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Lecture 11

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Department
Law
Course
LAWS 3306
Professor
Christopher Mc Naught
Semester
Fall

Description
Lecture 11 Stuff - Toronto Star deporting offenders. Crime bill goes too far (C-43) • Bill C-43 Faster Removal of Foreign Criminals Act • No one can say that it isn’t an optimum goal to deport people who are serious offenders • Problem with this legislation is that it can be a slippery slope. Sure, you want to get the bad guys out and keep them out, but how easy will it be to move down a notch and either openly or inadvertently deports people who we should not. • Ex: what about a 50 year old who came here as a permanent resident as a child, and commits a minor offense, such as shop lifting or mischief, if that person is hastily deported, the powers that be want to take care of business by shipping it off • This act imposes a “1 strike and you’re out” kind of regime. Mocks belief that small time offenders deserve a second chance • Just because you are an immigrant, why should you be shipped away when faced with a legal problem? - Article in the Citizen mandatory minimums • Crime rates are at all time low • Expert evidence these mandatory minimums don’t make the street safer in any way. No link between the two. • Mandatory minimums do not serve to deter potential offenders.Aperson who is drunk is not thinking about mandatory minimums; they are not deterred by law. Young people who are down on their luck don’t consult reports and legislative things every month before they go do stuff on the streets • Higher courts in Ontario have ruled that mandatory minimums in various instances are unconstitutional and unlawful • “Consider for instance the difference in moral blameworthiness between the drug dealing gangster who carries a loaded handgun and the target shooter who forgets to renew his firearm licence but continues to possess his .22 caliber revolver and ammunition. Both can be charged under the same provision and both can be subject to a mandatory minimum of 3 years in prison.”  Only if Crown goes by indictment  Ahunter is not the same as a gangster • Why have judges if you are going to have mandatory minimums? • 9 times out of 10, it’s just that the offender has had a bad life, therefore they join a gang and act out • Toronto counsellors have accepted this, and are pressing for Youth Priority Centers, in which all night recreational programs are held, and also have homework help groups  Meant to keep them away from the streets when they don’t need to be there  The Toronto mayor has called these ‘hug-a-thug’programs Other - Dissent: explorations in the history ofAmerican Radicalism • Ajust government does not infringe on liberty, but rather establishes it. It doesn’t take away rights, but protects and confirms them.Agovernment constructed on any other plan represents the idiocy of giving up liberty in order to maintain liberty. and in the very act of endeavouring to secure the most valuable rights, to arm a body of enemies with power to destroy them  Anyone who gives up a bit of liberty in order to gain it, deserves to lose it - Republicans not oriente
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