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Lecture 9

Lecture 9 Bill C-10.docx

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SOCI 2450
Darryl Davies

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Lecture 9 - Jeff Simpson: we are not governing based on statistics, we are governing based on what’s right. David Dobney: - Debate on capital punishment: vote to reinstate lost - Canadians don’t have a good understanding of sentencing and the CJS - The government hasn’t tried to explain the complexity of the CJS - Bill C-10: retrograde concoction of a politically motivated initiative made to scare Canadians into being afraid - Harper was told that the best way to get ahead is to make fear of crime a big issue - “team fear” - Murder in 2006 –raised a lot of issues - Bill C10 Is the latest product of criminal justice bills, taking up ½ of legislative time (been 30 since 2006) - The evidence of the experts make it clear that the cumulative impact - It will be much more difficult for us to say that Canada has a fair and effect CJS - Mandatory sentences, de-emphasis on rehabilitation> translate into fewer guilty pleas, more inhumane overcrowding, court processing delays - Aboriginals are over represented in the federal system - Huge number of PMI/fetal alcohol/mental disorders> should not be in prison - All of this the Gov. said their doing Is for victims • But This bill C10 is NOT going to make victims safer** • Based on a narrow view of what goes on • Victims want compassion, support, therapy, and none of that is really happening - C10 lacks any evidentiary basis, it is suspect constitutionally (may offend charter), question whether the minister of justice and whether he listened to other department, over representation of aboriginals, crowding • Betrayal of ensuring safe streets and communities • Complete disregard for the truth • Concern about what the bill is doing to the country - Conditional sentences (got little attention during the debate); introduced in ’96, part of canadas balance approach of tough measures and appropriate use of community, strict criteria: has to be a sentence of less than 2 years, offence cannot carry a mandatory minimum, judge must be convinced that public safety will not be threatened, sentence must be consistence with principles in the Criminal Code, conditions are attached (community service, house arrest, treatment, • Longer than custodial sentence • You cannot get parole - There could be 8300 fewer conditional sentences, some people only get probation, - He wants conditional sentencing but it was abolished from Bill c10** Lorraine Persons: - Community chair of justice+ social worker - Smart Justice Network: new group following the concerns of Bill C10 • Formed about 8 months ago by a small number of people across the country who have a lot of experience in the CJS and are alarmed by longer sentences, harder to get out, harder to reintegrate, more people in prisons • People who understand how the system works are alarmed by C10 - To obsessed with prison sentences - Doesn’t help victims, makes things worse, not a smart way to invest money - Prison is necessary when there is a big danger but the problem is that we have developed a habit of using prison more frequently to send a message even when there is not a danger, fall upon the
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