FEDERAL CONSERVATIVES TOUGH ON CRIME BILL TAKES ANOTHER HIT

Today's Waterloo Region Record advises us that another judge has struck down a section of the 2008 Omnibus Crime Bill. Justice Alan Bryant of Ontario superior Court has declared unconstituional the section dealing with dangerous offenders. The title of the Record article is "Part of Tory crime law struck down by judge".

The section involved dealt with changing the onus of proof from the Crown to the defendant. "Tradionally the crown had to prove several requirements before someone is designated a dangerous offender, including a pattern of dangerous behaviour or likelihood of causing pain through a failure to control sexual impulses.". A prime example of this was the sucessdful designation of Paul Bernardo. With the new law the Conservatives passed "All the crown had to prove was that the offender was convicted of those (3) offences and was sentenced to at least two years. The offender then had to try to prove that he or she did not have a pattern of dangerous behaviour."

While there understandably is very little sympathy for convicted violent offenders nevertheless the designation of a dangerous offender means a felon can be given an indeterminate sentence and thus be locked up for life. Indeed there are cases where this is necessary (Bernardo) however the Crown had no difficulty proving their case with him and the idea of reversing the onus of proof is contrary to the Canadian constituion.

What I find strange is the apparent poor legal advice the governing Conservatives seem to be receiving. Why pass legislation that is unconstituional in the first place? Is it possible that they are trying to rewrite the constituion via the back door? If no one opposes them and takes their legislation to court do they then get a free pass to do as they please? The good news is that someone cared enough to challenge this change. Currently a single conviction of manslaughter or murder wouldn't come close to a life sentence. Therefore a dangerous offender designation based upon three convictions with only two year sentences seems well out of proportion.