They're fighting the good fight
Senate will be the last stand for youth crime bill's foes
By LINDA
WILLIAMSON -- Toronto Sun
Against the backdrop of the mass murders of
Sept. 11 and the worldwide police investigation they unleashed, it seems
almost petty to talk about regular, everyday crime.
While the nation
convulses over sightings of "suspicious" white powder and politicians wring
their hands endlessly over a handful of ugly hate crimes, there's little
appetite for seemingly mundane issues like youth violence.
People want
to talk about the interest rate, which has just hit a 40-year low, not the
youth violence rate, which is at an eight-year high.
All of which is
understandable, but doesn't make it right.
Especially when, amid the
flurry of "anti-terrorist" busywork that has overtaken Ottawa, a major
legislative milestone - or land mine, depending on how you look at it - is
looming.
Yes, two long years after it was first introduced (after
years of dickering before that), the replacement for the Young Offenders Act -
the new Youth Criminal Justice Act (YCJA) - is about to be passed by the
Senate.
Justice Minister Anne McLellan has long been counting on this
to play out as a case of good riddance to a hated law. An Angus Reid poll
found 73% of Canadians had no confidence in the YOA, notorious for being too
soft on young criminals.
What's not as well known, however, is that
the cumbersome YCJA creates more problems than it solves. Critics, including
victim advocates across the country (and yours truly), have tried to sound the
alarm. But it's been an uphill battle against public fatigue over the YOA, the
mind-numbing complexity of the bill itself, and the lack of a sufficiently
high-profile youth crime to rally public opinion.
McLellan has touted
the YCJA as a great Liberal compromise, promising it will be soft on
non-violent offenders but tough on the truly serious criminals. And she would
never mislead Canadians, would she?
Before Sept. 11, there was still
some hope in law-enforcement circles the YCJA could be stopped. A last stand,
if you will, at the Senate.
PETITION REVIVED
Joe
Wamback, the Newmarket father whose son, Jonathan, was nearly beaten to death
by a group of young thugs in 1999, revived his million-signature petition for
a youth crime law that would truly make young criminals accountable (read it
at www.jonathanwamback.com). Groups representing victims across the country
signed on, as did a number of Tory senators who pledged, if they couldn't get
it scrapped altogether, to at least ensure the bill didn't get the usual
Senate rubber stamp.
Ontario even contributed some heavy artillery -
Attorney General David Young not only held public hearings (something McLellan
never did) to air real concerns about the bill being too soft, he proposed 100
amendments to it. Not that McLellan was listening. (To be fair, Young's Quebec
counterpart threatened to sue the feds, saying the bill is too tough. This
argument, which has as much to do with separatist concerns as legal ones, only
helps feed McLellan's pose that the bill is perfectly balanced.)
So
what's changed after Sept. 11? Actually, nothing. The battle goes on, even if
it's no longer on the front line of public concern. Next week, Wamback, along
with Ontario's excellent Office for Victims of Crime and other victim reps,
will make a last-ditch presentation to the Senate, urging them to see reason
and stop the bill.
OBVIOUS FLAWS
Their arguments are
legion, but they centre on obvious flaws like the bill's failure to treat
assault or sexual assault as serious violent crimes, and new parole and
release rules that are even more lax than those under the YOA.
Ontario's Young will also address the Senate next week, urging, among
other things, mandatory jail time for 16- and 17-year-olds who commit crimes
with weapons.
Legal details aside, the cause is simple: we need a
youth crime law that stresses deterrence and accountability, instead of
excuses and protection for teenage criminals.
But is anyone listening,
post-Sept. 11? I truly hope so, even if it's a faint hope.
Domestic
crime might not be top of mind right now, but surely Sept. 11 has awakened our
desire for security - and broken our tolerance for lax laws based on political
correctness.
I'd like to believe we've been sensitized, to our own
complacency and the pitfalls of weak laws. We've lost patience for endless
second chances, and for non-accountability, be it in our governments, our
courts or our jails.
Yes, it's a faint hope that all this will
translate to something as specific as the YCJA. But I applaud those who carry
on the fight. It's not over yet.
Linda Williamson is the Toronto Sun senior associate editor. She
can be reached by e-mail at linda.williamson@tor.sunpub.com.
Letters to the editor should be sent to editor@sunpub.com.
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