Leg: Conditional Sentencing, Mandatory Min., Libs Fudging Data

Justice Critic MP Vic Toews: www.VicToews.com

OTTAWA: Official Opposition Justice Critic Vic Toews today said the government's legislation dealing with conditional sentencing will not prevent violent and repeat offenders, drug dealers, and sex offenders from receiving house arrest sentences for their crimes.

Justice Minister Irwin Cotler has done nothing but restate the current sentencing principles in different legal language. The end result is exactly the same violent and repeat offenders will still have the opportunity to serve their jail sentences at home, said Toews.

Toews said while the bill's provisions attempt to limit the discretion of judges to impose house arrest, past laws with similar provisions have failed to keep violent criminals and repeat offenders behind bars.

"Despite mandatory periods of incarceration for convicted murderers, the "faint hope" clause in the Criminal Code provides a discretionary escape hatch for murderers which, according to the Canadian Profession Police Association, results in 80 per cent of convicted murderers becoming eligible for early parole," Toews said. "Recently we also learned that similar legal presumptions resulted in only 50 per cent of those who committed the most serious violent offences are being included in the DNA databank."

Toews pointed out that despite the drug trade being a major factor in the increase in firearms violence, serious drug trafficking offences are not even specified in this legislation.

"Parliament should be sending a strong message to the courts that house arrest should never be available for violent or repeat offenders, for drug dealers, and gunmen who are destroying our communities," Toews said. "Instead the Minister fails to stand up for the rights of victims."

Toews also noted the Minister used selective statistics to justify his opposition to mandatory minimum prison sentences, so he could justify the benefits of house arrest.

"Despite the Minister's statistical shell game, the rate of violent crime continues to climb. Inventing new means of recording offences doesn't mean the crimes didn't happen. The Liberals are simply fudging the data in a social experiment in order to get the answers they want," Toews continued. "The Conservative party will continue to stand up for law enforcement officers, victims of crime, and concerned Canadians who want real reform of our criminal justice system."

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