June 26, 2006
Supreme Court of Canada says deterrence not a factor that may be considered under the Youth Criminal Justice Act
Last week the Supreme Court of Canada ruled unanimously that the Youth Criminal Justice Act, as written, does not allow judges to increase a sentence for the purposes of deterring youth crime. The Court held that the legislature deliberately removed general deterrence or denunciation from the factors that may be considered by judges when sentencing young people choosing instead to focus on rehabilitation and tailoring sentences according to individual offenders. The Court was reviewing two cases involving manslaughter and assault causing bodily harm respectively. One of the decisions on appeal was a B.C. decision where the judge considered general deterrence as a “minor factor”. The SCC found she was wrong to do so.
Conservative Justice Minister Vic Toews responded by criticizing the legislation and vowing to review the Act to ensure that accountability and responsibility for serious crimes is enforced. What form that will take remains to be seen. For a recent article on the subject click HERE.
Posted by BCCLB at 11:23 PM
June 16, 2006
Bill C-19 proposes new Criminal Code offence for street racing.
On June 15th the federal government introduced Bill C-19, an Act to amend the Criminal Code (street racing) and to make consequential amendments to the Corrections and Conditional Release Act. The new legislation is aimed at providing harsh penalties for a number of driving-related offences including specific recognition of street racing as a separate Criminal Code offence and a factor that may be considered in assessing penalties for existing offences.
If the legislation is passed through Parliament in its present form, convicted street racers could get lengthy prison sentences and lifetime driving bans. The First Reading text of the bill is available on the Justice Department website.
Click HERE for an overview of the proposed penalties.
Posted by BCCLB at 03:27 AM
June 01, 2006
B.C. Gun Amnesty Announced for June 2006
Solicitor General John Les announced a month long, province-wide gun amnesty in B.C. yesterday. The amnesty will last for the month of June and is aimed at trying to collect some of the estimated 90,000 unregistered guns that are in the province. The B.C. gun amnesty follows on the heels of the announcement by the Federal Government on May 17, 2006 of a one year amnesty for non-restricted firearms (e.g., shotguns and rifles). For details about the federal program (which applies only to non-restricted firearms and does not apply to inviduals who have never held a firearms licence) visit the Canada Firearms Centre website.
The B.C. amnesty waives sections of the Criminal Code governing unauthorized possession of a firearm. However, it does not apply if the firearm has been used in the commission of a crime or to people detained or arrested by police in other circumstances. Click HERE to download a description of the B.C. program.
There are circumstances where the federal and B.C. gun amnesty programs do not apply. If you have questions or concerns regarding the proper procedure to follow to turn in unregistered firearms or about your rights and obligations if you possess an unregistered firearm you should seek proper legal advice to ensure your rights are protected.
Posted by BCCLB at 07:36 PM