Quotulatiousness

May 22, 2011

The Tory “omnibus crime legislation” overview

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 12:06

Kathryn Blaze Carlson looks at the likely form of the new federal government’s “tough on crime” omnibus bill:

The Conservative government’s omnibus crime legislation, due ‘‘within 100 days,’’ will mark a watershed moment in Canadian legal history, imposing many controversial changes to how police and the courts operate, experts say.

The bill is sweeping in scale and scope: It is expected to usher new mandatory minimum sentences for drug crimes — growing five marijuana plants to sell the drug would automatically bring six months in jail — and for certain sexual offences against children. It will expand police powers online without court orders, reintroduce controversial aspects of the Anti-Terrorism Act that expired in 2007, end house arrest for serious crimes, and impact young offenders and their privacy.

“This bundle of crime legislation represents the most comprehensive agenda for crime reform since the Criminal Code was introduced,” said Steven Skurka, a Toronto-based criminal defence lawyer.

As always, when the government bundles together a lot of bills, there are some good and some bad ideas all headed down the chute at the same time. An especially bad bit is the preventative arrest provision that expired with the original Anti-Terrorism Act, and another one is the one allowing the police to demand internet records from ISPs without a court order (or, one assumes, notice to the people whose internet records are of interest to the police).

2 Comments

  1. Do you have a direct source? I have been looking for the text of the draft omnibus crime bill everywhere but can’t seem to find everything…

    Comment by D.I.D. — May 23, 2011 @ 21:03

  2. I don’t think there is a formal draft yet. It’ll be tabled when parliament is in session, after the throne speech. The summary in the linked article is the most complete guess I’ve seen so far.

    Comment by Nicholas — May 24, 2011 @ 00:21

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