Criminal Justice Policy
Summary
While crime rates have generally declined, the past few years has seen a troubling rise. When social policies fail, it is essential for the government to create a criminal justice system that is both firm and fair. Recently, the government’s heavy-handed approach has unjustly limited access to justice for Canadians, making them more vulnerable to threats from both criminals and the government. In several instances, the government has reacted for political purposes, but subject matter expert opinion and studies have indicated that the government’s approach has been counter productive, and in some instances, harmful. There has been a marked erosion of human rights in the criminal justice system and some groups have more rights than others.
The Moderate Party of Canada is dedicated to balancing individual freedoms with societal safety. We will address socio-economic inequalities to reduce crime while introducing pragmatic laws that prevent government processes from becoming punitive. Our aim is to enhance the judicial system, ensuring fairness and accessibility for all Canadians.
How the Moderate Party of Canada Will Take Action:
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- Legislate a New and Pragmatic Firearms Act
- Legislate a Self-Defence Bill
- Require Government to Bear Costs so the Legal Process Is Not A Punishment
- Introduce Rehabilitative and Restorative Justice Programs
- Prioritize Appointing Federal Judges
- Reduce Gang Violence and Organized Crime with a Targeted Approach
- Introduce a Legal Framework to Protect Society from Career Criminals
The Situation
Crime has been steadily increasing in Canada. [1] Canadians should have confidence in their government to ensure safety within society. However, they often have to safeguard themselves as victims of crime before police assistance arrives. Instead of empowering citizens, the government has adopted a punitive approach, penalizing law-abiding individuals for defending themselves and their loved ones. Those who take such measures find themselves burdened with crippling debt, as the government employs extensive resources to prosecute them.
Canadians navigating the criminal justice system often receive justice based on what they can afford. If they lose the case, they must pay legal expenses to the government, which leads to financial strain. Even if they win, they may still face substantial debt.
While the government may take a heavy-handed stance against its citizens, it has not identified how to address career criminals and organized crime reasonably. As a result, citizens remain unprotected from individuals who commit a disproportionate amount of crimes. The government has no pragmatic rehabilitative or restorative justice system in place, and this results in many individuals becoming marginalized.
Additionally, the government’s commitment to enforce gender equality has delayed federal judicial appointments leading to a backlog of cases and an understaffed Canadian legal system, ultimately causing many cases to be discarded.
The Solution
Several studies conclude that the most effective policies in reducing firearm crimes include firearm licensing, in-depth and constant background checks, mandatory education on firearm safety and laws, strict transportation and storage requirements, and lastly, no firearm possession on their person in public (concealed/open carry). [2]
All of these requirements have been part of firearm regulations in Canada for decades. “Assault weapons” or “assault firearms” are mostly invented terms without actual definitions; these often refer to fully automatic firearms and have been banned in Canada since the 1970s.
Enforcement is a significant factor in the effectiveness of firearm regulations. Canada’s consistent and strict enforcement of firearm regulations has been a resounding success with a decades-long trend of reduction in firearm-related crimes. This should instill a sense of security and confidence in our current system.
However, as of 2013, there has been an upward trend in firearm-related crimes. The majority of these involve a firearm of US or unknown origin and/or are gang-related. [3]
Recently, the Canadian government introduced a ban on certain firearms owned by law-abiding citizens, yet has not provided evidence that this ban will enhance safety. In light of the ample proof that Canada’s firearm regulations are sufficiently stringent, several policing organizations and subject matter experts have publicly argued that the new firearm ban will be costly for Canadians, amounting to billions of dollars, without improving public safety.
The Moderate Party of Canada will repeal and reverse the inefficient firearm policies of recent years. We will modify firearm classification regulations in Canada, focusing on firearms’ functions. We aim to reduce firearm-related crime by directly targeting criminal and smuggling organizations responsible for these offences.
Detailed Policy
Firm But Fair
Legislate a New and Pragmatic Firearms Act
Several studies have concluded that the most effective policies regarding reducing firearm crimes include firearm licensing, in-depth and constant background checks, mandatory education on firearm safety and laws, strict transportation and storage requirements, and not allowing a person to carry a firearm on their person in public (concealed/open carry). [4]
All of these requirements have been part of Canadian firearm regulation for decades. “Assault weapons” or “assault firearms,” terms which are mostly invented and have no actual definition but often refer to fully automatic firearms, have been banned in Canada since the 1970s.
Enforcement is a significant factor in the effectiveness of firearm regulation. Canada’s consistent and strict enforcement of firearm regulations has been a resounding success, resulting in a decades-long trend of reduction in firearm-related crimes. This should instill a sense of security and confidence in our current system.
However, as of 2013, there has been an upward trend in firearm-related crimes. The majority of these involve a firearm of US or unknown origin and/or are gang-related. [5]
Recently, the Canadian government introduced a ban on certain firearms owned by law-abiding citizens, yet has not provided evidence that this ban will enhance safety. In light of the ample proof that Canada’s firearm regulations are sufficiently stringent, several policing organizations and subject matter experts have publicly argued that the new firearm ban will be costly for Canadians, amounting to billions of dollars, without improving public safety.
The Moderate Party of Canada will repeal and reverse the inefficient firearm policies of recent years. We will modify firearm classification regulations in Canada, focusing on firearms’ functions. We aim to reduce firearm-related crime by directly targeting the criminal and smuggling organizations responsible for these offences.
Legislate a Self-Defense Bill
It is essential that Canadian citizens have a clear understanding of their rights to defend themselves and their loved ones and to protect their health, safety, and property. The current ambiguity surrounding self-defence laws in Canada leaves individuals feeling uncertain and vulnerable. Charges may be laid based on the subjectivity of the Crown and political motives, while incarceration can result from human biases and political pressures.
The Moderate Party of Canada plans to introduce a self-defense bill to reform the current legal framework substantially. This bill will establish clear guidelines outlining what is permissible in various self-defense scenarios, addressing the existing ambiguity and promoting a fair and just legal system.
Require Government to Bear Costs so the Legal Process Is Not A Punishment
The Canadian government should ideally create laws and legal frameworks that emphasize good governance and fairness, balancing individual privacy and freedom with social responsibility. Navigating the Canadian legal system requires specific knowledge and experience. Competent legal representation can be costly, and an individual’s ability to receive a fair trial often depends on their financial means. As a result, some trials are fairer than others.
Certain topics and cases have become politicized, which influences the government, the power and resources of the Crown, and the primary purpose of the trial—establishing guilt and sentencing. This dynamic leaves individuals at a significant disadvantage, with little control over the process. Under the current system, the government charges those found guilty for its time and resources. However, this cost is not reimbursed if the accused is acquitted, which highlights a troubling double standard.
The Moderate Party of Canada opposes this double standard in our legal system and firmly believes that the criminal justice process should never be punitive. It is unreasonable and contrary to the principles of justice to require accused individuals to incur significant debt. The Moderate Party of Canada will change the legal system so that the government bears the entire cost of the process, regardless of the trial’s outcome.
Introduce Rehabilitative and Restorative Justice Programs
The Moderate Party of Canada believes that a practical, honest criminal rehabilitation program can benefit individuals and society. The party plans to introduce a rehabilitation and restorative justice program to evaluate its societal impact, starting with the least serious crimes. The program may be expanded to include progressively more serious offences depending on the results. Additionally, a restorative justice program can provide relief and closure for victims and their families while helping the convicted understand the consequences of their actions.
Prioritize Appointing Federal Judges
The Jordan Decision mandates that criminal charges must be dismissed if cases are not tried within a reasonable time frame. This rule has significantly affected justice, as understaffed legal systems have had to acquit numerous cases without a trial, denying justice to many individuals. The Moderate Party of Canada is dedicated to addressing this issue by prioritizing the appointment of federal judges to ensure that the judicial system operates effectively.
Reduce Gang Violence and Organized Crime with a Targeted Approach
A Better Approach
Individuals who commit crimes typically do not concern themselves with changes to the law. The Moderate Party of Canada firmly believes that the government should focus on addressing the root causes of crime rather than imposing counterproductive and performative laws that penalize law-abiding citizens. We advocate for a more proactive approach from police and intelligence agencies in tackling the sources of crime. Additionally, we emphasize the importance of increasing funding for community outreach programs aimed at children, teens, and young adults in low socioeconomic situations.
Introduce a Legal Framework to Protect Society from Career Criminals
Individuals who commit crimes disproportionately are referred to as repeat offenders or career criminals. The Moderate Party of Canada recognizes the complexity of this issue and believes that repeat offenders who do not respond to rehabilitation, restorative justice, or other forms of behavioural correction pose a long-term risk to society. To enhance public safety, the Moderate Party of Canada will introduce additional legislative measures specifically targeting repeat offenders.