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March, 2009

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We must catch and convict gang members before we can sentence them

Op-ed by the Hon. Ujjal Dosanjh, Liberal Member of Parliament for Vancouver South

 

In recent years the problem of gang violence has become a serious threat to the safety of our citizens.  Nightly news stories of gang shootings and violence on our streets is unacceptable and is creating a sense of fear among law-abiding Canadians.

 

Recently, the Conservatives came forward with legislation that they are trying to sell as the hard-and-fast solution to this problem. Yes, it imposes harsher jail sentences on gang-related crimes, but as everyone on the front lines of this problem knows, tougher sentencing is only one part of a comprehensive solution that is needed.

 

In British Columbia, the problem of gang violence in Vancouver prompted the provincial government to send their Attorney General and Solicitor General to Ottawa to outline their recommendations on what the federal government should be doing to combat this very serious issue across Canada.

 

Studies show that the deterrents that work best are fear of getting caught and punishment within a reasonable time of a criminal act being committed.

 

The B.C. government believes – and the federal Liberals agree – that it does no good to increase sentences if police do not have the tools they need to catch and convict gang members.

 

What is needed, what B.C. asked for, is not in the Conservative legislation. Justice Minister Rob Nicholson completely ignored their pleas for the resources police need to help catch gang members and that prosecutors need to convict them.

 

Liberals also support the idea of cutting back on 2-for-1 remand sentencing deals, which double counts time spent in jail waiting for trial and disproportionately reduces prison sentences for some violent offenders.

 

We also support modernizing access laws to allow police to legally intercept a wider range of contemporary communications between suspected gang members, including better electronic measures.

 

The previous Liberal government was moving forward with a plan to modernize surveillance and wire tapping laws to deal with the modern realities of today’s gangs. Instead, under this Conservative government, we have failed to give law enforcement the resources they desperately need to deal with escalating gang violence.

 

As B.C. Attorney General Wally Oppal put it: "We have nobody to prosecute. The reason we have nobody to prosecute is nobody helps the police, and the police are stymied by the laws they have to operate under."

 

In fact, this so-called “tough-on-crime” government has even failed to keep its most basic law-and-order promise – to put more cops on the streets.

 

We will support this most recent bill because we believe it’s better than nothing. It is modest, but necessary.

 

But we will also continue to push for more. This government hasn’t lived up to its commitments on crime. As a result, matters have gotten worse under their watch.

 

We believe Canada needs more than partisan rhetoric on crime – we need realistic action that will actually make a difference.