Adam Zivo and Josh Dehaas: Four ways to solve our growing crime crisis

Commentary

A Special Constable of the Toronto Police Service in Toronto, Sept. 16, 2023. Spencer Colby/The Canadian Press.

Between 2013-14 and 2022-23, Ontario’s incarceration rate declined from 76.0 per 100,000 to 64.4 per 100,000. That may not sound like a huge change, but considering that the same small number of people commit most crimes, one would expect that small change to create a big problem.

It did. The Crime Severity Index for Ontario rose from 49.93 in 2014 to 60.69 in 2024. The total number of police-reported crimes increased from 547,570 to 761,253.

It’s time for Ontario to recognize that this decade-long decarceration experiment has failed. We need to do more to prevent crime and to keep criminals locked up.

While the federal government is responsible for making criminal laws and judges can sometimes throw up roadblocks, the province is also at fault, since they’re responsible for the administration of justice, drug treatment, and mental health.

We propose four policy solutions to fix Ontario’s crime problem: reduce the trial delays so that criminals end up where they belong; make more ankle-monitoring bracelets available for those awaiting trial; end the “safe supply” experiment that’s fuelling addiction and organized crime; and use the notwithstanding clause to force treatment if needed.

1. Reduce the trial delays so that criminals end up where they belong

First, let’s start with fixing the trial delays that are probably the biggest reason for the dwindling incarceration rate. Back in 2016, the Supreme Court laid down the law in R. v. Jordan, putting a hard cap on the amount of time an accused can wait for trial before his or her Section 11(b) Charter right to trial within a reasonable time has been violated: either 18 or 24 months.

The result has been that many cases get thrown out for delay. Others end in plea deals that include shorter sentences than the Crown’s would have offered if they hadn’t faced the risk of a tossed case. Statistics Canada data bears this out. In 2013-14, there were 119,565 decisions made in Ontario related to criminal charges, with 56 percent resulting in a guilty finding, 42 percent stayed or withdrawn, and 2 percent ending in acquittals or otherwise. By 2022-2023, there were only 95,865 decisions made, and only 42 percent were found guilty, with 56 percent stayed or withdrawn.

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