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Jack Layton has a chance to follow through on a Christmas promise

From the National Post:

Justice Minister Vic Toews, saying he needs to protect law-abiding citizens from sexual predators and violent thugs, has brought in legislation to make it easier to lock them up and throw away the key.

But almost as soon as he tabled the bill Tuesday, his opponents accused him of playing politics with the law, undermining the Charter of Rights and pandering to mob rule.

Under the legislation, anyone convicted of three serious violent or sexual offences would have to convince a judge why he or she shouldn’t be classified as a dangerous offender - a category that carries an indeterminate prison term under the Criminal Code.

In effect, the bill reverses the normal burden of proof for sentencing. It is currently up to the Crown to prove that anyone should be considered a danger to society.

Among those claiming that Toews and the Conservatives are pandering to the mob is NDP MP Joe Comartin:

NDP justice critic Joe Comartin called the bill “a bit of an overkill” and said he has serious doubts that it would stand up to a legal challenge under the Charter.

“This is political posturing,” said Comartin, predicting the bill has little chance of passing the Commons before next spring, when another federal election is widely expected.

Which takes me back to some other posturing last Christmas:

NDP Leader Jack Layton, who is the MP for the riding where Creba's family resides, said tougher border controls, sentences and anti-gang measures will help cleanse Canada's biggest city of gun violence.

He said the "evil men" behind the shootings should serve long and hard time in prison.

"We all have to make that commitment to Canadians, to the families, that we will come together in Parliament and act on all these issues immediately. And that's certainly a commitment I'm prepared to make today," Layton said during a campaign stop in Toronto.

Jack Layton was speaking about the murder of Jane Creba who was caught in a gang-related crossfire:

Jane Creba, the bright and athletic 15-year-old killed in the Boxing Day shootings on Yonge Street, wandered into the midst of the gunfire that suddenly erupted.

She was shopping with her 18-year-old sister, Alison, on the east side of the street, near Sam the Record Man, when she decided to skip across to the other side where the Foot Locker sporting goods store is located.

She walked smack into the crossfire of the gun battle, The Globe and Mail has learned, and took one bullet to the upper torso.

Six more people were wounded in the violence that erupted that day.

Of course, Jack Layton being Jack Layton, also demanded more playgrounds and other community programs. Nevertheless, it certainly sounds like Toews' proposed legislation constitutes tougher sentencing, and also counts as an anti-gang measure, since it follows that gang members are likely to be repeat offenders.

Indeed, the prime suspect in the Creba murder was just such a repeat offender:

The weapon is a nine-millimetre Ruger, taken from 20-year-old Andre Thompson and a 17-year-old who cannot be named under the Youth Criminal Justice Act.

Thompson was recently released on probation after serving 30 days for a convenience store robbery.

The P-series Ruger, of which 4 variants fire 9mm rounds, is a rugged pistol designed for continous firing without damaging the construction or jamming. Just the kind of weapon you'd want to have if you plan to empty a clip into crowd, hoping to hit one or two targets darting in and among the innocent shoppers.

The new legislation might not have saved Creba -- we don't know very much about Thompson's background to know if he had already hit the three-strike limit prior to Boxing Day, but with the robbery, the possession of a firearm while on probation, and the gunfight itself, Thompson looks like a candidate to be put away forever.

Last Christmas, in the midst of an election, Jack Layton and the NDP seemed happy enough to promise to help that happen.

Now is their chance to follow through on that promise. If Jack Layton and the NDP don't, then we'll know who is posturing and who is trying to get the job done.

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Angry in the Great White North by Steve Janke is licensed under a Creative Commons Attribution-Share Alike 2.5 Canada License. Based on a work at stevejanke.com.
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