Whitehorse Daily Star

Tories' justice bill has problems, Bagnell says

Yukon MP Larry Bagnell says the Conservative government's Bill C-9 which would remove the option of conditional sentencing for a number of crimes would fill the country's jail system with 5,400 more people.

By Whitehorse Star on November 7, 2006

Yukon MP Larry Bagnell says the Conservative government's Bill C-9 which would remove the option of conditional sentencing for a number of crimes would fill the country's jail system with 5,400 more people.

That's why opposition members voted in favour of a motion that would strengthen sentencing for three crimes, rather than the Conservatives' proposal for numerous offences, he said in an interview last week.

Bagnell said the opposition parties voted in favour of amendments to the proposed bill so that organized crime, terrorism and crimes resulting in serious personal injuries would not be eligible for conditional sentencing, where an offender's term is served in the community under a number of conditions.

The Conservatives' bill would see a number of crimes, including property crimes, be ineligible for conditional sentences.

Bagnell was quick to point out that every case is different, and conditional sentencing is only an option for a judge. However, federal Justice Minister Vic Toews argues the opposition parties haven't taken into account the victims of the crimes.

'Bill C-9 aims to limit conditional sentences or house arrest' for serious crimes,' Toews said in a statement.

'Opposition members of the committee supported a motion ... to remove a number of property offences from the bill. If the bill were to pass the House of Commons as amended, persons convicted of non-personal injury crimes such as theft over $5,000 (which includes most auto theft), robberies and break and enters would remain eligible for conditional sentences.'

He went on to note that property crimes aren't victimless and can be a traumatic experience.

However, Bagnell said conditional sentencing can give criminals a chance to receive treatment and perform community service, among other features.

'It's obvious the traditional system is not working,' he said, noting many come out of jail only to reoffend.

Those under a conditional sentence must also serve their full sentence rather than a partial term they might serve in jail where they can get out early on good behaviour, he said.

That can end up meaning longer-term treatment and a greater length of time for the treatment to work.

Conditional sentencing is often used in the Yukon, said Bagnell.

There are also a number of justice issues coming up that federal MPs will be voting on that deal with issues like DNA information, street racing, raising the age of sexual consent from 14 to 16, criminal proceedings, interest on pay day loans and compensation for judges.

While the Liberals may support moves to deal with things like street racing and toughen penalties for things like Internet luring, Bagnell added, the Conservatives won't see Liberal support for other initiatives such as cutting what the Grits had proposed for judges' compensation.

'We aren't going to approve bad bills,' he said.

Among those items, Bagnell stressed, he doesn't support proposed legislation that would see someone deemed dangerous after three offences for a designated violent or sexual crime.

There's already legislation in place for the Crown to establish a dangerous offender, Bagnell said.

Under the proposed legislation, there could be a constitutional challenge in simply labelling someone dangerous after three offences.

'We don't want to jeopardize the system that's there,' he said.

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