Pubdate: Wed, 18 Oct 2006
Source: Victoria Times-Colonist (CN BC)
Copyright: 2006 Times Colonist
Contact:  http://www.canada.com/victoriatimescolonist/
Details: http://www.mapinc.org/media/481
Author: Lindsay Kines, Times Colonist

B.C. SOLICITOR GENERAL BACKS 'THREE STRIKES' LEGISLATION

B.C. Solicitor General John Les yesterday backed the federal 
government's controversial "three strikes" legislation that will make 
it easier to impose indefinite prison sentences on violent criminals.

The B.C. Civil Liberties Association has called the bill "sophomoric" 
and "offensive to the principle of innocent until proven guilty." But 
Les predicted the legislation will receive broad support from people 
across the country.

"It's been frustrating when we've had people released from prison, 
for example, where the police actually precede that by a warning 
saying, 'Look, so and so's coming out, we think he's dangerous. 
Please keep an eye out for him and he'll be re-offending soon.'

"Well that's a terrible and shabby way to treat the public. In the 
future, those kinds of people will much more likely receive a 
dangerous offender status and be locked up indefinitely, as they should be."

Under federal legislation tabled yesterday, an offender found guilty 
of a third conviction for a violent or sexual offence will have to 
prove that he or she is not a dangerous offender. In the past, it was 
up to the Crown to prove why an offender should be classified as 
dangerous and sent to prison indefinitely. The reforms will also 
allow for longer and more aggressive supervision of offenders 
released back to communities, the justice ministry said.

"This legislation will ensure that high-risk and dangerous offenders 
face tougher consequences when they are sentenced, and are kept 
better track of when they are released into the community," Justice 
Minister Vic Toews said in a release.

The civil liberties association, however, said the law risks a 
constitutional challenge for unjustly shifting the burden of proof 
from the Crown to the offender

"Imposing a reverse onus is offensive to the principle of innocent 
until proven guilty," president Jason Gratl said in an interview.

He also said the association fears dangerous offender status could be 
triggered by a third conviction for assault, which could include 
something as minor as a push or a slap.

"To trigger indefinite detention for such offences makes a mockery of 
our most serious prison sentences," he said.

"We don't see sufficient problems with the current system that would 
justify this change in legislation. Our research indicates that the 
California three-strikes law did not result in a decrease in the 
crime rate, but resulted in significant growth in the prison 
population, and a disproportionate effect on ethnic minorities."

Les, however, defended the reverse onus aspect of the bill. "This 
actually deals with people who have already been found guilty of more 
than a few offences. And I think there is a point at which the onus 
actually rightfully should shift to the offender to prove that they 
can actually behave in a way that's not a threat to public safety."

Les said governments have to err on the side of protecting the 
public. He expressed frustration that police in B.C. currently devote 
significant resources to a special predator observation team that 
monitors known sexual predators in the community.

"I'd much rather that those folks were designated as dangerous 
offenders, locked up away from the public, and re-deploy the police 
resources somewhere else," he said.
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