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Posts Tagged ‘Reinstating’

Not in the Pardoning Mood: Reinstating Death Penalty in Canada

Since it was elected, the Government of Canadian Prime Minister Stephen Harper has been known for its efforts to make Canadian criminal justice stricter. While the Opposition in Parliament has resisted quite a few of Harper’s efforts, some of the bills proposed by his Government have been passed, including measures to raise penalties for sexual and drug-related offences and a restriction on pardons for certain offenders. But on 18 January, Harper was forced to address an issue which he had tried to avoid: in an interview with CBC anchor Peter Mansbridge, he was asked whether his government would consider returning the death penalty to Canada if re-elected. His initial answer was a tactful “I don’t see the country as wanting to do that.” When pressed to reveal his own opinion, Harper elaborated: “Well, I personally think there are times when capital punishment is appropriate. But I’ve also committed that I’m not, you know, in the next Parliament, I’m not, no plans to bring that issue forward.”

Clearly, the Prime Minster does not intend to bring his opinions on this divisive issue into the Canadian political arena. But his personal views may be shared by an increasing number of his compatriots: according to a 2010 Angus Reid poll, a fair majority of Canadians, 62%, are in favour of reinstating the death penalty for murderers, while a sizable minority, 31%, would allow it to be imposed on rapists. Given these statistics, could a modern government stage an attempt to bring back capital punishment with any degree of success?

Historical background

The sentence of death by hanging was a Canadian reality within living memory. Until 1961, it was the standard punishment for murder; in that year, the law was amended to restrict the death penalty to those who committed “capital murder”, essentially any planned killing. Nonetheless, the last execution in Canada was in 1962, after which the government put a moratorium on carrying out death sentences. Capital punishment was formally removed from the Criminal Code in 1976. It remained residually in the National Defence Act for serious military crimes such as treason and mutiny; even those provisions were never used in recent history and were ultimately repealed on 10 December 1998.

Barriers to reinstatement

If a modern government were to go forward with a proposal to reinstate the death penalty, it would raise serious human rights issues. In an interview on the subject, Osgoode Hall law professor Jamie Cameron is quoted as stating that “…any attempt to reinstitute the death penalty would raise serious constitutional questions. In my opinion, the odds are that it would be found unconstitutional.” Cameron clearly has in mind Section 7 of the Charter of Rights and Freedoms, which guarantees “life, liberty and security of the person”. On top of this, capital punishment is not practiced in most of the Western world, and an attempt to reinstate it would be bound to draw serious criticism from the international community.

If we were to focus solely on the current political situation, another major barrier, regardless of public opinion, is the fact that the Liberal Party, which unequivocally opposes the death penalty, currently has a strong position the House of Commons and has successfully stalled far less extreme reforms to criminal law.

As things stand, therefore, a return to capital punishment in Canada does not seem to be likely. Regardless of the common person’s view on the matter, the current political zeitgeist is not in favour of reinstating the death penalty. In particular, Canada’s international reputation as a liberal, progressive country would be significantly jeopardized by such a move, a price that most politicians are not willing to pay. Nonetheless, Canadian criminal law is likely to become less forgiving soon. The government is working hard to pass Bill C-23B, which will affect pardons to which, at present, a convicted criminal is entitled after 3 to 10 years have passed from the completion of their sentence. Even today, anyone convicted of an offence carrying a life or indeterminate sentence can never be pardoned, meaning that their criminal record will always be accessible to the public. Bill C-23B will make the requirements for obtaining a pardon even more restrictive, lengthening waiting times and also re-naming pardons “record suspensions”, which will distinguish them from the more generous pardons occasionally granted by the Governor General under the Royal Prerogative of clemency.

Ned Lecic lives and works in Toronto. He is a writer for a Canadian pardons agency.

Article Source:
http://EzineArticles.com/?expert=Ned_Lecic

Ultimate Adventure 2012 Teaser

Take a glimpse into the life of an Ultimate Adventurer! The Ultimate Adventure 2012 is presented by Petersens 4Wheel and Off-Road Magazine. This is eight days of non-stop four wheeling on some of the most impressive and grueling landscape our country has to offer. We hope you enjoy this teaser video and that one day you will be able to experience the Ultimate Adventure! Audio: Assassins of Youth By Wayne Static www.waynestatic.com

Question by zombie: Can i still get a good job with a ” reckless endangerment” suspension on my record?
I am scared that I wont be able to get a good Job now that I got a “reckless endangerment” suspension on my record. This is my only suspension and I have a few cut classes on my record too. I want to turn my life around and do the best I can in school but I think its too late.. ( I’m in 9th grade). So is it possible for me to still get a good job ( like a lawyer) even though I got this 1 suspension.

Best answer:

Answer by myeatyou!
Why would an employer have access to your school records? You’re only in 9th grade, no employer is even going to care about 12th grade! Especially if you go to university afterwards.

Know better? Leave your own answer in the comments!
Mass. cop's suspension overturned
"He suspended her, and she grieved it with the union," Deveau said. "The union suggested there was no wrongdoing done, and the charges should be dismissed and her record cleared and she should be made whole for the loss of her wages. The union …
Read more on Police News

How to practice shooting driven wild boar in Kent, plus pigeons in Essex, a record muntjac in Hampshire and an angy anti from Leeds – what a lot of programme this week in Fieldsports Britain! We’re off to Roy Lupton’s place in Kent. Roy has got a fabulous new way to practice his double rifle skills (based on an original sandwich with Tim Pilbeam!). It’s a radio-controlled offroad car with a target on its back, and it’s a laugh-a-pellet with an airgun. Next, we’re out pigeon shooting in Essex with Geoff Garrod, vice chairman of the National Gamekeepers Organisation and star of the Gamekeepers Diary DVD series. And he has brought his 13-year-old son Justin Garrod, who is full of questions. Finally, Mark Gilchrist attracted cyber-bullies from the anti-hunting lobby when he shot a white fox last year. Many of them said they wanted Mark dead. We confront one of the more violent League Against Cruel Sports supporters – and we gain the support of BeatBullying.org.
Video Rating: 4 / 5

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