OTTAWA — Justice Minister Rob Nicholson is promising legislation before the end of the year to further toughen sentences for youths convicted of serious crimes – despite a ruling by the country's highest court that has narrowed his legal options."We want to move on this in the fall," Mr. Nicholson said in an interview with The Canadian Press.
"It's part of the government's overall crime-fighting strategy. ... We're absolutely committed to this, it's one of the focal points of this government."The Tories promised, in the last election campaign, to change the Youth Criminal Justice Act to make it mandatory for anyone over the age of 14 to be sentenced as an adult for serious offences such as murder, manslaughter and aggravated sexual assault.
Many criminal law experts say that proposal went out the window when the Supreme Court of Canada ruled in May that even the less onerous sentencing practices adopted by the previous Liberal government went beyond the proper constitutional bounds.
Mr. Nicholson insisted, however, that he hasn't given up the fight even though he may have to modify his tactics."I think there's quite a bit of room for us to move," he said. "And we intend to move in a direction that will hold young people accountable – particularly young people who commit serious and violent crime."
He brushed off any suggestion that the government would use the so-called notwithstanding clause, a constitutional mechanism that would allow it to override the Supreme Court decision.
There should be plenty of leeway to reform sentencing practices short of that kind of move, said Mr. Nicholson. But he refused to elaborate until he has concluded a round of consultation now under way with the provinces and groups who work with young offenders. The federal minister is scheduled to make a swing this week through Newfoundland and Labrador, New Brunswick and Prince Edward Island, the last three provinces on his list.
He wouldn't say how soon he intends to bring in legislation when Parliament returns from its summer recess in mid-September, cautioning he'll have to consult Tory House leader Peter Van Loan on the exact timetable. But Mr. Nicholson was adamant that he wants to move "as quickly a possible on it."
The Supreme Court, in its 5-4 ruling in May, struck down sentencing provisions brought in by Jean Chrétien's Liberals that made it easier to hand out lengthy adult prison terms to youths for serious offences. The Liberal policies had forced defendants to bear the burden of proof in arguing why they shouldn't get adult sentences once convicted.
Most analysts believe that if the Liberal reverse-onus provisions couldn't pass muster under the Charter of Rights, then the mandatory sentencing regime proposed by the Conservatives would be struck down as well.
One Tory strategist, speaking on condition of anonymity, acknowledged that the May judgment "tied our hands a bit."
3 comments:
Isn't it amazing that you can kill someone at the age of 17 and the most time you can do is 6 years?
The Supreme Court of Canada is legislating from the bench when all they should be doing is interpreting law.
It's about time that violent, psychopathic teenagers be held accountable for their heinous crimes.
The Supreme Court of Canada is a joke, and this is another example.
Canadians are behind Harper's plans.
That should be enough to change the lax laws.
Johnathon,
I tend to agree that the legislation that got struck down was not unpopular. The real challenge for the Feds will be to "dance between the raindrops" and come up with something that might work. The SCC decision left some openings but not many.
james
I think the Supreme Court made the wrong decision earlier this year. It will be interesting to see what the current Minister will be able to enforce within this system.
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