Saturday, December 10, 2011

Is this too Machiavellian? Maybe the Conservatives want the justice system to collapse?

Almost all justice system players say the Crime Bills won't work -- maybe that certain failure is intentional? Maybe the Conservatives want the legislation to fail?

Yesterday I had a long talk with a senior Crown Attorney.

The Crown took no position on whether or not it made sense to increase sentences and send more people to jail -- the Crown said 'that's for Parliament to decide'.

But the Crown did say the Crime Bills can't work because they will eliminate guilty pleas, make people run bail hearing and generally delay matters. The Crown noted that if the 'Conservatives wanted the changes to work they'd have matched them with money for more judges, lawyers, Crowns and prisons'. Accordingly, what will happen is cases will be tossed for delay and the system will shuffle along.

Now the Crown thought people being released for delay was a failure and showed the Conservatives did not think things through. Maybe not.

This Government is not run by fools. They can see the system won't work as set up and judges will start staying charges for delay.

But then the Conservatives can blame the bleeding heart liberal judges for letting out dangerous criminals -- which will allow another round of 'let's get tough on crime' legislation.

And that new 'tough on crime' politicking will come just around the time of the next Federal election ... .

10 comments:

Paul Raposo said...

But then the Conservatives can blame the bleeding heart liberal judges for letting out dangerous criminals...

Also the reasoning Cons will use to remove competent judges, and instal right-wing ideologues. The CPC is about 10 years behind the US on this gambit, but they're quickly playing catch-up.

Carmichael said...

Not Machiavellian at all.

I would go further.

They would like to negate the entire court system not merely the criminal sections.

Kirbycairo said...

I must say James that I am not convinced that the government really knows what it is doing. I understand what you are saying - screw-up the system so badly so that it demonstrably doesn't work and use that as an excuse to make an even more draconian system in which people have so few rights that the government can do whatever it wants. I have suspected for a long time that they have pursued a similar economic strategy in order to give them the excuse to gut the entire system of social services. And I still suspect that somewhere in their minds that is what they think they are doing. However, history suggests that such strategies are wildly ineffective. If that is what they are trying to do, I think it will have a terrible impact on their party in the future. However, I just think that they are so blindly ideological, so blatantly self-important, that they just can't imagine that anything that is motivated by their ideology could ever possibly be wrong. I suspect there are people within the party who know that the crime bill is a looming disaster, but it is the old problem of centralized power that prevents cooler heads to prevail. Remember Kruschev's famous speech to the Politburo when he finally condemned Stalin and someone called out "where were you when all this was happening." Kruschev yelled out in anger demanding to know who had spoken and when no one was willing to admit that they had questioned him, he said "Now you know where I was when it was happening." It may be an apocryphal story but I it illustrates what I suspect is happening within the Conservative Party. Any member of the caucus who suspects things are profoundly wrong, simply doesn't have the courage to speak up. The Conservative MPs who are not simply ignorant hillbillies (and there are a few) either can't believe their luck in staying in power so long or they just know how draconian Harper is.

We will know the answer when this particular Conservative Government begins its inevitable decline. Will the rats leave the sinking ship and attempt to distance themselves from the draconian cabal and implicate others in the legacy of corruption and anti-democratic policies?

Anonymous said...

"The Crown noted that if the 'Conservatives wanted the changes to work they'd have matched them with money for more judges, lawyers, Crowns and prisons'"



This is all about money.


Canada's justice system is the lenient int eh world.

Give me one system that is more lenient than Canada's.

Are you proud of that Morton?

Vietnamese citizens come to Canada to grow thousands of pot plants because if they did it in their own home they would be killed.

Why do all the foreigners come here to grow pot James?

Why is that?

Kirbycairo said...

Ok, Anonymous I will name more than one - Norway, Sweden, Finland, Denmark, Iceland - we could go on. People like spew verbal diarrhea and have NO idea what you are talking about.

And guess what - all of these countries are among those with the lowest crime rates - including Canada. The CPC approach, if enforced and left in place would increase the crime rate considerably over a twenty year period, meanwhile the system in California and Texas (on which the Conservatives have based their approach) have both been sent bankrupt with increasing crime rates and both are now looking for a system closer to how Canada's has been.

PS - You're and idiot.

Anonymous said...

"Norway, Sweden, Finland, Denmark, Iceland"

These countries are more lenient than Canada?

Give me the evidence.

Raping a child only gets you 2 years in Canada.

Murder 1 gets you in 25 years.

Killing your own kid gets you house arrest?

How is any country more lenient than that?

Give me the evidence.

Anonymous said...

"meanwhile the system in California and Texas (on which the Conservatives have based their approach) have both been sent bankrupt with increasing crime rates and both are now looking for a system closer to how Canada's has been. "


PROVIDE THE LINK WITH THE EVIDENCE.

Just because your Marxist Prof said so, doesn't make it so.

The most liberal states in the USA have the death penalty.

Quit clowning around.

People in Canada commit crime because they know there is no hard time involved. The Canadian justice system actually creates crime.


“During a 33-year period from 1975 to 2008, some 508 criminals who, after extensive psychological testing and interviewing were judged no danger to public safety by the National Parole Board, were released from prison and in that period killed 557 perfectly innocent Canadians.”


The Canadian justice system and the political bureaucrats who enforce this system are DIRECTLY RESPONSIBLE for each and every death.

And you're telling me the system is just right?

I don't think any of the dead would agree.

Anonymous said...

Here's a Snapshot from p. 374.

The National Parole Board’s Robots

Let us try to imagine what the public would think if the National Parole Board had lots of cute little mobile robot devices – you know, cuddly little fellers - that are computer-programmed to do nothing at all, most of the time.

But some of them are programmed to fire a bullet into a crowd at random and without warning at some unspecified time after they are set free. The NPB places hundreds of these robots “in the community” – in malls like the Eaton Centre, in Toronto, where they simply mosey around, gliding up and down the hallways, in and out of stores, minding their own business. We know statistically that at an unpredictable time in the future, a predictable number of these robots will fire their bullet into the crowd and a predictable number of innocent Canadians will die.

That is my mind experiment

Now I ask: could someone explain to the Canadian public how the National Parole board releasing into the public previously-identified violent criminals who have a known rate of repeat violent crime, is different from sending random-killing robots to roam about in public? I suggest there is no difference whatsoever – except that the robot has even less emotion about this than the criminal, and no motive.

However, if our parole board did in fact send such robots into the public to kill with predictable certainty, there would be violent public fear and outrage. The NPB would be dragged before a Public Commission (a Canadian must), and those responsible for release decisions severely punished. Actually, they would be charged as accessories to murder.

But … what is the difference between the predictable repeat offender, and the predictable robot?




williamgardiner.com


This guy is a Canadian hero.

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