Under Canada's criminal justice system, the hoped-for rehabilitation of offenders has taken precedence for decades over other equally valid principles of sentencing, such as the denunciation of crime, deterrence, and the separation of offenders from society.
The latest example of what has gone horribly wrong with this philosophy is that in the past two weeks three police officers have been killed in the line of duty across Canada, three others seriously injured, along with the death of a civilian bystander and injuries to another.
Repeat Offenders Granted Bail and Early Parole
But there are countless other examples of repeat, violent offenders being granted bail and early parole making a mockery of sentences pronounced in court.
While Bill C-14, the federal Bail and Sentencing Reform Act, which became the law of the land on Monday, is a step in the right direction, the reality is we already have enough laws with enough severe sentences to better protect the public from violent criminals. But they operate in a criminal justice system where for more than five decades, the primary focus has been on the hoped-for rehabilitation of the offender.
The Origin of the Rehabilitation Focus
We also know when it started. It began under Pierre Trudeau's Liberal government in an address to Parliament on Oct. 7, 1971 by then solicitor general Jean-Pierre Goyer.
“For too long a time now,” Goyer said, “our punishment-oriented society has cultivated the state of mind that demands that offenders, whatever their age and whatever the offence, be placed behind bars … Too many Canadians object to looking at offenders as members of our society and seem to disregard the fact that the correctional process aims at making the offender a useful and law-abiding citizen, and not any more an individual alienated from society and in conflict with it.”
“Consequently, we have decided from now on, to stress the rehabilitation of individuals rather than the protection of society,” Goyer added. He even predicted what would happen: “Our reforms will perhaps be criticized for being too liberal or for omitting to protect society against dangerous criminals. Indeed, this new rehabilitation policy will probably demand much striving and involve some risks.”
A Painfully Naive Approach
This painfully naive approach was endorsed by the then opposition Progressive Conservative and NDP parties and 55 years later, we've seen the unacceptable risks it has created.
