Chronic Repeat Offenders -- Vancouver Police Blame Judges For Overly Soft Sentencing

Blaming the criminal system for Vancouver’s chronic repeat offenders misses the real problem – a failure to deal with the public health impact of drug addiction. Criminal justice, together with public health measures, can address the problem but the two systems standing alone are doomed to failure.

Punishment for crime in Canada is premised, at least in part, on the concept of specific deterrence. Specific deterrence is applied most strongly to property crimes for profit where, it is assumed, the criminal is a relatively rational actor who will consider “is it worth it?” Practically speaking specific deterrence can work – I have seen criminals, after a fairly short jail sentence, swear off crime (in fairness I have not seen this very often but it does happen).

The problem with specific deterrence is that it presumes a rational actor. And that is exactly what we do not have when dealing with the drug addicted and, perhaps, mentally ill, criminals of Vancouver’s Downtown Eastside. Such individuals do not, and cannot, pause to consider the possible punishment for a crime they are about to commit. As a result punishment acts as little or no deterrent to further crime.

The criminal system is not designed to treat addicts and while there is some treatment available in prison it is time limited and usually under resourced. Voluntary drug treatment is seldom successful because, bluntly, it is unpleasant and requires willpower and funding, both of which are seldom found in criminal street addicts.

But this does not mean the problem is without solution – it merely means that “more of the same” will not work.

Vancouver’s citizens need protection and Vancouver’s drug addicts need treatment. Realizing the issue is one of both public health and criminal law is the first step. The next step might include compulsory drug treatment as now imposed in New South Wales on a trial basis (and as proposed but rejected in British Columbia in the late 1970’s).

The Australian program targets 100 repeat male offenders with long term illicit drug dependency and an associated life of crime and constant imprisonment. The program combines a term of incarceration with mandatory treatment and a slow reintegration into society. Jail is followed by custody in the community with ongoing supervision – initial results from the program seem positive.

The chronic repeat offenders of Vancouver (and all the other major centres in Canada) show our present approach has failed – we have to move on from the war on crime mode to a practical approach that protects society while rehabilitating those who can be rehabilitated.