On Dec. 12, 2010, Canadian Justice Minister Rob Nicholson sat down with the Canadian Press. With only one week left before the Christmas break, Nicholson told CP that he wanted the opposition parties to help the government pass the many crime bills that are currently before the House of Commons or the Senate.
Nicholson was quoted as saying, “the vast majority of people support us on this” and accused the opposition of delaying the various pieces of legislation by arguing over semantics.
When asked to prioritize the tough-on-crime bills, the Justice Minister named four pieces of pending legislation that he would like Parliament to give priority to.
Bill S-6: Serious Time for the Most Serious Crime Act
When Canada abolished capital punishment in 1976, the offence of capital murder was replaced by the charge of first degree murder. First degree murder carries a mandatory sentence of life imprisonment with no possibility of parole for 25 years.
A procedure currently exists where those who are not eligible for parole for 25 years can make an application or applications after serving 15 years of their sentence. Known as the “faint hope clause”, the main purpose of this bill is to require all persons convicted of first degree murder to serve at least 25 years before being eligible to apply for parole. It eliminates the faint hope clause.
If the bill is passed, it will only apply to those who commit murder after the faint hope clause is done away with. Those who murdered someone prior to the legislation coming into force will see the rules as to when they can apply for parole and how often, tightened.
Families of murdered victims have long complained about how often parole hearings are held for those who have been convicted of first degree murder.
The faint hope clause will also be eliminated for the offence of high treason.
Bill S-10: Penalties for Organized Drug Crime Act
This piece of legislation that is currently before the Senate deals with Schedule I drugs (heroin, methamphetamines, cocaine) and marijuana.
Various mandatory minimum sentences would be imposed for trafficking, possession for the purpose of trafficking, exporting, importing, manufacturing drugs and growing marijuana.
The imposition of the mandatory minimum will depend upon the presence of aggravating factors. Regarding Schedule I drugs, the punishment will be a mandatory sentence of at least one year if the offence is committed for an organized crime group, violence or the threat of violence is used or the person who committed the offence had been previously convicted of a designated drug offence in the last 10 years.
A mandatory two year minimum sentence will be imposed if a youth or youths were present at the scene and the sentence becomes a minimum of three years if the wrongful act is determined to constitute a serious hazard to health or safety.
Regarding marijuana, minimum penalties will apply to someone growing weed and the minimum will vary depending upon the number of plants involved. A six month minimum will be handed out for growing as few as six plants.
C-23: Limiting Pardons for Serious Offences Act
This legislation extends the time that those convicted of serious criminal offences must wait before they are eligible to apply for a pardon. As well, the Act allows the Parole Board of Canada to consider more factors when determining whether or not to issue a pardon.
The bill was introduced after Canadians became outraged after learning about the pardon given to Graham James. James, a hockey coach, pleaded guilty to sexually assaulting two teenage players including former NHL player Sheldon Kennedy. In 1997, James was sentenced to three and one-half years in the penitentiary.
In early 2010, it was discovered that James had been pardoned for his crimes and was living happily in Mexico. James is now awaiting trial on other sexual assault charges involving other young players.
The Bill also denies pardons to anyone who has been convicted of three or more indictable offences.
Bill C-48: Ending Sentence Discounts for Multiple Murders Act
Under the Criminal Code, no sentence can be imposed that is consecutive to a life sentence. Anyone who is convicted of first degree murder and other murders (either first or second degree) is eligible to apply for parole after 25 years in jail.
This bill gives discretion to judges to increase the parole eligibility period for those who are convicted of multiple murders. The judge may but is not required to impose consecutive parole eligibility parole periods for multiple killers.
The judge can take the surrounding circumstances of the offences into account and consider the jury’s recommendations, if any. The judge must provide written reasons as to the calculation of an increased period of parole eligibility.
Nicholson Accused of Playing Politics
Almost immediately after Nicholson’s comments, the opposition fought back. Marlene Jennings, the Liberal justice critic, was quoted as saying that it is the government, not the opposition that is stalling the crime bills.
Jennings said the government makes a big production when a bill is introduced and then just ignores it.
The opposition claims that the government is putting politics ahead of public policy.
The Conservatives’ crime legislation is popular with those who have kept them in power; if all the current bills become law, they would have little to run on in the next election.
Hansard – Canada, retrieved Dec. 14, 2010
Winnipeg Free Press, Liberals once again say Harper Tories playing politics with crime bills, retrieved Dec. 14, 2010
Globe and Mail, Ex-coach Graham James pardoned for sex abuse that rocked NHL
Arthur Weinreb - Weinreb is an author, associate editor and columnist with Canada Free Press and the Canadian Affairs Feature Writer for Suite 101.
Join the Conversation