Hidden Dangers in Conservative Omnibus Bill

Peter McKnight’s November 5 article in the Vancouver Sun, “Ottawa seems determined to gut youth act,” adds an element of concern regarding the Conservative government’s omnibus crime bill. The Youth Criminal Justice Act was passed in 2002 when Canada had the highest rate of youth imprisonment in the Western world. The YCJA was designed specifically to remedy this problem, to decrease our reliance on costly and ineffective imprisonment and provide alternatives to jail. Since the Act was passed, youth imprisonment and youth crime rates have dropped significantly.

Now, the federal government’s proposed amendments to the YCJA contained in Bill C-10 are directed toward getting more youths in jail and keeping them there. The YCJA provided for a lot of alternatives to jail, extra judicial measures that keep kids out of court but require them to accept responsibility for their behavior and to make amends through such efforts as engaging in community service or educational programs.

An important aspect of extra judicial measures is their informality, as such measures are typically imposed and accepted in the absence of legal advice or a judicial finding of guilt. If Bill C-10 is passed, this informality, as well as extra judicial measures, will likely become a thing of the past. The amendments require judges to consider past use of extra judicial measures as well as the existence of past findings of guilt.

The many alternatives to prison currently offered by the YCJA are better situated to address the reasons youth come into conflict with the law and thereby reduce their chances of reoffending. And the cost-effectiveness of such measures is apparent, since for one year it costs $20,000 to supervise one youth in the community, compared with $215,000 to house one youth in custody.

On a related note: Early November, Maclean’s and CPAC, the Cable Public Affairs Channel, hosted a round-table discussion on the subject “Stephen Harper’s Canada. How do you like it so far?” CPAC’s Peter Van Dusen moderated the event. Mr. Van Dusen began by stating that the majority Conservative government has been in office for six months now and has been clearly advancing on the agenda they believe they were elected on, such as getting rid of the long gun registry, scrapping the wheat board monopoly, and tabling anti-crime legislation.

Among the attendees was Montreal Liberal MP and House Leader Marc Garneau. Mr. Garneau expressed concerns about the omnibus crime bill, stating that it will not lower crime rate and will do nothing for victims. He feels the government is ignoring the evidence with respect to crime rates going down and the lessons learned, which our American neighbours are passing on to us, that the crime bill is a deeply flawed policy approach.

Another attendee, NDP finance critic Peggy Nash, feels that, “on what Canadians say are their priorities – jobs, the economy, securing their retirement income, and making life more affordable – the Conservatives have not delivered.” She also feels that this government is becoming divorced from the concerns of the average person, having spent billions on mega-prisons and increasingly shutting down debate on important issues. 

Removing a DUI Conviction From Your Record Worth the Effort

If you have a DUI conviction, you owe it to yourself and your loved ones to clear your record in order to move forward, rid yourself of the stigma, renew your self-respect.


Albert was last charged with impaired driving in 2004. His business had failed primarily due to increasing fuel prices, and alcohol numbed the pain. Declaring bankruptcy was the only solution. This might sound like an easy way out, but it is actually demoralizing. He found out quickly that it was extremely difficult to get work with a criminal record. He is going through rehabilitation with the Workers’ Compensation Board due to a back injury and will begin retraining soon.

He was raised in a hard-working logging and fishing town in Alberta. Hard drinking was the norm, and he began to drink at a very young age. It was so easy to be a part of that lifestyle, leading to destructive and harmful acts. Even now, it still hurts to think about how much better he could have been without alcohol ruling his life. It took a very long time to grow up and change his ways.

He has made significant improvements in his life, eating properly and exercising. He maintains a positive attitude, making his wife of 30 years proud of his efforts. He is focusing on the future, hoping to secure meaningful employment now that his Pardon has established a clean record.

If you have a DUI conviction, you will want to consider getting a Pardon, which will seal your record so that it is no longer visible. A criminal record can follow you for life, so a Pardon will provide relief from the stigma once and for all. Contact a Client Specialist at Pardon Services Canada who will answer all your questions and guide you through the pardon process.

More Discussion Warranted on Conservative Government's Omnibus Crime Bill

Texas tried to do what Canada plans to do, and it failed. A state budget crush in 2005 forced Texas to take a hard look at its own justice policy. Texas had the highest incarceration rate in the US, with one in 20 of its adult residents behind bars or on parole or probation. Policy makers found that sending people to prison was costing ten times as much as putting them on probation, on parole, or in treatment.


Texas reversed a $2 billion plan to build new prisons and spent a fraction of that amount – about $300 million – on improved drug treatment programs, mental health centres, probation services, and community supervision for prisoners out on parole. The strategy worked: Costs fell and crime fell also. By strengthening some of the alternatives to prison, the rate of incarceration fell 9 percent between 2005 and 2010, while the crime rate fell by 12.8 percent.

A coalition of experts in Washington DC attacked the Harper government’s omnibus crime package, Bill C-10, in a statement early October.

Tracy Velazquez, executive director of the Washington-based Justice Policy Institute said, “Republican governors and state legislators in such states as Texas, South Carolina, and Ohio are repealing mandatory minimum sentences, increasing opportunities for effective community supervision, and funding drug treatment because they know it will improve public safety and reduce taxpayer costs. If passed, C-10 will take Canadian justice policies 180 degrees in the wrong direction, and Canadian citizens will bear the costs.”

Conservatives in Texas say the Harper government’s crime strategy won’t work. Judge John Creuzot of the Dallas County Court states that billions and billions will be spent locking people up, but there will come a time when the public will say “That’s enough.” Representative Jerry Madden, a conservative Republican who heads the Texas House Committee on Corrections, says that building new prisons is extremely expensive, and if they are built, they will be filled. But if they are not built, innovative, creative strategies will evolve that keep the community safe and yet still do the incarceration necessary.

Even though crime in Canada is down to its lowest level since 1973, the Canadian government has increased the prison budget sharply. Federal spending on corrections in Canada has gone up from $1.6 billion in 2005-06 to $2.98 billion in 2010-11 – an increase of 86 percent. The budget for 2012-13 is $3.13 billion.

Prison sentences have already increased with the elimination of the two-for-one credit for time served waiting for trial. Bill C-10 would add new and longer sentences for drug offences, increase mandatory minimums, and cut the use of conditional sentences such as house arrest. In each of these aspects, Texas, as well as several other states, is doing the opposite.

Studies in Texas show that treatment and probation services cost about one-tenth the costs to build and run prisons. Besides, offenders emerge much less likely to commit fresh crimes than those with similar records who go to prison.

What this means for anyone interested in applying for a pardon is that the time to act is now. Any applications acknowledged and accepted by the Parole Board of Canada prior to the new legislation passing will be governed by the current laws. What is still unknown is exactly if and when the new legislation will take effect. The new legislation is currently before Parliament, but the timelines for passage and what the final version will look like remain to be seen.