Tracking the Politics of Criminalization and Punishment in Canada: 12/1/07

Sunday, December 23, 2007

Week of December 17, 2007

Sunday, December 16, 2007

This week the politics of crime and punishment continue to be obscured by the sideshow antics of the Schreiber-Mulroney affair. Add to the mix, the climate change talks in Bali that failed to set hard-targets for emissions in favour of more talk, one would expect a slow week. I'm quickly learning to lower my expectations.

On Monday, we learned that Western Opinion Research conducted a $68,500 public poll commissioned by the Privy Council Office that asked Canadians in six cities whether 'tackling crime' constituted a major priority in their lives. Apparently not, as the focus group participants did not flag crime or personal safety as a central preoccupation. Such a finding is supported by the research of Reginald Bibby of the University of Lethbridge who, using Statistics Canada data, observed a decline amongst Canadians who perceived crime and youth crime to be a serious problem (crime: 1975 - 60 of 100, 2006 - 33 of 100 / youth crime: mid-1970s - 42 of 100, 2006 - 25 of 100). With this knowledge available to them the anti-intellectual Conservative Administration continues to purport that the majority of the Canadian public wants the federal government to 'get tough on crime' and that the threat to public safety is grave in spite of evidence that demonstrates we currently enjoy the lowest levels in crime in 25 years . This is populist punitiveness – politics of punishment that aim to play to public sentiments of fear for political gain – that is arguably moving forward without popular support. The Canadian case indeed throws a wretch into existing theories that aim to make sense of mass incarceration that posit that massive public support is a necessary feature of increasing punitiveness.

Of greater interest this week, is the unveiling of two reports that may potentially have major ramifications for the Canadian criminal justice system.

On Thursday, the Report of the Corrections ('Blue Ribbon') Review Panel – “A Roadmap to Strengthening Public Safety” – was released. The document contains 109 recommendations including proposals to 'bolster' federal prisoner accountability through amendments to the Correctional and Conditional Release Act (CCRA, 1992), to eliminate drugs from penitentiaries through increased surveillance and stricter regulations for visitors, to increase employment programs and plans to construct regional federal prison complexes in a so-called effort to address the challenges of corrections in the 21st Century. I am currently reviewing the contents of the report and will issue a special commentary on its contents later this week. It should be noted that the efficacy many of the recommendations of the panel have been criticized by a number of prominent organizations including l'Association des Services de Réhabilitation Sociale du Québec, Block Parent Program of Canada, Canadian Association for Community Living, Canadian Associations of Elizabeth Fry Societies, Canadian Bar Association, Canadian Criminal Justice Association, Canadian Families and Corrections Network, Canadian Psychological Association, Canadian Training Institute, The Church Council on Justice and Corrections, Conflict Resolution Network, The John Howard Society of Canada, National Association of Friendship Centres, Native Counselling Services of Alberta, The Salvation Army, Seventh Step Society of Canada, St. Leonard's Society of Canada and YOUCAN - Youth Canada Association. You can expect a surge of critiques to be released in the coming weeks that will highlight the cracks in this review that cost Canadian tax payers $3.5 million for the 50 days of work undertaken by the five authors of the report, their expenses and the costs of running a temporary secretariat to facilitate the operations of the panel.

On Friday, the Report of the Task Force on Governance and Cultural Change in the RCMP – "Rebuilding the Trust" – was released recommending a major restructuring of the RCMP, specifically around matters of organization reform. The report recommends that the RCMP be converted to a separate entity, at arms length to government (but still responsible to the Minister of Public Safety). One of the primary reasons cited for this recommendation is the desire to see the RCMP financially independent and capable of handling its own resources and hiring processes. The second major recommendation of the report is that legislation be enacted to establish a Board of Governors who would oversee the RCMP. The third recommendation sets out guidelines for a new Independent Commission for Complaints and Oversight for the RCMP (ICCOR), a body that would be able to respond to public and internal complaints, initiate its own investigations, subpoena witnesses, compel testimony and publish public reports. The remainder of the report addresses a number of issues that follow from the conclusion that (paraphrasing) "The RCMP is a noble institution staffed by upstanding individuals who persevere in their work despite the presence of an inefficient command structure, dysfunctional organization, lack of resources, and excess of expectations". Mike Larsen, a PhD student at York University, who has contributed this initial analysis will be writing a longer review to be posted on the site this week. In the meantime, one issue that should immediately be noted and explored is the apparent fit (or lack thereof) between the proposed ICCOR structure and the type of national security review structure set out by the O'Connor Commission.

Having read several reports calling for dramatic changes in both the realms of corrections and policing in Canada over our history, I suspect that the contents of "A Road Map to Strengthening Public Safety" and "Rebuilding the Trust" contain more of the same – accounts of systems in crisis, a call for more resources and the implementation of 'innovative' practices (old wine in new bottles), and proposals for current structures to be kept in place paving the way for failing apparatuses to survive and expand. For now, judgement must be reserved, pages need to be read and content analysed.

December 10, 2007:

Wednesday, December 12, 2007

Week of December 3, 2007

While last week will likely be remembered for the Pickton guilty verdict, the National Parole Board's (NPB) decision to deny day parole to Robert Latimer is perhaps the most controversial and consequential event of the past seven days.

Latimer killed his young daughter who suffered from cerebral palsy destined for a life of suffering and was sentenced to life without (full) parole for 10 years. On Wednesday he was denied permission to spend his days in a community (Victoria) and his nights in a federal penitentiary (William Head Institution) 2 provinces away from his home near Saskatoon after 7 years in detention. The main reason behind the decision: he would not admit he committed a crime and showed no remorse.

Listed below are the 4 core values which guide the decisions of the National Parole Board:
1) We contribute to the attainment of a just, peaceful and safe society.
2) We respect the inherent potential and dignity of all individuals and the equal rights of all members of society.
3) We believe that the contribution of qualified and motivated individuals is essential to promoting the achievement of the Parole Board's Mission.
4) We are committed to openness, integrity and accountability in the execution of our mandate.

Core Value 1 requires the NPB to consider whether the applicant poses a risk to the community and can be safely reintegrated into society. Arguably, the recent Latimer decision ignores the fact that the applicant poses virtually no risk to society as his actions were clearly a one-off type ordeal.

Core Value 2 requires the NPB to consider "that the constraints placed upon each offender are the least restrictive necessary to promote the protection of society". Again, the recent Latimer decision ignores the actual risk level of the applicant. However, it should be noted that because Robert Latimer has never admitted that the act he committed was a crime, the NPB believes he had not dealt with the act committed in a manner that reflects the thoughts of a responsible person. Note: when in a parole hearing, no matter the act, not saying "I'm sorry" trumps the fact that you pose virtually no risk to society.

This development, although troubling is not at all surprising. In the late 1980s, corrections in Canada adopted a cognitive panacea which shaped their operations. Through this interpretive lens, anyone who has committed a crime becomes the eternal 'offender', someone who has committed a 'crime' for reasons emanating from cognitive troubles requiring that the blameworthy individual be given 'opportunities' to acquire new skills, attitudes and behaviours through 'correctional' programming. No matter the circumstances, root causes are left unaddressable as the context is left untouched. But the beat goes on, the meta-narrative left for others to consider, as all crime is presented as symptomatic of individual dysfunction despite evidence to the contrary.

Mercy for none - justice for none - pain for all.

December 3, 2007:

NDP demands extra hearings on security certificates
http://www.ndp.ca/page/5963

December 4, 2007:

Conservative crime bill misses the mark
http://www.green.ca/en/releases/04.12.2007b

Native community angry after police question teen about shirt
Chief says Thunder Bay incident reflects larger issue of racial profiling: 'What crime did he commit other than being a native person?'
http://www.theglobeandmail.com/servlet/story/RTGAM.20071204.wfieldtrip04/BNStory/National/?cid=al_gam_nletter_newsU

December 5, 2007:

Winnipeg boy, 14, dies in suspected firebombing
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071204/winnipeg_fire_071204/20071204?hub=Canada

Message de Gilles Duceppe à l’occasion de l’anniversaire des événements tragiques de l’École polytechnique de Montréal
http://www.blocquebecois.org/fr/manchette_detail.asp?id=9925905

Parole board denies Latimer's bid for partial freedom http://www.cbc.ca/canada/story/2007/12/05/latimer-parole-mtg.html
In Depth – Robert Latimer
'Cruel & unusual': The law and Latimer
http://www.cbc.ca/news/background/latimer/

New RCMP backup policy could cost millions
http://www.cbc.ca/canada/story/2007/12/05/rcmp-backup.htm

Air India task force hampered by toxic work environment: RCMP officer
http://www.cbc.ca/canada/story/2007/12/05/airindia.html

December 6, 2007:

RCMP close to policy on when to call for backup
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071205/rcmp_protocol_071205/20071205?hub=Canada

Latimer parole decision sparks public debate
http://www.cbc.ca/canada/saskatchewan/story/2007/12/06/latimer-parole-reaction.html
Observers divided over Latimer parole decision
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071205/Latimer_071206/20071206?hub=Canada

Top court won't hear extradition appeal of man accused in U.S. slaying
http://www.cbc.ca/canada/story/2007/12/06/scoc-application.html

RCMP, CSIS heads testifying at Air India
http://www.cbc.ca/canada/story/2007/12/06/airindia-inquiry.html

Prison would be a 'bore,' Conrad Black says
http://www.cbc.ca/canada/story/2007/12/06/conrad-black.html

Dion’s Year of “Hero”-ics
http://www.conservative.ca/EN/2459/94782

Statement from Liberal Leader Stéphane Dion on National Day of Remembrance and Action on Violence Against Women
http://www.liberal.ca/story_13401_e.aspx
NDP statement on National Day of Remembrance and Action on Violence Against Women
http://www.ndp.ca/page/5979

Gilles Duceppe unit l’opposition contre la peine de mort
http://www.blocquebecois.org/fr/manchette_detail.asp?id=9925908

T.O. councillor wants army to battle gang violence
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071206/councillor_wants_army_071206/20071206?hub=TopStories

December 7, 2007:

'Merry Xmas Isaac, I hope you've learned your lesson'
http://www.theglobeandmail.com/servlet/story/RTGAM.20071207.wgtwiiguitar1207/BNStory/Technology/home
Vancouver airport announces changes after Taser investigation
http://www.cbc.ca/canada/british-columbia/story/2007/12/07/bc-yvrtaserchanges.html

Citizens to fight crime with patrols in Halifax
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071207/commons_watch_071207/20071207?hub=TopStories

December 8, 2007:

MP hopeful in fight to honour slain Ontario officer
http://www.cbc.ca/canada/ottawa/story/2007/12/08/garrett-medal.html
PM to make slain officer eligible for medal
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071208/cop_medal_071208/20071208?hub=Canada
December 9, 2007:

Pickton found guilty on 6 counts of 2nd-degree murder
A scream and cheers echo through courtroom as verdicts read
http://www.cbc.ca/canada/story/2007/12/09/pickton-verdict.html
Pickton guilty on 6 counts of second-degree murder
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071209/pickton_verdict_071209/20071209?hub=Canada

Monday, December 3, 2007

Week of November 26, 2007

In 2005, we had the 'Summer of the Gun' and in light of recent reports, 2007 may be remembered for the 'Fall of the Taser'. Although, it is unlikely that the events of this period will spawn efforts to Tackle Tasers as political interventions in the sphere of crime and punishment are with few exceptions reserved for ‘suitable enemies’.

With electricity in the air, crime talk pertaining to the Tackling Violent Crime Act has not featured prominently in the news media or in the communications of political parties this week. Nonetheless, a few cracks in the rhetorical shield of Canada's ‘new government’ have been spotted by a few members of the media, who have chosen to move beyond the promise of slogans to examine the impact of similar legislation elsewhere. For this, they asked the simple question: has similar legislation been successful in reducing violent crime rates in the United States?

In their search for an answer, they found that the implementation of schemes including mandatory minimums, three-strikes and truth-in-sentencing legislation beginning in the early 1980s in the U.S. has not led to a reduction in such crimes. In fact, when comparing the rates of homicide in Canada which has not had such sentencing laws in place (1.8 per 100,000) to that of the United States (5.5 per 100,000) over a twenty year period (1980-2000), it seems that we may be ‘tackling’ a phantom menace.

Let me add another log to the fire by hitting your pocketbook. According to Statistics Canada, there were 129 Canadians imprisoned for every 100,000 residents, including 12,300 federal prisoners and 9,800 provincial prisoners. The cost: $2.8 billion or $126,697 per prisoner. Looking at these figures, I can’t help but wonder what a fraction of this amount invested in the lives of the affected individuals through education and vocational training could have.

- Justin Piché

November 26, 2007:
Jail staff cleared after N.S. man shot with Taser: officials
http://www.cbc.ca/canada/nova-scotia/story/2007/11/26/corrections-hyde.html

November 26, 2007:
Border agency to give details in airport Taser death
http://www.cbc.ca/canada/british-columbia/story/2007/11/26/taser-cbsa.html
More airport security, other actions needed, CBSA says in Taser incident report
Timeline traces 9 hours from man's arrival at Vancouver airport to his death
http://www.cbc.ca/canada/british-columbia/story/2007/11/26/bc-cbsareport.html?ref=rss

November 26, 2007:
Crime bills vs. bills for crimes – Copycat theme focuses on wrong problem, again
http://www.cbc.ca/news/viewpoint/vp_mallick/20071126.html

November 27, 2007:
Ottawa intent on minimum sentences despite suggested ineffectiveness
http://www.canada.com/topics/news/politics/story.html?id=fb8026cd-9734-4ca2-987e-94e2f3a67e13&k=50159

November 27, 2007:
OPP commissioner defends Tasers
http://www.cbc.ca/canada/ottawa/story/2007/11/27/ot-fantino-071127.html
Interview with Thomas Smith, Chairman of Taser International, on CBC’s The National
http://www.cbc.ca/mrl3/8752/vsu/wmv-hi/taser-intvus2-071127.wmv

November 27, 2007:
Canada moves to intervene in case of Montrealer in Indian prison
http://www.cbc.ca/canada/montreal/story/2007/11/27/india-prisoner.html

November 27, 2007:
Albertan on death row takes Canadian government to court
http://www.cbc.ca/canada/story/2007/11/27/death-row.html
Liberals Support Legal Action to Counter Conservative Death Penalty Decision
http://www.liberal.ca/story_13374_e.aspx

November 27, 2007:
Quebec victims of violent crime to get unpaid 2-year leave
Labour minister says proposed legislation 1st of its kind in the world
http://www.cbc.ca/canada/montreal/story/2007/11/27/worker-rights.html

November 28, 2007:
Organized crime, big and small, stretches across N.L., police say
http://www.cbc.ca/canada/newfoundland-labrador/story/2007/11/28/organized-crime.html

November 28, 2007:
Polish authorities probe Taser use in Dziekanski's death
http://www.cbc.ca/canada/story/2007/11/28/taser-poland.html
Poland probing death at Vancouver airport
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071128/airport_death_071128/20071128?hub=Canada

November 28, 2007:
Manitobans may face fines, jail for not reporting child porn
Child abuse laws to be expanded
http://www.cbc.ca/canada/story/2007/11/28/child-porn-law.html
Manitoba law to require reporting of child porn
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071128/manitoba_law_071128/20071128?hub=Canada

November 29, 2007:
Death-row Canadian's accomplice has been free for years
http://www.cbc.ca/canada/story/2007/11/29/albertan-death-row.html

November 29, 2007:
Strong Canada. Safe Communities.
http://www.conservative.ca/EN/2459/94256

November 29, 2007
Ian Bush shooting self-defence, commissioner concludes
http://www.cbc.ca/canada/british-columbia/story/2007/11/28/bc-ianbush.html

November 30, 2007:
Laws hinder RCMP and CSIS, says Zaccardelli
http://www.cbc.ca/canada/story/2007/11/30/zaccardelli-airindia.html

November 30, 2007:
Federal court strikes down refugee agreement
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071130/refugees_071130/20071130?hub=Canada

November 30, 2007:
NDP calls on Conservatives to get rid of Safe Third Country Agreement
http://www.ndp.ca/page/5953

November 30, 2007:
Time for a Taser debate
http://www.cbc.ca/news/viewpoint/vp_rose/20071130.html

December 1, 2007
FIGHTING CRIME –
O Cannabis! War on drugs seen as flawed echo of U.S.
http://www.thestar.com/News/article/281501

About TPCP Canada

For many living today in Canada, 'crime' is a central preoccupation despite its statistical decline since 1991. A source of fear and insecurity, many believe that punishment via imprisonment can deliver public safety, or at the very least, can avenge those who have experienced victimization. "Tackling Crime" and "Getting Tough on Crime, Getting Tough on the Causes of Crime" now form the backdrop from which penal policy is being developed.

Here you will find critical commentary that aims to make sense of recent developments in the politics of criminalization and punishment in the Canadian context. You are invited to send links to pertinent material, to contribute pieces or report broken links and severed content on this blog by contacting Justin Piché at tpcp.canada@gmail.com.