Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Wednesday, September 28, 2011

Tories drop the ball on dropped cases

It is the kind of statistic that seems ready-made for a Conservative talking point about the importance of being tougher on crime: as many as 40% of alleged offenders in Canada are returned to polite society before they have even faced justice.

And yet, funny thing about that nugget, which happens to be true: the Tory omnibus anti-crime bill introduced last week will only make it worse.

Most people are likely aware a decent number of criminal cases are dropped - withdrawn, dismissed or stayed - before guilt or innocence of the accused is established. But the scope of those numbers is surprising.

An even 30% of criminal cases were scrapped in Canada in 2009-10, the latest years for which numbers are available.

The figure is lower in the smaller provinces and highest in Ontario, where 40% of cases are stayed or withdrawn before resolution. In Alberta, it's 33%. In British Columbia, 27%.

These aren't necessarily all cases of justice denied, of course. The lack of a reasonable prospect of conviction, lengthy delays in getting to trial, evidence that exculpates the accused: any or all could contribute to the dismissal of a case. But hundreds of millions of taxpayer dollars are being spent on cases that go nowhere.

It is, as one criminologist who sat on a panel advising the Ontario government about the burdens on the justice system told the National Post in 2009, "a significant waste of resources." And, "The courts are a mess."

At the time, the Post had assembled statistics covering 2004-07, and found that the 30% nationwide number was consistent throughout that period.

Ontario, which recognized there was a problem, had a task force - "Justice on Target;" it's always good to include a pun in the title of your task force - to deal with it.

On Monday, I asked the Canadian Centre for Justice Statistics for the latest numbers. I found things haven't changed: 30% of cases are still stayed or withdrawn in Canada. In Ontario, the number has actually climbed slightly, from 38.7% in 2006-07 to 40% in 2009-10.

It seems like the kind of issue a government that often warns of the plague of recidivists who are turned loose by soft prosecutors and softer judges might want to address. Because, while some portion of that 30% are likely nonoffenders getting their proper due, there's no doubt a considerable percentage of criminals is beating the system, too. Aren't those just the sort of nogoodniks Justice Minister Rob Nicholson is always going on about?

Instead, the Tory anti-crime bill will only exacerbate the problem. Small-time criminals who might have been willing to plea bargain their way to a minor penalty will be loath to do so when the punishment is, say, a mandatory minimum of six months in prison.

More lawyers, less dealmaking, more inevitable delays. Provinces like Ontario and Alberta, already strained by an inefficient system, will only see their burden increased.

None of this matters to the federal Conservatives, though, who have rather proudly stated they are responding to the desires of the public rather than the needs of the justice system since, as it happens, crime rates are falling. They campaigned on a populist anti-crime platform, and so it's populist anti-crime legislation this country will get.

Other politicians have taken notice.

John Cummins, the B.C. Conservative leader, said on the weekend he wants to see his province, which puts the power to lay charges in the hands of prosecutors, give that power to police, as is the case in most provinces.

Polishing his tough-oncrime bona fides, he said Crown prosecutors bring forward only the cases with the best chance of conviction, leading to a "catch and release" justice system. It's the kind of talk that would make his federal cousins proud.

But the statistics show the acquittal rate in British Columbia is about double that of Ontario - about 2% compared with less than 1%. In Ontario, where police have the power to lay charges, the result isn't a higher percentage of guilty verdicts, it's a higher percentage of cases that are dropped before trial.

It's not a particularly desirable outcome, but presumably Mr. Cummins isn't worried about that. He wants to be seen as on side with the cops; the impact on the system is just the fine print.

Bad crime policy, but good politics. Hey, it worked for the Tories in Ottawa. No wonder he wants to try it out in B.C.

Origin
Source: National Post 

No comments:

Post a Comment