Justice Golden State style

THE holidays are over.
It’s back to the grind
for those of us who
were lucky enough to
get away for a few
days.

1 had the opportunity to
‘escape to sunnier climes in
California. Before you start
feeling sorry for me, I will
tell you the golfing was great.

While there, however, I
did make some observations
that were quite interesting.

-On New Year’s Day, at the
stroke of midnight, nvo new
laws came into effect. The
first one was a statewide,
blanket no smoking restric-
tion in all public buildings,
restaurants, clubs and pubs.

This new law got an ineredi-

ble amount of media cover-

age. Needless to say, opinion
on the issue was divided. Not
entirely dissimilar to the great
debate raging in our fair city.

The inherent difference is
the government of the State
of California enacted a level
playing field for everyone.
Here, because the NDP can-
not or will not make a deci-

_ sion, it’s been left up to indi-
’ vidual municipal governments
and the result is a hodge-
podge of bylaws rendering
~ some businesses unable to
compete fairly with neighbor-
ing businesses, in some cases
across the street.

_ The other law is also
indicative of a government
not afraid to make some
tough decisions. It’s called
the “10-20-Life” law.
Essentially, if someone uses a
weapon in the commission of

gmmaiibox

crime and
| punishment

an offence in California after
midnight, Jan. 1, 1998, an
automatic sentence of 10
vears will be added to any
sentence imposed for the
original offence itself.

Ha shot is fired in the
offence, 20 years is automati-
cally added to the sentence.
If someone is hurt or killed as
a result of the shot being
fired, the sentence is auto-
matically life imprisonment.

Compare this to the
thoughts of our federal gov-
ernment, when, at this ime
last year they brought in an
amendment to the Criminal
Code that mandated a mini-
mum four-year sentence be
imposed on anyone convicted
of using a gun in the com-
mission of an offence.

This charge and sentence
was supposed to be in addi-
tion to any sentence imposed
for the original offence itself.

Essentially, we have had
the same law since the late
*70s, but initially, the mini-
muni was one year. | argued
at the time that the new min-
imum only provided a some-
what bigger bargaining chip
for Crown counset in trying
to obtain a guilty plea.

In trying to tind examples
of how the law has been used
since last January’s inception,

T have found precious littie te
indicate there has becn any
notice at all of the law by the
courts,

In fer, the day arter the
law came into being,
Vancouver Police arrested
two career criminals for an
armed robbery at the Fogg
and Suds restaurant on the
west side. Shots were fired in
the incident and a high speed
pursuit resulted betore the
police were able to corral the
rats. .

Charges of armed robbery
and “use of” were laid as well
as a myriad of other charges
relative to a number of other
armed robbery incidents.

In the subsequent and
inevitable plea bargain, the
bad guys got a total of four
years in custody.

The judge made reference
in his comments to the fact
that he wasn’t going wo be
dictated to by anyone on
appropriate sentencing. The
Crown, as far as } can derer-
Mine, never pursued the mat-
ter either through appeal or
via the federal minister of jus-
tice.

Ir certainly didn’t take
long for my prediction to
come true.

California has added a sig-
nificant weapon to its arsenal
designed to protect its citi-
zens. The new law gels well
with their “three strikes and
you're out™ legislation
brought in qwo years ago.

I'm not saying all
American laws are better. Far
from it. God knows their gun
laws defy common sense to
most Canadians.

But what they are recog-

peat natin eens ios amen en en ret Yes LemN ty

-Chrisimas trees filched

you wouldn’t think that it could reach the level

" Dear Editor:

“A rather disturbing event cast a shadow on
the closing days of our annual Christmas Tree
Sale in the Capilano District of Scouts Canada.

: As you may know, the Capilano Scouts have
. staged their annual fundraiser, in the form of a
Christmas tree sale, for the last 10 years.
Thanks to the support of the Wal-Mart people
‘through the kind donation of their outdoor.
- garden shop and a community that supports
. Scouting activity, the necessary funds to turther
various scouting works have becn generated.
Due to the somewhat restricted size of the
lot, it has been necessary to store the overtlow
of trees nearby Thanks again to another public
‘¢ citizen, the Dave Buck Ford
*. company, we have been able to use their rear

spirited corpu:

storage yard for this purpose.

<: Lisuppose hard times affect everyone, but

Renovatio

beliefs.

ve ;
n

it did. Much to our dismay and_disappoint-
ment, approximately 40 cultured fir trees were
stolen from the storage lor at Dave Buck Ford.

Whether the thieves knew they were steal-
ing from the scouting organization is perhaps
not the mest significant point, but rather the
low act of stealing the very visible symbol that
typifies that which is Christmas to so many
people — young and old and of all religious

What's done is done — nobody was physi-
cally hurt and fife goes on.

However, I felt that your readership might
want to reflect on this incident and ponder why
events like this take place in our community.
D. (Rocky) Rocksborough-Smith
Deputy Regional Commissioner
Capilano District of Scouts Canada

Sale! -

‘Come and visit our temporary Please Mum.

* |S6€ation at Park Royal Shoppin
~advantage of our amazing Ii

oa

g Centre.arid take
quidationsprices.

:

tizing is that habitaal crimi-
nals cannot be rehabilitated.
They provide a huge amount
of resources in trving fo
straighten out those whe fall
afoul of the law and social
norms early on in their crimi-
nal careers. If the individuals
fail to benefit positively from
that help, the choice is theirs
should they continue their
lite of crime.

California’s prison popula-
tion is higher per capita than
anywhere in Canada. The
argument we hear in Canada
is that ie’s too expensive to
jail people.

No question about it. But
at what cost de we allow

habitual offenders to continu-

ally spin through the revolv-
ing doors of our justice sys-
tem?

The police deal with the
same people over and over
and over again. Judges must
be on a first name basis with
many of them, they see them
so often.

Yet, we continually see
things like “concurrent pro-
bation,” or “conditional sen-
tences” or electronic moni-
toring when the equipment
used, if available ar all, does-
Wt work.

Protection of the public is
supposed to be a major con-
sideration in imposing sen-
tences by our courts.

California seems to be
getting it right. Not us. Not
here.

Not by a long shot.

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Wednesday, January 7, 1998 — North Shore News — 7

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