(This column was published in the North Shore News on Nov. 12, 1997)
A new diversion around B.C. justice
By Leo Knight
ATTORNEY General Ujjal Dosanjh made two significant announcements in the past week.
The first involved a "new" program of diversion for many first-time offenders.
According to the AG, the existing program of diverting many first-time young offenders will be expanded for many more offences than are currently eligible. Additionally, the program will encompass adults facing the justice system for the first time.
Diversion is designed to keep the first-time offender from the court process ostensibly to alleviate the pressure on the overburdened courts.
Theoretically, when such an individual is arrested for one of the offences listed in "Category 3" or "Category 4," as outlined by ministry officials, the offender, after admitting his or her guilt, then sits down with the victim to get a full understanding of the consequences of their crime.
They would then apologize in writing and, if applicable, make restitution to the aggrieved party. If required, a further period of community service would then be enforced on the offender.
Fair enough. The diversion program has been in force in BC for the past 15 years. In 90% of the cases, it works. The problem occurs with the other 10%.
Once diverted, there is no effective criminal record. Therefore, some "first-time offenders" get diverted three, four or five times because their crimes occur in different jurisdictions. The other problem, which takes place with alarming regularity, is when the offender waggles a middle finger at the system and does not comply with the conditions of the diversion. After diversion, the charges cannot be re-instituted, at least not in its current configuration.
According to Dosanjh, the new policy of diversion will occur instead of "jailing these offenders." There's the first lie in the spin doctoring. In B.C., unless the crime is particularly repugnant, violent or exceptionally serious, a first-time offender never sees the inside of a jail cell.
The way ministry officials have set the guidelines for prosecutors with the new policy is quite strange in itself. So-called "Category 1" crimes such as murder would not be subject to diversion. Neither would, in most cases, "Category 2" crimes. At least, not without the specific permission of the regional Crown counsel.
While "Category 2" offences such as child abuse should certainly never be subject to diversion, the majority of the list looks suspiciously "politically correct."
Apparently, if you break into a house or steal a car, this is a "Category 4" offence and subject to virtually automatic diversion. No criminal record. No court. No jail.
But matters such as impaired driving, violence against women and so-called "hate crimes," are "Category 2" offences.
Evidently, if I, a white, heterosexual male, get beat up by a group of thugs outside a 7-Eleven, this is somehow less serious than if I were gay and beaten up by the same group of thugs. In one case court, in the other, diversion.
The diversion program has a great deal of merit. But the merit has absolutely nothing to do with blanket application or interpretation. Cases, circumstances and people are different and diversion should be applied fairly and only after examining each case.
The priorities are wrong. Mixed messages are being sent and hypocrisy lurks behind every announcement.
The AG wrote to the parole board to keep pedophile and former school principal Robert Noyes in jail, suggesting he remained a danger to society. In the same time frame, officials in his ministry cut the deal allowing pedophile and school principal William Bennest to remain on the street.
How is one any less a danger to society?
Dosanjh told us this week that fines for speeding were going up markedly. Apparently fines will be increasing by 50% to 300%, depending on the speed involved.
Now let me see if I understand things correctly. If you, as an ordinary, hard working, tax-paying citizen are caught driving at 30 kilometres over the posted speed limit it could cost you as much as $473 in penalties. If, however, your car is stolen and the offender is caught speeding in the stolen car, he would only have to write you a letter of apology after admitting what a bad boy he was.
The average fine for a first offence of impaired driving is $400. Get caught selling heroin to an undercover police officer and it'll cost you about $300. Something is wrong with this picture.
The AG also said he was going to re-hire four retired judges to help ease the back log of cases in our courts. It seems to me he's going to need 10 times that many just to deal with the cases of speeders who used to feel $100 fine wasn't worth going to court over.
I suspect the increased fines will only be surpassed by the increased anger, which is likely going to be directed at the poor cop who issues the ticket.
I'm sure Dosanjh means well. He is, arguably, the most competent and honest member of the government. Frightening, isn't it?
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