Harper To Criminals: You’ll Have To Prove You Shouldn’t Be In Jail

He ran on a platform of cracking down on crime.

And on Thursday, Prime Minister Stephen Harper came to Toronto to press the point and reaffirm a promise – getting tough on those who commit serious felonies over and over again.

Under a new bill being introduced in Ottawa, dangerous offenders will have to prove why they shouldn’t be locked up indefinitely. The crackdown focuses on minimum sentences, the age of consent from 14 to 17 and keeping repeat and dangerous offenders on a tight leash.

The so-called reverse onus will put the pressure on felons to show authorities why they shouldn’t throw away the key.

“We believe they should, on a third violent or sexual offence, have to prove why they should not be declared a dangerous offender,” Harper reveals.

But the P.M. didn’t hesitate to remind voters what it may take to make sure his vision of a safer country comes true. “Canadians … told us they want action on crime. And we are delivering. But we cannot get this job done alone in a minority parliament.”

Anti-crime advocates like what they heard. “What we really want to do is make sure that the opposition, every member of parliament, supports these initiatives, because this is for ordinary families, ordinary Canadians,” explains Joe Wamback, whose son was brutally beaten by a group of thugs. “There are no special interest groups.”

“Any step in this direction is a good step,” adds newly re-elected Toronto Police Association President Dave Wilson.

But the opposition isn’t quite so enthusiastic.

“They are pushing a number of hot-button items in the criminal law area,” condemns NDP justice critic Joe Comartin. “I don’t think they are being responsible … because they raise expectations. Even if the bill goes through it will have very, very limited scope.”

And criminal lawyers are also wondering if the Tories can make this crime bill play, warning the legislation may not withstand any constitutional challenges.

Harper’s response? We’re going to craft the law so that can’t happen.

He’ll get his chance to prove it when the bill is introduced in Parliament next week.

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If passed, the ‘Three Strikes and You’re Out’ legislation detailed by Prime Minister Stephen Harper Thursday would mean:

• Anyone convicted of three offences causing death or serious harm against the person shall be automatically designated as a dangerous offender.  This would not preclude the Crown from pursuing dangerous offender status for any other offender deemed to fit the criteria.
• It would be up to the offender to prove why they shouldn’t be declared a dangerous offender, as opposed to making it the Crown’s responsibility to prove the individual should be declared a dangerous offender.
• Anyone designated a dangerous offender would automatically spend seven years behind bars before being eligible for parole.

Getting tough on crime is one of the Conservative government’s five key issues, and since being elected they’ve introduced a range of bills in the House of Commons aimed at keeping citizens secure. They are:

• Conditional sentencing bill – it proposes legislative reforms on conditional sentencing that would ensure people who commit serious and violent crimes serve out their sentences in jail rather than at home or in the community.
• Mandatory minimum penalties bill – it would establish longer minimum prison sentences for individuals who use firearms to commit crimes.
• Strengthening the National DNA Data Bank – it would help police identify the guilty and exonerate the innocent.
• Maximum penalties for street racing in order to keep the streets safer.
• Raising the age of consent from 14 to 16, which would target those who prey upon children and youths.

Here’s a look at the Conservative government’s anti-crime plan, courtesy the Conservative party web site ( http://www.conservative.ca ):
 
Introduce changes to the Criminal Code of Canada to toughen dangerous and high-risk offender provisions.

Crack down on bail restriction for gun crimes.

Table legislation to repeal the “faint hope” clause to ensure that murderers serving a life sentence indeed serve the first 25 years in prison.

Justice Principles

Reorient the approach to criminal justice and the policing system to give greater emphasis to the protection of society through the prevention of crime and emphasize the needs and rights of victims.

Dangerous Offenders

Anyone convicted of three offences causing death or serious harm against the person shall be automatically designated as a dangerous offender. This would not preclude the Crown from pursuing dangerous offender status for any other offender deemed to fit the criteria.

Sex Offender Registry

Require the registration of all convicted sex and (pronounced) dangerous offenders (as currently defined).  Such registration will be retroactive to the date of first conviction.

The registry and its services will provide:
i) Mandatory DNA sampling and banking;
ii)  A registry information network, available to all police and parole services to assist in locating (and tracking) registrants; and
iii)  A system to incarcerate registrants who break the terms of release prior to trial.

Sentencing

Institute mandatory minimum sentences for violent and repeat offenders;
Require that sentences for multiple convictions be served consecutively;
Eliminate statutory (automatic) release;
Reform the National Parole Board including increased input from the community and victims in National Parole Board decisions; and
Require applicants for parole to demonstrate to the National Parole Board that they have been rehabilitated.

National Victims’ Ombudsman Office

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 the justice system.

Firearms

Repeal Canada’s gun registry legislation and work with the provinces and territories on cost-effective gun control programs designed to keep guns out of the hands of criminals while respecting the rights of law-abiding Canadians to own and use firearms responsibly.

Measures will include: mandatory minimum sentences for the criminal use of firearms; strict monitoring of high-risk individuals; crackdown on the smuggling; safe storage provisions; firearms safety training; a certification screening system for all those wishing to acquire firearms legally; and putting more law enforcement officers on our streets.

Organized Crime

Adopt, in collaboration with the provinces, a national strategy on the fight against organized crime, including the creation of a joint national task force on security;

Increase the financial resources allocated to the RCMP to help them to fight against those activities in all regions of the country; and

Propose an amendment to the Criminal Code to reverse the burden of proof, so that members of a criminal organization (and not the Crown) will have to prove at the time of seizure that the goods were not acquired through criminal acts committed for organized crime. Specific criteria will govern this measure to respect the principle of the presumption of innocence of the accused.

Young Offenders

Introduce measures to hold young lawbreakers accountable to their victims and the larger community.

Introduce measures to ensure that violent or serious repeat offenders 14 and over are tried as adults.

Work with the provinces and territories to put in place early identification and intervention strategies for youth at risk.

Family Violence

Ensure that sentences for crimes of family violence reflect a belief in the serious nature of violent criminal activity, its effect on individuals, on families and on communities.  Ensure children are protected in family violence situations.

Child Protection

Act to protect children by eliminating all defences that are used to justify the possession of child pornography.

Rename the Age of Consent to the Age of Protection and raise it from 14 to 16 years of age.

Missing Persons Registry

Enact a national missing persons registry to assist in the location and identification of persons reported missing. The registry would operate in conjunction with the Canadian Policy Information Centre (CPIC) and DNA databanks currently in place.  Streamline and improve the existing computer systems, including DNA databanks, CPIC and the sex offender registry.