The Last Exile

I miss the days when ‘prudence’ and ‘thoughtfulness’ were considered conservative values. In Canada’s current evolutionism, the Harperites have thrown principled conservatism to the four winds and replaced it with knee-jerk appeals to everyone’s lowest base instinct. No where is this more apparent than the Tories latest ‘tough on crime’ legislative offering. The Toronto Star.

OTTAWA—Criminals convicted of sexually abusing children or of three serious offences would be permanently ineligible for pardons under new reforms proposed today by the Conservative government. The bill would also drop the word “pardon” and replace it with “record suspension,” to better reflect the effect of a pardon, and society’s view of the long-lasting harm to victims.

(…)The reforms would also force offenders to wait longer before being able to apply for a pardon- extending the time to five years for summary offences, and to 10 years for more serious “indictable” offences.

And unlike former NHL hockey player Sheldon Kennedy, I am not ‘honoured’ by the ‘the thought’ which the Harperites drafted this cesspool piece of legislation. Let me explain why.

There are basically three levels of criminal offences brought be before the courts for prosecution – summary, indictable and what is referred to as hybrid offences. Hybrid offences are violations of criminal code wherein a Crown Attorney can make a choice to pursue a criminal matter as either a summary or indictable offence before the court. If a founding of guilt is established a Justice can impose a harsher penalty if the hybrid matter is treated as an indictable offence. Whether an offence is treated as a summary or indictable matter varies from jurisdiction to jurisdiction across the country.

For example, simple possession of marijuana can be prosecuted as a ‘hybrid’ offence. In the City of Toronto just under a ounce of marijuana could potentially be prosecuted as a summary matter with a charge of simple possession wherein that same charge in Northumberland Country, New Brunswick – a Crown Attorney may seek to pursue the matter as an indictable offence. So an 18 year old found guilty of possession for a couple of joints under the proposed Tory legislation now has to wait five years for a pardon and be unduly punished for a relatively minor criminal code violation for which he would under the new law have to wait a full five years to obtain a pardon. Of course, if that same 18 year old in Northumberland County in New Brunswick is found guilty of possession as an indictable offence; he would have to wait 10 years. Either way, 5 to 10 years for a single non-violent, no-victim stupid mistake.

Or what about the man who is charged and found guilty for communicating for the purpose of prostitution for asking the wrong woman how much for a blow job would have to carry around a criminal record up to five years and be banned from working at even the local 7/11 because in a moment of weakness and/or need he made a bad decision and is not eligible to be ‘bonded’. While we are told the vast majority of pardon applications are approved it is not indicative that the pardon process is ‘broken’ but rather the vast majority of those seeking a pardon are able to demonstrate they have put criminal behaviour behind them.

My understanding of the ‘three or more serious offences’ legislative strike the Tories are proposing does not take into account that an individual can commit and be convicted of multiply serious charges arising from a single matter. In fact, its quite common for police to lay a multitude of charges applying the widest possible interpretation to criminal code violations in order to give the Crown something to bargain as an inducement to get a defendant to plea guilty for.

I knew individual who was convicted of armed robbery times two, and three counts of aggravated assault from one single incident at 18. He was duly sentenced to jail, paroled and managed to turn his life around. Twenty years, four kids, and a business owner employing 10 people – today he wouldn’t even jaywalk if you paid him. I once asked how was he able to put everything behind him. He had a great deal of help, a great probation officer and the knowledge if he could get through the 5 year wait period he could finally turn his back on all his bad decisions. It doesn’t happen often but it does happen. So why remove the carrot and deny hope a chance to take root?

Take a stroll through my archives, I have constantly ranted about the justice system but its not the pardon process which represents a crucial flaw in the process. If anything, the current pardon process is the one thing which has more or less functioned extremely well. And while you may think the proposed legislation is not aimed at an 18 year olds convicted of a few joints or a the socially challenged schmuck looking for a blow job that is exactly who stands to suffer the most – and ask yourself this – who do exactly do you think is most representative of a pardon seeker; a Hell’s Angel biker or the stupid schmuck? Better yet, demand Harper tell you which contingent of ‘criminals’ are actually seeking the majority of pardons.

While Sheldon Kennedy may be outraged that his sexual abuser only had to wait a few years for his pardon after serving a relatively light sentence of 3 and ½ years in jail for the sexual assault of a minor his anger at the pardon process is misplaced and should be directed towards though who sit on high in judgment and consistently sentence sexual offenders to relatively light (or even no) jail terms. That is what gets my outrage meter moving.

Now if the Tories wanted to take a stab at real reform of the criminal justice system they could start by reviewing if political appointments to the Judicial bench is the way to best way of picking a Judge or a Justice of the Peace. Can we say its the ultimate in cushy patronage appointments? The Tories could see about establishing a review process set up as a mandatory mechanism every few years where all justices records and rulings are reviewed. We could even allow input from the public, the Crown’s office and the police force all have a say wherein any Justice has found to consistently take too light a hand with his grovel in handing down sentence. The Tories could even take a shot at reforming our current bail system wherein alleged accused is allowed out on multiple bails for multiple different matters.

Of course, true reform of our justice system without summarily addressing the role addiction and mental illness play in criminality is more or less just sticking a finger in the dyke strategy and hoping the deluge won’t wash you away when the dyke breaks periodically. Alternatively, we might try taking a comprehensive look at how Sweden handles addiction and mental illness and crime. But that would take time, thoughtfulness and prudence….all things missing in Harper style conservatism.

How much do you want to bet this would be the one certain thing the Harperite Conservatives won’t want to learn from the Israelis to do? Ynet News:

China has sent a special delegation to Israel to learn about the aid provided by the Foreign Ministry to Israelis traveling abroad in times of distress. The reason for the trip was the growth in Chinese tourism across the world in the past few years.

The delegation was headed by the Chinese deputy foreign minister for legislation affairs and head of the Chinese foreign ministry’s consular department. They met with senior Foreign Ministry officials, including Deputy Director-General Rafi Barak and Yigal Tzarfati, head of the consular division.

The Chinese were interested in the nature of the cases in which Israel helps its citizens across the world, including incidents in which hikers are rescued and the steps taken in cases of missing people, road accidents, illnesses, the need to evacuate bodies, natural disasters, political instability and drug offenses. The Chinese also expressed their interest in the treatment of Israeli prisoners abroad.

Sigh.. All of which means there are now two things the Harperites won’t learn to do from the Israelis – care for our citizens abroad and airport security.

Finally, someone says aloud what most of us have been thinking for sometime. Bernie Farber may not be anyone’s ideal of the cavalry but at least his grasp of Jewish ethnics is impeccable. Here is a portion of his speech given at Shaar Shalom synagogue.

(Hat tip goes to Big City Liberal. Yes, I read him. He is in my reader and while I don’t always agree with what he writes – at least he still writes rather than market his blog as cyber answer to the shopping channel.)

“Our view of the universe was so limited that all we could do was talk about the connection between words and actions. Len was, in the loud and proud words of this blogger, “to stupid to be a Jew”. He had other things to say as well, including derisive comments on a perceived physically disability that he wrongly claimed Len had.

Did I mention that the blogger in question was Jewish? Is this the way that one member of the community publicly speaks of another? By engaging in ad hominen attacks? By referring to physical characteristics? This is the sort of thing one expects to find in the schoolyard. The behaviour is no less acceptable because the practitioner is in his 40’s rather than 14. Indead, this is not a “one-off”. This same Jewish blogger who upholds the rights of neo-nazis to malign Jews, has referred to other Jewish professionals as “liars, cowards, moochers” and has made consistent references to me as a “nazi book-burner’.

(…)
He is not the only one. The blogsphere is sadly replete with bullies, jerks, racists, homophobes, and bigots. But here my friend is the kicker, these same racists, bigots and misogynists all ‘love’ Israel and as a result there are those in our community who will tolerate them, even accept them.

Accepting those who engage in motsi ra can never be OK…ever!”

Amen. I am not much of a Jewish conservative as my inclinations are far too frum but maybe its time to visit Shaar Shalom when the next urge to shul it hits.

Former Prime Minister Brian Mulroney has now travelled down the well-worn path that countless Western political leader-types have tread – now he’s pimping for the Saudi’s.

Don’t believe me go read it for yourself. Gender apartheid, domestic slavery, public executions, and far too many basic human rights violations to name – even a slow day but it is all good in Brian’s new world; providing there is a dollar to be made.

All I want to know is how much are the Saudis paying him and who else in Canada has their hand deep in the Saudi’s pockets. And shame on the Globe and Mail for giving a platform for Mulroney to pimp on.

Otherwise it’s a pig flying moment in Canadian Politics. Warren Kinsella claims to trashed his liberal party membership and joined the Harper Conservatives. All I can say is that it better be an April’s fool joke. The only alternative is that he is suffering from some kind of brain tumor or entered dementia really early.

I can understand if he was feeling disenfranchised by the current liberal leaderships at both the provincial and federal level. I mean, find me a Canadian who doesn’t feel sort of that way at the moment? I can even understand growing up punk and going conservative politically in middle age – I’m living proof but the Harper Conservatives aren’t the conservative movement to join. And Warren, I got to tell you, from one middle-aged punk to another – they won’t like you and you really, really, really won’t think much of them once you get to know them.

I don’t always agree with David Frum’s political opinions on any given issue but I welcome him in joining me in the conservative version of Coventry and am adding the Frum Forum to the blogroll. The Globe and Mail:

David Frum, the Canadian-born conservative pundit who has been harshly critical of the Republican battle plan against President Barack Obama’s health-care overhaul, is unapologetic after being fired Thursday from a right-wing think tank.

“I’m going to remain a conservative whether they want me or not,” Frum told The Canadian Press on Thursday night following his ouster from the American Enterprise Institute, adding he was saddened by the turn of events. “In a democracy, there are competing teams, and each team has to bring its best game to the table … health-care reform is here to stay, it isn’t going to be repealed, and it was within our grasp to help formulate it and we failed to do so. Instead, we decided to do whatever we could to make Democrats look wicked and evil.”

While “jerk conservativism’ is the flavour of the day; it will never carry the day or more importantly – the vote.