As I have stated in the past two blogs I have some grave
concerns as to the Conservative government's proposal to extend the definition
of "life imprisonment" from 25 to 35 years for certain types of
homicides. But not only is that proposal solving an problem that does not
exist, it is fundamentally changing how justice is administered in Canada.
Presently the Parole Board, upon a prisoner making an
application for parole, reviews all of the information on the incarcerated
individual and their crime, the reports that staff write as to their behaviour
etc. and listens to concerned citizens. They then decide if the person will be
allowed what kind of release. Parole hearings are all open to the
public. While the members must be certainly aware of what some members of the
public think, they make, at least ideally, their decisions based on the
information presented - not because of public pressure or fear of losing their
jobs.
There are almost a hundred individuals who have been
appointed by the government to sit on the Parole Board as either a full or part
time member(PBC). The qualifications required for this paid
position ($600-$700 per day for part time (PBC)) are
surprising onerous. They included: "a degree from a recognized university
in one of the disciplines comprising the human sciences (law, criminology,
social work, psychology, sociology, etc.) or an acceptable combination of
relevant education, job-related training and/or experience, a minimum of 5
years experience in a decision-making environment and/or in the interpretation
or application of legislation, government policies or directives and knowledge
of the criminal justice system; knowledge of the societal issues impacting on
the criminal justice environment including gender, Aboriginal and visible
minority issues; and knowledge of the Corrections and Conditional
Release Act and the Criminal Records Act
and their interpretation and application related to conditional release and
pardons is considered an asset" (PBC). There is also an appeal process.
The Prime Minister has proposed that the decision as to
whether the individual gets any type of parole after 35 years should be made by a cabinet
member. Ministers of the Crown do not need to have any specialized knowledge or experience (just
look at who has been appointed to cabinet posts in the past 10-15 years). The
decision will be done behind closed doors. The minister will not need to make
the information public and Lord knows politicians are always vulnerable to
public pressure. Instead of a group of well qualified and experienced
individuals representing a broad spectrum of Canadian society, there will be
one individual who politics reflect a single party who makes this decision.
To be clear - Mr. Harper has, in all likelihood, made this
proposal because it is most likely that the Supreme Court of Canada will rule
that to incarcerate someone for the rest of their life with no possibility of
getting out of jail is cruel and unusual punishment. The proposal has not been
cleared by cabinet, it will not make it through all of the stages of
Parliamentary approval before the election. Even if it did, it would not be
retroactive. That is it would not come into effect until sometime in 2016. If it
passed into law, if a homicide did occur that fit Mr. Harper's limitations, the
decision about a release would come in 2051!
Are there not more important things for the prime minister
to be doing other than to stir up people's anxieties and fears? Is there not some
other way of informing the public that they are safe? Perhaps he could pay as
much attention to the fine work the criminal justice system does as opposed to
focusing on all of the mythical bogy men. But then he would have to praise the
judges - not something he does easily or frequently. He would also lose the
vote (and support) of those who believe that the way to power is to create
situations that scare people and then act as our saviours.
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