Tracking the Politics of Criminalization and Punishment in Canada: 1/1/08

Monday, January 21, 2008

Week of January 14, 2008

You’re father died in a car accident four years ago – a passenger in a vehicle driven by an intoxicated driver, a close friend. Through the criminal justice process, guilt of the driver is established and the judge asks you to offer a victim impact statement at the sentencing stage. Having been financially compensated earlier in a civil court, you ask the judge to sentence your father’s friend to a conditional sentence which requires him to speak about that harms of impaired driving to teens in high schools. As the direct victim, one would think that your request would have considerable weight. Instead, the judge sentences the impaired driver to four years in prison, citing the need to send a message to the public that such actions are not acceptable. Is this justice?

This is not justice, this is criminal justice. What is criminal about criminal justice is the way in which the requests of those most impacted by a given act in the name of achieving something other than human disposability can be displaced by the ‘logic’ of denunciatory deterrence. While there is a danger in privileging the voices of victims who may want vengeance, to simply wave their stake in a defining moment of their lives is to marginalize their voice, ignore their wishes, and magnify their sense of pain and injustice. The imposition of sentences is part of a criminal justice process designed to provide legitimacy of law, the criminal justice system and the body politic it is said to represent. For the son and family of Keith Magnuson, who died in a car driven by his intoxicated friend Rob Ramage, there is little that appears to be legitimate about what I’ve described above. The (criminal justice) system of human waste management marches on. In this case, it is clear that a restorative justice process in which victims and those who have caused them harm come together to explore how to make things right would have provided the justice the Magnuson family sought.

Wednesday, January 16, 2008

Week of January 7, 2008

While this week was not particularly busy week for crime news and political rhetoric on punishment, a report released by the School Community Safety Advisory Panel entitled The Road to Health: A Final Report on School Safety ought to be of great interest to students of the carceral. The panel was mandated to examine the extent of violence in Toronto schools, its causes and potential. What is interesting about the report is that it charges that zero-tolerance disciplinary policies that mandated lengthy suspensions and expulsion for ‘problem students’ was unsuccessful. In other words, removing students from the classroom does not provide other students with safety. Moreover, it was noted that such a policy does not address the root causes associated with violence in schools such as poverty which lead youth to engage in drug-related and other forms of financial crimes. While there is a discussion of root causes, the recommendations contained in the report failed to adequately propose mechanisms to address such issues, instead calling upon politicians and school boards to allocate more funds towards securing places of learning with things such as K-9 units to detect gun residue and surveillance cameras. What is striking to me, is the fact that every time a report, whether in education or corrections, denounces exclusionary policies and notes social conditions as causing the problem, the solution is to beef-up control apparatuses to contain problems rather than to solve them. For over 150 years, the correctional system has failed to provide the public with safety illustrated by glaring high recidivism rates. Kicking people out of society, much like in the classroom, does not work and if nothing else further exacerbates the problem. Every major report – from Brown (1849) to Sampson (2007) – mandated to investigate the shortcomings of corrections in Canada have noted this very fact, yet ‘more of the same’ is asked for, broader social issues left unaddressed and the meta-narrative unchanged. In a world, where ‘more is better’ we seem to be missing the point more and more in more places.

January 8, 2008:

Fighting Crime. Fighting Liberal Obstruction.
http://www.conservative.ca/EN/2459/96172

The Government of Canada supports Halifax prevention of youth gang activity and crime
http://www.publicsafety.gc.ca/media/nr/2008/nr20080108-eng.aspx
January 9, 2008:

Playoff crowds unsettling, cop tells disciplinary hearing
http://www.cbc.ca/canada/edmonton/story/2008/01/09/connor-testifies.html
Ex-crystal meth addict successfully sues dealer
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080109/meth_lawsuit_080109/20080109?hub=Canada
January 10, 2008:

'Culture of fear' plagues Toronto schools
Report says hundreds of violent incidents go unreported and sexual assault cases shockingly frequent; K9 units recommended for gun detection
http://www.theglobeandmail.com/servlet/story/RTGAM.20080110.wschool0110/BNStory/National/?cid=al_gam_nletter_newsUp
Violence in Toronto's schools is citywide: report
Dogs recommended to sniff out guns in student lockers
http://www.cbc.ca/canada/toronto/story/2008/01/10/toronto-schools.html

School Community Safety Advisory Panel – Website
http://www.schoolsafetypanel.com/finalReport.html
School Community Safety Advisory Panel – The Road to Health: A Final Report on School Safety
Executive Summaryhttp://www.schoolsafetypanel.com/pdf/executive_summary.pdf
Volume 1 http://www.schoolsafetypanel.com/pdf/finalReport_volume1.pdf
Volume 2 http://www.schoolsafetypanel.com/pdf/Symposium_Agenda.pdf
Volume 3 http://www.schoolsafetypanel.com/pdf/finalReport_volume3.pdf
Volume 4 http://www.schoolsafetypanel.com/pdf/finalReport_volume4.pdf

TDSB welcomes final report on school safety
http://www.tdsb.on.ca/about_us/media_room/Room.asp?show=TDSBnews&view=detailed&enableNav=true&self=8937
Statement by Minister of Education Kathleen Wynne re: school safety
http://ogov.newswire.ca/ontario/GPOE/2008/01/10/c8084.html?lmatch=&lang=_e.html
Urban school policy needed
Falconer report confirms need for change in urban school funding
http://www.peopleforeducation.com/urbanschools08

Minister Day announces investment in Ontario crime prevention projects and national research
http://www.publicsafety.gc.ca/media/nr/2008/nr20080110-eng.aspx
Ontario to get $7.7M in crime-prevention funding
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080110/crime_funding_081001/20080110?hub=Canada
January 11, 2008:

Police officer in tears at Frank Paul inquiry
http://www.cbc.ca/canada/british-columbia/story/2008/01/11/bc-officerintears.html
Officer apologizes for leaving alcoholic man to die
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080111/paul_inquiry_080111/20080111?hub=Canada

Mixed verdict in pastor's sex assault trial
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080111/pastor_verdict_080111/20080111?hub=Canada
Siblings murdered on Christmas Day laid to rest
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080111/murder_victims_funeral_080111/20080111?hub=Canada
January 12, 2008:

Tearful cop apologizes to Frank Paul's family
http://www.cbc.ca/canada/british-columbia/story/2008/01/11/bc-officerintears.html
Quebec man charged with murder of wife, 4 kids
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080112/ohio_deaths_080112/20080112?hub=Canada
CSIS too secretive about its work: study
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080112/csis_transparency_080112/20080112?hub=Canada

Wednesday, January 9, 2008

Week of December 31, 2007

As we await the passage of the Tackling Violent Crime Act in the Senate which may fall to the waste side with the spectre of a federal election looming, a few events this week may serve as catalysts for future legislation concerning youth crime. First, the stabbing death of Stefanie Rengel, the daughter of two Toronto police officers, has prompted calls to make amendments to the YCJA which would see youth charged with murder automatically tried as adults. Second, a break-in and microwaving of a cat, allegedly by four teens, has renewed calls to increase penalties against those who abuse animals. While such serious incidents merit responses, is vengeance the answer? If it is punishment that is sought, then yes, ‘tougher’ penalties will achieve that goal. But disposability should not be the fundamental pillar of our justice system as these individuals, whether in months or many years down the road, will return to the community which requires that effective responses that actually address the roots of such behaviours be deployed. For this reason, prison ought not to be the primary response as every Royal Commission assessing the operations of the ‘correctional’ system have revealed a pattern of failure in this regard (see Piché, 2006).

A few weeks ago, the RCMP released the Report of the Task Force on Governance and Cultural Change in the RCMP. My colleague Mike Larsen, a PhD student at York University, has provided a detailed and engaging 3-part commentary on the contents of the report which you can read by clicking on the links below.

Part 1
Part 2
Part 3

Next week, I will table my comments on the Report of the Correctional Service of Canada Review Panel – A Roadmap to Strengthening Public Safety, which will principally focus on the recommendations concerning the construction of new federal regional penitentiary complexes.

December 31, 2007:

Police plans for Halifax bar cam cause concerns
http://www.cbc.ca/canada/nova-scotia/story/2007/12/31/bar-cameras.html
January 2, 2008:

Teens charged in girl's New Year's Day slaying
http://www.cbc.ca/canada/toronto/story/2008/01/02/stabbing-toronto.html
Slain girl is daughter of T.O. police officers
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080102/teens_arrested_080102/20080102?hub=Canada
January 3, 2008:

Police ID 14-year-old victim of Toronto's first 2008 homicide
http://www.cbc.ca/canada/toronto/story/2008/01/03/tto-murder.html
Hundreds remember New Year's stabbing victim at outdoor vigil
http://www.cbc.ca/canada/manitoba/story/2008/01/03/woloshyn-vigil.html
Free crack-pipe mouthpieces to be distributed in B.C.
http://www.cbc.ca/canada/british-columbia/story/2008/01/03/bc-crackpipemouthpieces.html
January 4, 2008:

Vigil planned for slain teen
http://www.cbc.ca/canada/toronto/story/2008/01/04/stefanie-rengel.html
Facebook phenomenon latest legal obstacle, say critics
http://www.cbc.ca/canada/toronto/story/2008/01/04/rengel-facebook.html
Family and friends to hold vigil for slain teen
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080103/teen_vigil_080104/20080104?hub=Canada
RCMP closing case on death of woman in cell
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080104/cell_death_080104/20080104?hub=Canada
January 5, 2008:

Vigil held for slain teen
http://www.cbc.ca/canada/toronto/story/2008/01/04/stefanie-rengel.html
Family and friends hold vigil for slain T.O. teen
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080103/teen_vigil_080104/20080104?hub=Canada

Ont. woman in Mexican prison gets faint hope
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080105/mexico_prison_080105/20080105?hub=Canad
Manitoba teen arrested in Sask. double killing
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080104/manitoba_murders_080104/20080104?hub=Canada
January 6, 2008:

Hundreds attend slain Toronto girl's funeral
http://www.cbc.ca/canada/toronto/story/2008/01/06/toronto-rengel.html
Uniformed officers carry slain teen's casket
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080106/teen_funeral_080106/20080106?hub=Canada
Teens charged with microwaving cat to death
http://www.cbc.ca/canada/edmonton/story/2008/01/04/microwave-cat.html
Outrage after death of cat in microwave in Alberta
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080106/animal_abuse_080106/20080106?hub=Canada

Wednesday, January 2, 2008

Week of December 24, 2007

December 27, 2007

Saskatoon police shoot 2nd person within a week
http://www.cbc.ca/canada/saskatchewan/story/2007/12/27/police-shooting.html

RCMP investigate death in holding cell
http://www.cbc.ca/canada/calgary/story/2007/12/27/custody-death.html
Alta. RCMP unit to probe death of woman in cell
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071227/rcmp_celldeath_071227/20071227?hub=Canada
December 28, 2007:

Fatal shooting by Vernon RCMP under investigation
http://www.cbc.ca/canada/british-columbia/story/2007/12/28/bc-vernonrcmpshooting.html
Review completed in case of ex-cop who killed woman in crash
http://www.cbc.ca/canada/manitoba/story/2007/12/28/zenk-review.html
Police may charge woman shot by Saskatoon officers
35-year-old was 2nd person shot by Saskatoon police in less than a week
http://www.cbc.ca/canada/saskatchewan/story/2007/12/28/police-shooting.html
Woman shot by Sask. cops will likely face charges
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071228/sask_shooting_071228/20071228?hub=Canada
Halifax mayor won't endorse Guardian Angels chapter
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071228/guardian_angels_071228/20071228?hub=Canada
Murder charges upgraded in Christmas Day slayings
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071228/murder_charges_upgrade_071228/20071228?hub=Canada
December 29:

Taser used to subdue Vernon man before shooting: police
http://www.cbc.ca/canada/british-columbia/story/2007/12/28/bc-vernonrcmpshooting.html

Police fatally shoot man, Taser ineffective
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071228/vernon_shooting_071228/20071228?hub=Canada
Don't give Truscott compensation: Harper family
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071229/Truscott_compensation_071229/20071229?hub=Canada
December 30, 2007:

Mentally ill B.C. man shot by RCMP identified
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071230/rcmp_shooting_071230/20071230?hub=Canada

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.