One of my former editors frequently said, "Even a blind squirrel finds a nut every now and again." I have to reluctantly admit that while the federal Conservatives have been blindly executing their dumb on crime agenda, they actually found a nut.
Last week, the Senate passed Government bill C-37, the Increasing Offenders' Accountability for Victims Act. This legislation doubles the victim surcharge to 30 per cent of any fine levied and to $100 for a summary conviction offence and $200 for an indictable offence in which fines are not imposed. It also makes the victim surcharge mandatory for all fines and sentences under the Criminal Code and the Controlled Drugs and Substances Act.
I was initially concerned about the latter provision. Currently judges have the discretion to waive the victim surcharge if it would cause undue hardship, which is frequently the case, particularly when a convicted person is going to jail for an extended period of time.
Also, crime is overwhelmingly linked to people with drug, alcohol, poverty, self-control or mental health problems. In other words, people with the least ability to pay. By making it mandatory, people who can't pay wind up breaching and the vicious cycle continues. However, if an offender cannot pay, they are eligible to work it off using Fine Option or other alternative mechanisms.
In my opinion, this may actually be preferable in many cases to making them pay the surcharge because having to make amends to victims directly, or indirectly through community service is a much more visceral atonement, which is precisely the intent of the bill-to increase accountability.
Alternatives to fines and surcharges, and even incarceration, fall under the umbrella of restorative justice (RJ). The evidence-although I find it unlikely it played a role for Tories with their anti-evidence retributive ideology-strongly suggests RJ is more effective in reducing crime than traditional criminal justice (CJ) methods.
A major meta-study out of the UK that examined 36 research papers from Australia, New Zealand, the US, Canada and the UK found RJ reduced recidivism for offenders of both violent and property crimes; reduced post-traumatic stress symptoms and the desire for revenge in victims; was preferred over CJ by both victims and offenders; reduced costs when used as a diversion from CJ; and increased, by two or more times, the number of cases brought to justice.
The legislation also addresses at least two areas of unfairness in the current system. First of all, as the Standing Committee on Justice and Human Rights heard from victims and victim advocates during the hearing stage of the bill's life cycle, the consideration of undue hardship for defendants ran contrary to consideration of the undue hardship inflicted on their victims.
Secondly-although I am sure this won't evoke much sympathy-those offenders who are able to pay, largely those convicted of traffic offences, were shouldering an unfair share of the burden.
I should note here that victim surcharges are separate from restitution. In addition to fines and custodial sentences, offenders, particularly those convicted of property crimes, are sometimes required to pay their victims back directly.
Victim surcharges, on the other hand, go to the provinces to fund victims services programs.
There are still some issues with this, however. Frances Woolley, a professor of economics at Carleton University did a very good analysis on the effect of victim surcharges and found in many cases there is little net increase on the availability of funding.
For example, she found many judges adjust fines downward so the total amount levied including the surcharge does not exceed what they would have imposed as a fine if there was no surcharge.
She also found that cash-strapped provincial governments have not necessarily increased funding for victims services programs, rather have used the funds to offset their existing victims services budgets.
This does not appear to be the case in Saskatchewan. Two weeks ago, timed to coincide with Victims of Crime Awareness Week, Yorkton MLA Greg Ottenbreit announced $128,418 in new funding for Parkland area victims services programs.
The Ministry of Justice will also be providing new funding to the Assiniboia, Coronach and Kyle areas with the intention of ensuring every community in Saskatchewan has access to victims services programs by the end of 2013/2014.
According to Ottenbreit, this represents a real increase in support directly from victim surcharges, not just a shift in the way revenue is earmarked.
That is very good news for victims of local crime, who frequently feel re-victimized by the system.
So, for this week anyway, kudos to the Conservatives for getting one right for a change.
Next week, however, I will be writing about the underhanded way in which they are trying to execute other elements of the dumb on crime agenda.
