CANADA PASSES KEY NEW CRIME BILL

UNCLAS OTTAWA 000319 SIPDIS SIPDIS SENSITIVE E.O. 12958: N/A TAGS: PGOV PHUM KCRM CA SUBJECT: CANADA PASSES KEY NEW CRIME BILL REF: A. Ottawa 257 - B. 07 OTTAWA 1924 ¶1. (SBU) Summary: The Conservatives' comprehensive crime legislation became law on February 28 after the Liberal-dominated Senate met a government-set March 1 deadline and passed the omnibus bill without amendment from the House of Commons' version. The new Act fulfills a 2006 election promise from the Conservatives and was also a major plank in the 2007 "Speech from the Throne" policy statement by the government (ref b). Important new provisions include mandatory minimum sentences for gun crimes, easier designations of "dangerous offenders," and better protection for young teens from sexual exploitation. It will help not only to tackle violent crime more effectively, but also to position the Conservatives as the primary party of "law and order" in the next federal election. End summary. LEGISLATIVE VICTORY FOR CONSERVATIVES ¶2. (U) The new "Tackling Violent Crime Act" includes key elements of five separate criminal law bills from 2006 as part of the government's tough "safe streets, safe communities" law and order agenda against gangs, guns, and violent crime. Opposition parties initially opposed at least two of the five -- mandatory minimum sentences for gun crimes and increasing restrictions on dangerous offenders -- and all five bills died when the government prorogued Parliament in 2007. ¶3. (U) With the opening of a new session of Parliament on October 16, 2007, the Conservatives included this single, comprehensive justice bill in the "Speech from the Throne" policy statement and then introduced it formally on October 18. To ratchet up pressure, the government voluntarily designated the bill as a matter of "confidence" that would trigger an election if the opposition parties defeated it. The Commons passed it without amendment on November 28. In early February, Prime Minister Harper pushed through the Commons an unusual second confidence motion setting a deadline for the Senate to pass the bill by March 1 or trigger an election. Despite constitutional doubts that the Commons has any power to compel the timing of votes in the appointed upper house, the Senate expedited its hearings, even during recess (ref a) and passed it without amendment on February 27. It received Royal Assent from the Governor General on February 28 and became law. HIGHER MANDATORY MINIMUM SENTENCES ¶4. (U) The legislation increases existing mandatory minimum prison terms for certain firearms offenses, particularly where the offense has been committed with a restricted or prohibited firearm, in connection with a criminal organization, or by an individual with a previous conviction for a firearm-related offense. The new mandatory minimum prison sentences increase to five years for a first offense, and seven years on a second or subsequent offense, for eight specific offenses involving firearms (attempted murder, discharging a firearm with intent, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage taking, robbery, and extortion),when the offense is gang-related, or for use of a restricted or prohibited firearm. ¶5. (U) The Act also mandates sentences of three years on a first offense, and five years on a second or subsequent offense, for other serious firearm-related offenses (firearm trafficking, possession for the purpose of firearm trafficking, firearm smuggling, and illegal possession of a restricted or prohibited firearm with ammunition),as well as establishing new indictable offenses for breaking and entering to steal a firearm or robbery to steal a firearm. Qfirearm. TOUGHER BAIL PROVISIONS ¶6. (U) The Act establishes a "reverse onus" requiring defendants to demonstrate why they should not be in jail while awaiting trial when facing charges of certain serious offenses involving firearms, including: -- attempted murder; -- discharging a firearm with criminal intent; -- sexual assault with a weapon; -- aggravated sexual assault -- kidnapping -- hostage-taking -- robbery, -- extortion -- any indictable offense involving use of a firearm or other regulated weapon; -- firearms trafficking and smuggling; or, -- where the accused faces a mandatory minimum prison sentence of three years or more for a firearms offense. CRACKDOWN ON DANGEROUS OFFENDERS ¶7. (U) The Act makes it easier for the courts, at the Crown's request, to designate individuals convicted of repeated violent (especially sexual),offenses as "Dangerous Offenders" -- those guilty of serious personal injury offences who constitute a threat to the life, safety, physical, or mental well-being of other persons -- as part of their sentencing. Once in prison, "Dangerous Offenders" are still eligible to apply for day parole after four years and full parole after seven years, but even those paroled or who finish their sentences are subject to monitoring for the rest of their lives. If they continue to represent an "unacceptable risk to society," they may remain in prison for life. Successive governments have already designated 403 individuals in Canada as "Dangerous Offenders" since 1978. ¶8. (U) The Act adds a new "reverse onus" method to existing provisions designating individuals as "Dangerous Offenders." The Act creates a "presumption of dangerousness" so that individuals who have been convicted at least three times of specific violent or sexual crimes must convince the court why they should not be designated a "Dangerous Offender." Previously, the Crown had to decide whether it would seek "Dangerous Offender" status on a case-by-case basis and to apply to the court for such status. It was not obliged to state in open court its intention to pursue such status. In contrast, the new provisions require the Crown to affirm in open court its intention to apply to the court or not for "Dangerous Offender" status after three convictions on serious violent offenses, thereby increasing the likelihood that it will pursue "Dangerous Offender" applications in such cases. The Act also allows the Crown to designate as "Dangerous Offenders" repeat violent offenders who breach lesser crimes, to double the duration of peace bonds, and to clarify the range of conditions on those released from jail. PROTECTING TEENS FROM SEXUAL EXPLOITATION ¶9. (U) The Act raises the age at which youths can consent to non-exploitative sexual activity from fourteen to sixteen years, but includes a close-in-age exception for fourteen and fifteen year-old youths with partners less than 5 years older. The age of consent for sexual exploitative situations (i.e., prostitution) remains 18 years old. PUNISHING DRUNK DRIVERS ¶10. (U) The Act provides police with better tools to detect and investigate drug- and alcohol-impaired driving, including making it an offense to refuse roadside sobriety and drug tests. It increases penalties for impaired driving from C$600 to C$1,000 for a first offense, with the minimum term of imprisonment from 14 to 30 days for a second offense and the minimum sentence from 90 to 120 days for each subsequent offense. It also adds new offenses and maximum penalties for impaired driving causing bodily harm (ten years imprisonment) or death (life imprisonment). COMMENT ¶11. (SBU) Prime Minister Stephen Harper came into office in part on the Conservatives' promise of getting tough on crime, and he has widespread public - and now, bipartisan political -- support for strengthening Canada's judicial system and increasing resources for his law and order agenda. The government has since October 2007 succeeded in passing two major pieces of crime and security legislation -- amendments to Canada's security certificate system (septel) and the Tackling Violent Crime Act -- and thereby sidestepped a possible federal election over confidence votes on these bills. Other justice draft legislation remains under consideration in Parliament, including a bill establishing mandatory minimum sentences for drug crimes (targeted at producers, dealers, Qminimum sentences for drug crimes (targeted at producers, dealers, gangs, and organized crime) and amendments to the 2001 Anti-Terrorism Act, currently in the Senate. These new bills will help not only to tackle violent crime and possible terrorists even more effectively, but will also position the Conservatives as the primary party of "law and order" in the next federal election - whenever it takes place. WILKINS