Prime Minister Stephen Harper’s government has increased the “mandatory minimum” sentences judges must impose for people convicted of gun-related crimes. A proposed bill does the same for those convicted of drug crimes, including mandatory jail time for anyone caught with just one marijuana plant. And it plans to toughen laws against young offenders.
Experts denounce the measures as American-style justice, where tougher mandatory minimum sentences have led to astronomical prison costs and the highest incarceration rate in the developed world, with little or no reduction in crime.
The new laws resonate with Canadians looking for quick fixes. But few consider their likely targets: The poor, the homeless, the poorly educated, the mentally ill, the unemployed and those addicted to drugs or alcohol.
Indeed, statistics seem to back Elliott’s description of a society that criminalizes its troubled citizens:
- More than 70 per cent of those who enter prisons have not completed high school.
- 70 per cent of offenders entering prisons have unstable job histories.
- Four of every five arrive with serious substance abuse problems.
- 12 per cent of men and 26 per cent of women in prisons suffer serious mental health problems.
- A Toronto study of 300 homeless adults found 73 per cent of men had been arrested and 49 per cent of them incarcerated at least once. Twelve per cent of women had served time.
- Two out of three in the youth justice system have two or more diagnosed mental health disorders.
- Federal and provincial data obtained by the Star through freedom of information requests indicates that GTA neighbourhoods with the highest levels of incarceration are those with lower incomes, higher unemployment, more single-family households and lower education.
Despite the statistics, talk of tackling the root causes of crime is sometimes dismissed as being soft on criminals. Harper recently denounced the criminal justice system as one that has “coddled criminals” for decades.
The Tory measures come as the overall crime rate hits a 25-year low. It indicates, experts say, that the decision to increase the country’s incarceration rate is strictly political, one that has more to do with perceived electoral benefits than crime prevention.
Craig Jones, director of the John Howard Society, believes it smacks of an “Old Testament, eye-for-an-eye ethic,” which sees crime as the moral failure of individuals rather than the collective responsibility of societies that marginalize its less-advantaged citizens.
Rather than fund policies that improve equal opportunity – supposedly a cherished Canadian value – the government will be locking up more of those it has let fall through the cracks, Jones argues.
“From the standpoint of social justice, it’s a bad day in Canada,” says Jones, whose group serves offenders in and out of prisons.
Attacking root causes doesn’t have to be expensive, especially if savings from reduced incarceration are reinvested in troubled neighbourhoods. With crime costing an estimated $70 billion annually, $1.8 billion of it for prisons, cost-benefit analyses have repeatedly shown such investments would save many more billions in the long run.
The debate, experts say, is not about being tough or soft on crime. It’s about what works. What doesn’t is spending millions more locking people up.
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… studies have consistently shown that early childhood development programs can cut future anti-social or criminal behaviour by half. In June, Canada’s chief public health officer, Dr. David Butler-Jones, reported that every dollar invested in early years saves $9 in future spending on health, welfare and justice systems.
But a 2006 study by the Organization for Economic Cooperation and Development ranked Canada dead last among 14 industrialized countries on investment in early childhood education and care. We spend 0.25 per cent of GDP compared to Denmark’s 2 per cent, Sweden’s 1.7 per cent and Norway’s 1.5 per cent. Even the U.S., with almost 0.5 per cent, spends nearly twice what Canada does.
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A Toronto Star analysis of federal and provincial sentencing data revealed last week that 10 postal areas in Toronto will each cost taxpayers more than $12 million in incarceration costs by the time their residents are released from provincial and federal jails. The most expensive, M8V in Mimico, figures to cost taxpayers more than $25 million.
A map of the highest rates of incarceration indicate that offenders often come from Toronto’s most troubled and neglected neighbourhoods, such as Kingston-Galloway, Jane-Finch and Jamestown.
In the U.S., the Justice Mapping Center has described incarceration as an expensive and lazy way of responding to poverty. It persuaded several state governments to release low-risk inmates and provide alternatives to prison for those who violate minor release conditions. The money saved from incarceration is given directly to the communities the offenders come from.
That poverty fuels crime won’t surprise many. Yet anti-poverty advocates accuse Canadian governments of inexcusable inaction.
Canada’s child poverty rate ranks us 19th among 26 developed countries. Despite economic growth since the mid-90s, 13 per cent of Canadian children – 872,000 people – live below the StatsCan low-income cut-off. That’s the same rate as in 1989, the year the House of Commons unanimously vowed to eradicate child poverty by the year 2000.
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Canadian prisons are more crowded, and inmates more dangerous and more wracked with mental illnesses and addictions. Yet the number getting rehabilitation programs has dropped significantly. Many come out worse off than when they went in.
Core rehab programs, such as anger management courses, only account for about two per cent – $37 million – of Correctional Service of Canada’s budget.
Nor are offenders getting useful job skills while locked up, according to a federally appointed panel that reviewed the prison system last year. Poorly rehabilitated and poorly trained, many released offenders end up homeless, too.
At least 40 per cent are convicted of a new offence within two years of being released. Needed immediately are more resources for rehab and job training in prison, and for housing on the outside.
With aboriginal Canadians, advocates say their scandalous overrepresentation in prisons would drop significantly if courts simply applied the law. (Aboriginals make up about 19 per cent of the prison population, but only 3.8 per cent of Canada’s.)
The Criminal Code states that reasonable alternatives to prison “should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.”
In many cases, this should result in conditional sentences that place native offenders in traditional forms of “restorative” justice, including healing circles, rehabilitation programs and making amends to victims, says Jonathan Rudin, of Aboriginal Legal Services of Toronto. But it rarely happens.
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There are noteworthy attempts to tackle the root causes of crime in Canada, most struggling to find the funds to match their long-term ambitions.
In some cases, such as Toronto’s action plans for 13 “priority” neighbourhoods, local agencies juggle short-term funding that abruptly ends programs after barely a year.
In others, such as the Waterloo Region Community Safety and Crime Prevention Council, local officials have toiled without a penny of provincial or federal money.
“We have done this work often in isolation, if not opposition, to other orders of government,” says Waterloo’s crime prevention director, Christiane Sadeler, whose $450,000-a-year budget has come solely from the regional government since 1995.
Sadeler’s 36-member council meets once a month. It includes local police, school boards, housing agencies, groups providing an array of social services and community representatives.
They try to educate the public and governments about the social factors fostering crime, co-ordinate strategies to tackle those causes and make sure there aren’t gaps in the services needed.
A current priority stems from the fact that more than half of crimes in the region are linked to substance abuse. But waiting lists for rehab programs are “ridiculously” long, Sadeler says.
Children suffering from mental health disorders anywhere in Ontario are also largely out of luck, says Judy Finlay, Ontario’s Chief Advocate of the Office of Child and Family Service Advocacy from 1991 until last August. They’re “congregating in the youth justice system” because there’s nowhere to send them for help.
A model similar to Waterloo’s was recently adopted by Alberta. Irvin Waller, founding director of the University of Ottawa’s Institute for the Prevention of Crime, calls it the “most progressive crime reduction program in the country.”
The province is investing $480 million in policing, early intervention, crime prevention and treatment programs. In May, Premier Ed Stelmach appointed a community safety secretariat, led by a “safety czar,” and staffed by officials from 10 ministries.
Waller, author of Less Law, More Order: The Truth About Reducing Crime, gives Ontario a far lower grade. Premier Dalton McGuinty gets credit for setting up the ongoing “Roots of youth violence” review panel. But overall, he has simply given more money to police, Waller says.
“We don’t have a plan,” he says, referring to a Canada-wide initiative to effectively reduce crime. “Until we do, we won’t succeed.”