In the year of 2011, the Conservative Party government of Prime Minister Stephen Harper introduced Bill C-10, titled The Safe Streets and Communities Act under the impression that Canada was experiencing a serious crime problem amongst a lenient criminal justice system …show more content…
(Bala, 2015). The bill was seen as the answer to this alleged problem, as it embodies the get tough on crime agenda. Bill C-10 is an omnibus bill as it includes nine individual bills that were introduced in parliament within the previous years. The Safe Streets and Communities Act is targeting drug trafficking, sex crimes with the introduction of mandatory minimum jail sentences and youth offenders through harsher sentencing. Drug offences are down 6% and the traditional youth crime rate is 7% lower than it was in 1999 (Mallea, 2010). Although statistics firmly show that the crimes targeted by Bill C-10 are declining, the Conservative government still felt the need for the implementation of the omnibus bill.
Part four of The Safe Streets and Communities Act that is based on youth justice is unreasonable and should be extracted as it only leads to more negative consequences rather than solutions.
The amendments made to the Youth Criminal Justice Act (YCJA) in Bill C-10 were initially intended to help maintain and ensure the safety and security of Canadians using the get tough on crime approach (Bala, 2015). However, the Safe Streets and Communities Act is focused on making sure that the public feels more secure instead of being centered on the wellbeing of the youth involved in the criminal justice system which leads to a number of undesirable conclusions. This paper will address three main points. First, an argument on the evidence stating that the get tough on crime measures do not work; second a discussion on the importance of rehabilitation for youth; and thirdly an argument on the necessity for a spate legal system for youth from …show more content…
adults.
SUMMARY OF BILL C-10
Bill C-10 titled the Safe Streets and Communities Act is an omnibus bill, as it contains nine smaller bills that were introduced and debated by the Conservative government but were never formerly passed. This bill initiated plenty of changes to Canada’s criminal justice system. Starting off with Bill C-4 titled Protecting the Public from Violent Young Offenders Act, also known as Sébastian’s Law, highlights the liability of violent or repeat young offenders for their actions while maintaining the primary objective being the protection of society. Furthermore, this bill allows for the option of youth who are convicted of serious offences to be sentenced as adults. Next is Bill C-5, known as the Keeping Canadians Safe (International Transfer of Offenders) Act. This bill insinuates adding supplementary measures that would allow for the Minister of Public Safety to consider when deciding whether or not to allow a Canadian offender to be transferred back to Canada to serve their sentence. Following Bill c-5 is Bill C-16, the Ending House Arrest for Property and Other Serious and Violent Offenders Act, which proposes amendments that would restrict the use of conditional sentences or house arrest for serious and violent crimes. Bill C-39 is also part of Bill C-10 titled Increasing Offender Accountability Act. This Act intends the reservation of a victim’s right to participate in parole hearings and address inmate accountability, responsibility, and management under the Corrections and Conditional Release Act. Then there is Bill C-54 named Protecting Children form Sexual Predators Act, insinuate increasing penalties for sexual offences against children. It establishes new mandatory minimum penalties for existing offences related to child exploitation, it also increases maximum prison sentences, and it creates two new offences that are aimed to facilitate or enable the commission of sexual offence against a child. Bill C-56 is also included called Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrant Act, which intends to authorize immigration officers to refuse work permits to vulnerable foreign nationals when it is determined that they are at risk of humiliation or degrading treatment, including sexual exploitation of human trafficking. Bill S-7 known as Justice for Victims of Terrorism Act is also part of Bill C-10 and it allows victims of terrorism to sue those who support terrorism. Finally, Bill S-10, penalties for Organized Drug Crime Act recommends targeting systematized crime by executing tougher sentences for the possession of illicit drugs with the intention of trafficking (Bill C-10, 2012). Overall the Safe Streets and Communities Act imposes a variety of laws that put together the Canadian Criminal Justice System.
BILL C-4, Part 4 OF BILL C-10 Bill C-4 titled Sébastian’s Law, the main concern of Bill C-10.
It is part 4 in the Safe Streets and Communities Act. Before making its way into Bill C-10, it was deferred for a number of reasons. Bill C-4 was named after a 19-year-old boy, named Sébastian’s Lacasse, who was beaten and stabbed to death at a house party in Quebec by a 17 year old (Nicholson, 2010). Part 4 in the Safe Streets and Communities Act was initially presented to protect society from young offenders by amending the sentencing and general principles of the Youth Criminal Justice Act, as well as its provisions relating to judicial interim release, adult and youth sentences, publication bans, and placement in youth custody facilities (Nicholson, 2010). Part 4 in Bill C-10 allows for the names of young offenders who are convicted of violent offences to be published and publicly announced, it allows police to keep a record of any extrajudicial measures executed on young offenders causing their criminal tendencies to be documented, institutes specific deterrence and denunciation as sentencing principles similar to those in the adult criminal justice system, and it authorizes the court to imprison individuals who have previously been convicted (Bill C-10, 2012). Sebastian’s Law was designed tin favor of society as a whole rather than the youth by making the protection of society the primary objective of the Youth Criminal Justice Act rather than the youth
themselves.
TOUGH ON CRIME APPROACH Stephen Harper, who was the president at the time believed that Canada’s approach on handing youth offenders was too lenient, as it was not holding young offenders accountable for their actions (Bala, 2015). Bill C-10 was originally introduced to make the streets and communities safer. The way they plan on doing so is through the get tough on crime approach. There are a variety of different debates on whether this approach is what is going to increase the safety in Canadian communities. The tough on crime approach is done in two ways, through deterrence and incapacitation. Deterrence is stopping someone from committing crimes through the fear of punishment whereas incapacitation means to physically prevent someone from committing crimes such as locking them up in prison.
One of the consequences following the amendments of Bill C-10 is the idea that more people will be incarcerated. The concept of incarceration only leads to more problems in the future. It does not reduce crime rates nor does it rehabilitate offenders to prevent them from re-offending (Mallea, 2010). If anything, the threat of long sentences does not often deter young individuals from committing crimes because they do not believe that they will get caught. They do not yet have the capacity to think of the consequences when they are taking part in criminal activity (Tompa, 2008). There are studies that have proved that long periods served in prison provide the unexpected and unwanted results. It only increases the chances that the offender will offend again (Mallea, 2010).
The tough on crime approach that is enforced in Bill C-10 provides judges with the ability to incarcerate people whose offences do not require time in custody. Placing someone in prison is expensive and financially affects the country as a whole. Each prisoner in Canada’s federal penitentiaries costs taxpayers $117, 788 which is seen to be 46% more from just a decade ago (Public Safety Canada, 2015). Federal corrections’ spending has reach around $2.7 billion in 2013, which is $1.1 billion more than in 2002 and 2003 (Public Safety Canada, 2015). As the number of inmates increases, the number of staff needs to increase as well, whether it is parole officers, correctional investigators, or correctional officers. Statistics show that there were five hundred extra correctional officers hired to watch individuals who were incarcerated (Public Safety Canada, 2015). The touch on crime approach has shown an increase in incarcerated individuals. There were 2,082 more individuals serving sentences in prison longer than two years compared to what the numbers were a decade ago (Public Safety Canada, 2015).