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Playing politics with our prisons

October 24, 2009

Gaming the system. According to the federal Conservatives, that's what hardened criminals are doing in jail: dragging out their cases, prolonging their time in the roughest, toughest provincial jails, so that when ultimately convicted, they can count on reduced sentences from judges – who usually grant double credit for time served in these harsh facilities.

At least that's the premise behind Ottawa's latest "truth in sentencing" legislation now wending through Parliament. By compelling judges to recognize only actual time served – that is, removing judicial discretion to grant extra credit for substandard conditions – the government claims it is now getting tough on crime.

Trouble is, there's no solid evidence – only anecdotal arguments – that criminals consistently instruct their lawyers to drag their feet so they can languish in the worst provincial jails just to get extra credit.

If anyone is gaming the system, it's the government, backed by most opposition MPs. They are playing political games with the lives of prisoners, the money of taxpayers, and the safety of all citizens.

Nor is there any persuasive logic behind the discredited, American-style, mandatory minimum sentences for serious crimes that deprive judges of any discretion in dealing with non-violent drug users – another government measure before Parliament.

The Conservatives seem determined to make crime pay – for them, at the voting booth – by preying on people's insecurities and fears that crime is on the rise. In fact, crime rates have been declining over the past quarter-century.

Yet public perceptions are vulnerable to exploitation by politicians keen to burnish their credentials as tough on crime. Mindful of the electoral stakes, the opposition Liberals and New Democrats are playing along lest they become easy targets for Prime Minister Stephen Harper's crime-fighting rhetoric in the next campaign.

But if crime-fighting pays dividends for politicians on the hustings – and cows opposition MPs into silence – it will leave taxpayers footing the bill. By dramatically ramping up the number of prisoners doing jail time – and serving longer time – the Conservatives are setting the stage for an expensive prison-building program.

Statistics Canada projects incarceration will grow at a rate of 10 per cent once the changes are implemented. That translates into 3,000 new beds for men, which will cost taxpayers billions of dollars. Public Safety Minister Peter Van Loan has admitted a major building program is in the works. That's a game we can't afford to play.