Need to Know: Growing crime is a growing problem for Carney

Commentary

Members of the Toronto Police Service work a crime scene in Toronto, Aug. 21, 2023. Spencer Colby/The Canadian Press.

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Crime is not going away as a pressing political issue in Canada

By Ben Woodfinden, former director of communications for Pierre Poilievre and a policy consultant

A few months into the job and Prime Minister Carney is soon going to have to start delivering on his many promises. Last week, he promised legislation to tighten Canada’s broken, revolving-door bail system. But talk is cheap.

Horrifying violent stories are seemingly in the news on a daily basis now in Canada, and these cases often involve people out on bail. It’s almost like it’s the Wild West. On Thursday, the day before Carney gave the comments, a woman was murdered and seven others were injured in a stabbing on Hollow Water First Nation in Manitoba. The accused, Tyrone Simard, had a history of violence and was out on bail after being charged with assault with a weapon and mischief for alleged offences that happened in June.

This should surely be an easy fix, right? Keeping people accused of violent crimes who have a prior history of such acts should be something everyone agrees on? Well, don’t expect our courts to necessarily agree.

Canada’s judges have in recent years become increasingly bold, radical, and expansive in overturning reasonable criminal justice legislation. In 2017, Alexander Bissonette murdered six Muslims in Quebec City in a mosque and was sentenced to life in prison with no chance of parole for 40 years. But the Supreme Court shockingly claimed that not being eligible for parole for 40 years would “bring the administration of justice into disrepute and undermine public confidence in the rationality and fairness of the criminal justice system.”

And there are all sorts of other examples where the court applies expansive readings to invent all sorts of newfound interpretations of Charter rights. Currently fashionable for our courts is using a “reasonable hypothetical,” in the case of mandatory minimums to invent imaginary offenders to determine whether a given minimum would be shocking and grossly unfair, even if the minimum is fair and just for the actual offender. In late 2023, the Supreme Court struck down a one-year minimum sentence for adults who lure children online, citing a hypothetical case of a bipolar female teacher who contacts and has sex with a 15-year-old student. They argued that a year would “outrage Canadians’ standards of decency,” suggesting 30 days on weekends would suffice.

This list could go on, but there’s good reason to think that fixing our broken bail system is likely going to require using the notwithstanding clause. I genuinely hope Carney calls my bluff and passes tough bail reform and signals a willingness to use section 33 if need be.

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