February 21, 2012
Today SJN offers quite a variety of commentary. First, an Aboriginal projection of the impact of C-10. Then, a startling commentary from Journal of Prisoners on Prisons, thanks to Justin Piché of Memorial University. Then we have a number of articles around the assessment of minimum sentences and the parliamentary process.
Huffington Post: Canada politics
Bill C-10, Omnibus Crime Bill: Natives Unfairly Punished, Says National Chief Shawn Atleo
Atleo told the Senate’s legal and constitutional affairs committee the bill will make it even harder to break the cycle of crime that many aboriginal youth find themselves in. That will make it harder to end the poverty and lack of education on reserves the Conservatives have promised to address, he said.” http://www.huffingtonpost.ca/2012/02/20/bill-c-10-omnibus-crime_n_1289536.html
Professor Justin Piché
Journal of Prisoners on Prisons
“Reflections on My First “Free” Prisoners’ Justice Day” is a short article written by “Petey” that discusses mental health, self-harm and other challenges faced by youth in conflict with the law in Canada from the perspective of a formerly incarcerated young women. http://www.scribd.com/doc/82222732/JPP-20-1-Petey-Web
Gay New Zealand (blog)
Canada: Conservatives Face Internal Conflict over Medicinal Cannabis Derivatives
“Quebecois federal Conservative Senator Pierre Claude Nolin opposes Canada’s Harper administration through opposition to Bill C-10, the omnibus crime bill. The former lawyer worries about how the proposed legislation will affect the users of medicinal cannabis and its derivatives.” http://www.gaynz.com/blogs/redqueen/?p=516
Harvey Oberfeld (blog)
Harper Demonstrates Danger of Majority Government
“… it didn’t take long for Prime Minister Stephen Harper and his Conservative majority to start attacking Canadians’ rights. But who would have thought that they’d be SO BOLD as to try to do away with one of the basic rights of EVERY free society: the requirement that police seek a warrant BEFORE invading your personal privacy.” http://harveyoberfeld.ca/blog
Vancouver Sun
Two-thirds of B.C. criminals in community not completing rehab programs: audit
Two out of three B.C. criminals serving their sentences in the community instead of jail may not be completing rehabilitation programs aimed at preventing repeat offences, according to British Columbia’s auditor general, John Doyle. http://www.vancouversun.com/news/national/thirds+criminals+community+completing+rehab+programs+audit/6178242/story.html
Victoria Times Colonist: Iain Hunter
Judges need discretion in sentencing
“Judges are said to be learned in the law. Our Charter of Rights and Freedoms proclaims that Canada is founded upon principles that recognize the rule of law, along with the supremacy of God. But often governments, like the one in office in Ottawa today, find it difficult to use the word “law” without appending “order” to it. http://www.timescolonist.com/news/Judges+need+discretion+sentencing/6177269/story.html
The Lawyer Weekly: Christin Chmitz
No win for default sentencing
“A novel decision striking down the three-year mandatory minimum sentence for possession of illegal firearms could herald the first judicial pushback against the raft of mandatory minimum penalties emanating from Parliament, says the criminal defence lawyer who won the case.” http://www.lawyersweekly.ca/index.php?section=article&volume=31&number=39&article=2