration rates to rise in Britain. Many states are abolishing mandatory minimum sentences and reducing the proportion of sentences which must be served before release.

4. Canada is moving in the wrong direction, and the results will not be pretty. I predict there will be expanding deficits at all levels, an increase in misery for all parties, including offenders’ families and communities, and victims (who in fact advocate for improvements in preventive and rehabilitative programs). The picture becomes darker when you consider that up to 80-90% of offenders in some institutions are addicts (mostly to alcohol), and up to 40% have mental illnesses. A huge proportion are Aborignal people. Many offenders are homeless, illiterate, victims of sexual abuse, and so on. What is significant is that we have the means to deal with all of these conditions—we know how, and the resources required would be a fraction of the budget necessary to incarcerate so many new inmates. Dealing with these issues would not only reduce crime but would also make for a healthier community. Because the Conservatives are so concentrated on the punishment model, there will be no resources (and no inclination) to fund the programs necessary to deal with these fundamental problems.

5. Journalists continually state that the omnibus crime bill is considered necessary by the Harper government because the crime legislation was otherwise “unpassable” or because of “obstructive measures” taken by the opposition. This is demonstrably not true. The opposition never got a chance to oppose most of the crime legislation because it never came to a vote: most of the laws died on the order paper when Mr. Harper prorogued Parliament twice and when he called the 2008 election. Most of the rest of them were never brought forward in a timely manner.

The Conservatives have the majority they need to pass this legislation. The only thing that might give them pause would be a public groundswell against the law. If for no other reason than financial, we should be making our voices heard.

Paula Mallea, B.A., M.A., Ll.B, practised criminal law for 15 years in Toronto, Kingston, and Manitoba. She acted mainly as defence counsel, with a part-time stint as prosecutor, and spent hundreds of hours in penitentiaries representing inmates. She is a Research Associate with the Canadian Centre for Policy Alternatives. She is the author of The Fear Factor: Stephen Harper’s Tough On Crime Agenda and Lorimer Publishing will be releasing her book on the tough-on-crime agenda this fall.

Quote:Absent from the omnibus bill are long-promised provisions to increase the powers of police to gain “lawful access” to Canadians’ wireless and Internet communications, or the promised end to the long-gun registry. Those measures, along with a bill to increase the powers of citizen arrest are expected to be introduced separately at a later date.

Press Releases from the Canadian DoJ

Official Bill Text and Progress (152 Pages)

They're also slipping this one through in a separate bill, I have yet to read it but it's supposed to be for mega-trails - we think gangs but perhaps this could be applied to "unlawful" protest groups or copyright legislation:

Fair and Efficient Criminal Trials Act
aka An Act to amend the Criminal Code (mega-trials)

We'll need some serious citizen lobbying that appeals to reason and morality to sway the party whipped MPs under a majority that are convinced this is their mandate.
There are no others, there is only us.
10-04-2011, 03:35 PM, (This post was last modified: 10-04-2011, 03:36 PM by Armilus.)
RE: Massive Canadian Crime Bill: The Safe Streets and Communities Act (Bill C-10)
Well, don't you want safer streets in The Soviet Union of Canada?
"Success is the sole earthly judge of right and wrong." -- Herr Wolf
10-05-2011, 12:48 AM,
RE: Massive Canadian Crime Bill: The Safe Streets and Communities Act (Bill C-10)
(10-04-2011, 03:35 PM)Armilus Wrote: Well, don't you want safer streets in The Soviet Union of Canada?

What's the similarities between Canada & USSR?

They seem very different. Huh
10-05-2011, 02:21 AM,
RE: Massive Canadian Crime Bill: The Safe Streets and Communities Act (Bill C-10)
Strange. So, while the U.S. appears to be on the path to reducing levels of incarceration, Canada is on the increase? It just goes to show how behind the times we truly are. I read once that we're five years behind the U.S. in many areas.

I'm suspecting that U.S. media is only now starting to have an impact on us, and is increasing the amount of fear at the same rate the U.S. was.

Rehabilitation is far more important than incarceration. Harper's still in love with the U.S., though, and his terms in office have been based entirely on idiocy on the part of those who voted him in.

attariq: Probably just a general reference to oppression. Armilus' comment would likely have been more relevant had he referred to "The United States of Canada."
Truth appears in many forms. Find those that resonate with you.

- "If we do not believe in freedom of speech for those we despise, we do not believe in it at all." - Noam Chomsky
- "Humans are not a rational animal, but a rationalizing one." - Leon Festinger - The World In Action
10-05-2011, 03:27 AM,
RE: Massive Canadian Crime Bill: The Safe Streets and Communities Act (Bill C-10)
RE: "The United States of Canada" .. Predictive Programming from the CBC.

A North American Union Resistors Worst Nightmare!

That scenario will never happen, well not all at once as depicted, it doesn't have to. But this has already essentially happened and to larger extend ties with the rest of the world banks and military allegiances. We've pretty much sliced up a good chunk of the country to different interests, but it could be worse.

Higher prison populations will call for outcry on public funding so we'll see a round of inefficiencies by an deliberately underfunded incarceration system. If we allow it to play out as many feel it is planned.

Working in the US for .23 cents/hour -Prison education Industrial Complex

Also benefiting are private rehab centres and mental institutions, construction.. and of course banks that make the loans for these projects.
There are no others, there is only us.
12-03-2011, 03:08 AM,
RE: Massive Canadian Crime Bill: The Safe Streets and Communities Act (Bill C-10)
This Bill has been pushed back a few days because well .. to summarize .. they tried to ram it up our collective arses too hard and too fast.

At least they gave Parliament a chance to at least read the swath of amendments.

This really should be getting more coverage. It's years and years of sweeping crime legislation that Conservatives could not pass because they didn't have a majority. 8 Bills that failed to pass Parliament at the first opening combined into one Giant Omnibus Bill. It's a majority Conservative Senate as well so it should slide through quite nicely.

Whenever a new government gets in maybe we could get them to repeal it by reminding them it was passed and they voted against it. Really challenge them as to what has changed and maybe ask the question to a Liberal, Conservative or Green . . Why the Fuck Not Repeal It?

Plan B: Secession .. one person, one community, one country at a time from this global fascist entanglement totally messing with each and every one of our lives.
There are no others, there is only us.
09-19-2012, 08:57 PM,
RE: Massive Canadian Crime Bill: The Safe Streets and Communities Act (Bill C-10)
Update Ontario rebukes Crime Bill on Unconstitutional Ruling, dig in:

Quote:Omnibus crime bill section struck down by Ontario court
Dangerous offender designation process ruled unconstitutional
The Canadian Press
Posted: Sep 18, 2012 8:50 PM ET
Last Updated: Sep 18, 2012 9:56 PM ET

An Ontario court has declared another plank of the Conservative government's tough-on-crime agenda unconstitutional.

Ontario Superior Court Judge Alan Bryant struck down a section of the Criminal Code introduced in 2008 dealing with dangerous offenders in a decision published Tuesday.

The ruling comes in a year during which judges in Ontario have already struck down two mandatory minimum firearm penalties from the same "Tackling Violent Crime" omnibus law.

Traditionally the Crown had to prove several requirements before someone is designated a dangerous offender, including a pattern of dangerous behaviour or likelihood of causing pain through a failure to control sexual impulses.

Dangerous offenders — sex killer Paul Bernardo is designated as one — can be given indeterminate sentences and be locked up for life.

What changed in 2008 was that the new provision provided a shortcut of sorts for the Crown in a small subset of cases.

If an offender was convicted three times of a specified violent or sexual crime with sentences of at least two years the burden of proof shifted from the Crown to them.

All the Crown had to prove was that the offender was convicted of those offences and was sentenced to at least two years. The offender then had to try to prove that they did not have a pattern of dangerous behaviour.

That burden is too onerous, lawyer Peter Behr argued — and Bryant agreed.

"[The law] reverses it and puts it on the accused to say, 'You're real bad and we're going to put you away, you're likely to be put away forever, unless you show otherwise,"' Behr said in an interview from his office in London, Ont.

Behr represents Roland Hill, the man at the centre of this constitutional challenge. He was convicted in 2000 of a sexual assault and in 2004 of assault causing bodily harm.

In the case now before the courts, Hill pleaded guilty to two counts for what Bryant called a "horrible" assault on a "defenceless young woman."

Reverse onus violates charter, court rules

Bryant found that the reverse onus violates the charter, but that the Crown proved Hill was a dangerous offender through the traditional method.

The case returns to court Oct. 16 to set a date for sentencing — judges have discretion to give a dangerous offender an indeterminate or a fixed sentence.

As the matter is still before the courts, a spokesman for the Ontario Ministry of the Attorney General said he could not comment beyond noting the rest of the dangerous offender sentencing regime is not affected by the ruling.

The Crown had argued that the provision streamlined the process for dangerous offender designations only for the worst of the worst.

"I do not accept the Crown counsel's submission that there is a pressing need to streamline the process for labelling a small class of individuals as dangerous offenders," Bryant wrote.

Between 1978 and April 2005 there were 384 people who were designated dangerous offenders.

"A breach of an individual's [charter] rights cannot be justified or condoned in a free and democratic society because the class of affected individuals is small," Bryant concluded.

The Crown had no evidence showing that the reverse onus was necessary to make sure the most dangerous offenders are designated as such, Bryant wrote.

Crown lawyers can access all kinds of evidence to prove their case such as psychiatric assessments, police witnesses and criminal records, he noted.

The dangerous offender reverse onus was part of the government's 2008 Tackling Violent Crime bill, which increased penalties in a number of areas, including gun control, drunk driving and the age of consent.

In July, an Ontario Court judge struck down a three-year firearm trafficking mandatory minimum sentence in the case of a crack dealer who offered to sell an undercover police officer a gun.

In February, Ontario Superior Court Judge Anne Molloy struck down a three-year minimum sentence for a first offence of illegally possessing a loaded gun.

The cases are expected to be appealed to higher courts. The Ontario government has already indicated they will appeal the Molloy decision.

Note that this only addressed part of the omnibus crime bill.
There are no others, there is only us.
09-19-2012, 10:12 PM,
RE: Massive Canadian Crime Bill: The Safe Streets and Communities Act (Bill C-10)
well that's good news...
The global lock-down push is on full-bore now, so I doubt that tiny piece of ethical governance is going to hold strong for much longer though.
[Image: conspiracy_theory.jpg]

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