The Law's Fine, Courts are the Problem

Once again, there's a lot of talk about out legal system. The usual argument is that laws are not tough enough, especially concerning dangerous offenders. The laws themselves are A problem but they are not THE problem concerning the rather lax attitude towards criminal justice in Canada. The youth criminal justice act is one such example of a series of laws that are too lax for their own good. However, criminal laws are relatively easy to change. They're introduced in federal parliament and they're voted on. Well, of course it's not that simple but it's still far easier than the court reforms that this country badly needs.

I remember a joke someone once told me. What do you call a lawyer who's too stupid to get a job at a good law firm? ... "Your Honor." I think this rings especially true in this country. It seems that judges and justices of the peace are too quick to hand out easy bail and lenient sentences, even if the crime is a very serious one. Last year, CTV did a series of reports following suspects accused of vile crimes living high and mighty while out on bail. In cases of child sexual abuse, many get two years less a day, or even house arrest. Summary sentences of indictable crimes. The fact is that the court system, notably those sitting on the bench, just don't seem to take these indictable crimes seriously. This is why there has been a movement in this country for mandatory minimum sentencing. That would work to an extent, except that the courts would simply hand out the minimum in every case, no matter the circumstances.

There are numerous other options we can follow. Judges are supposed to be impartial but I believe there needs to be some sort of system put in place to ensure they're acting appropriately. This would be similar to the various civilian review boards that monitor the police, another component of the justice system. It would allow the decisions of justices to be questioned in cases where the sentence given was too harsh or too lean for the crime in question. Of course it would not be open for all decisions to be questioned, just the more serious ones. Also, it's time we left more of the sentencing decisions up to juries, as it done in the United States. Judges should only sit as moderators and administrators of the court, as well as jury advisers. However, it should be up to juries to make the final decisions.