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NEWS photo Paul McGrath

‘Author, Author

AUTHOR Lyn Hanccek (left) greets fe'iow writer

Ernie Perrault during her book

signing session for Winging it in the North at the Book Ccmpany in Park Royal

shopping centre.

| Monitoring unacceptabie

to Civil Liberties Assoc.

The B.C. Civil
Liberties Association ©
strongly opposes
Justice Minister Alan
Rock’s proposal.for
électronic monitoring
of persons who it is
feared will commit a
violent crime. ‘

“Electronic monitoring of
people who may not have

een charged with or con-
victed of 2 criminal offence is
unacceptable in a democratic
society,” BCCLA executive
director John Westwood
said.

. “It is far too restrictive of
liberty and invasive of priva-
cy, and anyway it wouldn’r
be effective in stopping vio-
fence.”

In testimony before the
standing committee on jus-
tice and legal affairs on Dec.
3, Rock defended Bill C-55,
which contains a new judicial
restraint procedure intended
to address the problem of
people who it is feared will
commit a serious personal
injury offence, but who are
not charged with a crime.

Acourt can require such a
Person to agree to keep the

eace, and surrender any
rearms, for up to one year.

In addition, the legisla-
tion requires a judge to con-
sider placing the person on
electronic monitonng.

Rock conceded that the
provision is controversiai,
and suggested to the com-

‘ mittee that electronic moni-
toring be considered only
when the person has a histo-

_ty of violence or a previous
conviction for a violent
crime.

“Requiring a peace bond
because of what we {ear a
person may do is one thing,”
said Westwood, “{t is a mea-
sure which makes us uncom-
fortable, but which in che
end can in very narrowly
restricted circumstances
probably be justified.

“But placing someone
under house arrest for up to

one year — which is what
electronic monitoring
amounts to — is a totally dif-
ferent matter.

“Even if it were somewhat
effective in reducing vio-
lence, it would clearly violate
widely accepted international
standards which prohibit
preventative detention, and
violate the due process pro-
tections which are funda-
mental to Canadian democ-
racy.

“And in this case, there is
no evidence, or any reason to
think, that electronic moni-
toring would stop anyone
who was truly bent on vio-
lence.”

Electronic monitoring is
currently used as a sentenc-
ing option for non-violent
offenders; potentially violent
offenders are specifically
excluded from electronic
monitoring programs.

Many people seem to
believe that electronic moni-
toring monitors a person
movements.

In fact, it does no such
thing.

The bracelet worn by the
offender emits signals from a
range of 200 to 500 feet to a
receiver connected to the
offender’s phone, and these
signals are stored.

Periodically, the receiver
dials out to a Corrections
Branch computer, which
matches the received signals
to 2 pre-determined curfew
schedule. If the offender was
not at home when he was
supposed to be, a violation
report is produced.

The system is not fool-
proof — it has about a 5%
error rate. It operates by
reporting violations after rhe
fact, but cannot prevent an
offender from violating his
curfew, let alone from com-
mitting a crime.

“Rock’s suggestion for
narrowing the provision to
those with a history or
record of violence simply
compounds the problem,”
Westwood neted.

“The irony is that the

more violent a person is, the
less appropriate it is te place
them on E.M. Surely, where
there is compelling evidence
that the person will commit a
violent crime, there has been
a threat, or stalking, or some
other behavior which consti-
tutes a crime. If so, they
should be arrested and
charged.”

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