A rchive Date
[ 24-05-2000 ]
Category
[ International Relations ]
sub-Categoy
[ Canada ]
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[Report fails to consider judges
By MINDELLE JACOBS
Edmonton Sun
May 21, 2000 In its report on the justice system, the National Council of Welfare accuses governments and politicians of "using crime as a political weapon" by routinely discriminating against the poor.
Poor people are most likely to be charged by police, most likely to be denied bail, most likely to appear in court without legal representation and most likely to serve time, according to the study, Justice and the Poor.
While no one would dispute that the rich often get preferential treatment at the hands of the justice system, it's silly to imply, as the NCW has done, that the police and courts are somehow out to get the disadvantaged.
The report complains, for instance, that the police unfairly target poor communities.
"People from all levels of society commit crimes, but crime enforcement resources are heavily concentrated on the close surveillance of young men in low-income neighbourhoods," it says.
"Not surprisingly, the resulting crop of suspects picked up and charged by the police do not reflect the distribution of crime so much as the distribution of poverty in our society."
So the cops are supposed to keep a close eye on old men in high-end neighbourhoods instead?
Are we supposed to ignore the fact that young men have always been overwhelmingly responsible for violent crime? Or that the vast majority of routine calls the police respond to are from poor areas?
If the police weren't spending so much time investigating assaults, robberies, crack houses and killings in the inner city, perhaps they'd have more time to probe the white-collar crime the NCW seems to think is rampant in the rich suburbs.
If there's any plot here, it's not a secret government agenda to put as many poor people in jail as possible. It's an attempt to persuade Canadians to believe that society - not individual behaviour - is responsible for crime.
If a poor person is convicted of a crime, it can't possibly be his fault. That's the government using crime as a political weapon, right?
Take the council's concern over the zero-tolerance policy regarding domestic violence.
"Mandatory charges can have the effect of increasing wife abuse, especially when the husband is unemployed," says the report.
It recommends a review of the effects of mandatory charge policies in domestic assault cases and a change in police policy if necessary.
It is unfortunately true that abusive spouses become even more violent when the victim has called the police or fled the home.
But the answer is to help the victims rebuild their lives - not to placate the poor, misunderstood abuser by letting him continue the bullying.
The NCW also wants sentencing guidelines to do away with what it calls "shocking disparities" in sentencing and wants fine-payment schedules that reflect an offender's ability to pay.
The council clearly doesn't understand that there's a good reason for sentencing variations - each case is treated differently depending on the circumstances of the crime and the background of the offender.
If you want a rigid system, all you have to do is look at the U.S., where you can be jailed for 16 years for stealing a chocolate bar.
"You want consistency, you can achieve that," says Court of Queen's Bench Associate Chief Justice Allan Wachowich.
The downside is you don't take into consideration the individual circumstances, he says.
Without judges' discretion, "you might as well pump the facts and numbers into a computer and take whatever comes out," adds Brian Midwinter, chair of the legal aid liaison committee of the Canadian Bar Association.
As for the payment of fines, the court system already bends over backwards to accommodate the needs of offenders.
They're given time to pay if necessary or they can work them off through fine-option programs.
"If you have the money, you can get out of (being jailed). If you are poor, you go to jail," says Louise Dulude, who wrote the NCW report.
"Other provinces have social programs; in Alberta, they go to debtors' prison," Grit MLA Sue Olsen said in the legislature on Tuesday.
That's rubbish. It's more likely that those who do end up being jailed just didn't bother doing their community service or had the money but just couldn't be bothered paying, despite repeated extensions.
Judges only accept so many excuses before they bite back.
The NCW does make some decent recommendations in its report, however.
It calls for more money for the legal aid system and more diversion programs for minor crimes, especially for youths, so fewer people are jailed.
But that takes money and political will - neither of which are easy to pry out of politicians. The NCW's holier-than-thou tone doesn't help.
Mindelle can be reached by e-mail at mjacobs@sunpub.com
 World Fact Book (CIA)]
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