Saturday, November 16, 2013

Rest Easy …

 

So say the Libs …for crime is way down.

No need for mandatory sentences…no need for stricter sentencing … no need for more prisons.

The Tories are simply wrong headed and wasting money.

But wait, in today’s paper is an article that states from the period October 31st to November 13 – a period of only 14 days … some 8 armed robberies took place involving pedestrians … that is over 1 every second day.

All but one of the 8 robberies involved hand guns.. the 8th – a knife and mostly cell phones / wallets / purses were the object of the thefts.

These are not cases of businesses or banks being robbed – rather it is pedestrians who are being targeted … many taking place in the early evening.

And the Ottawa police stick out their collective chests proud as punch that they have collected numerous grandfathers’ attic 22s in their recent campaign to have law abiding citizens turn in their guns for gifts.

All the while more than a dozen separate gangs control the streets and terrorize the citizenry.

Just this past week – two separate victims came forward to say they were sexually assaulted in city cabs.

And the police continue to look for a serial rapists who they fear has raped at least 5 women over the course of the last year.

No wonder a study in that same paper claims today that Ottawa women living in areas frequented by gangs “fear for their safety”.  Indeed some 71% of the 40 women canvassed felt this way.  Some said they refuse any longer to go out at night.

So the left can go on saying that crime is down and that the Tory get tough on criminals is a waste of time and money but I suspect the women fearing for their safety and the 8 armed robbery victims over a mere 2 weeks …would beg to differ.

The cops can go on collecting grand dad’s olde shot gun and give out treats.. but you and I know this will do nothing to address the real problem .. that is to say, gangs armed with hand guns.

I have said the best way in which to deal with thugs like this is to declare membership in gangs illegal – where it is in many places and them swoop down and arrest them all.  Place them in work camps in the hope of rehabilitation but safe in the knowledge they are off the streets.

And then work with the pre teenagers in disadvantaged areas to ensure that they have lives before them that do not include gang membership.

As I see it…

‘K.D. Galagher’

 

Thursday, November 14, 2013

I Had A Dream …

 

Last Night …But Not That One.

Rather, I dreamt I was teaching a first year law class about the deterrent effect of Canadian Criminal Law.

In particular the subject surrounded Liberal M.P. Ralph Goodale’s Bill currently before Parliament that would enhance the penalty against those who would assault city bus drivers.

I was waxing eloquent about how stiff penalties worked to deter others who might wish to participate in similar illicit actions … in this case assaulting defenceless bus drivers and was pointing out that more stringent sentencing would in all likelihood result in reduced assaults on this vulnerable group.  

I even had this to say, ‘ finally a politician has his head screwed on straight and a liberal politician notwithstanding.’

I then noted with great enthusiasm that efforts were currently underway to bring in a special provision for cases where police dogs are seriously injured or killed.

It was at this point when a hand shot up from the very back..

‘Professor Galagher’ if bus drivers and police dogs are in need of special laws to protect them…what about jail guards and bouncers in clubs.  Are they not too worthy of extra code coverage?’

I had to allow that ‘yes they are’.

‘And Professor’ is not the real problem the fact the current judiciary does not render out severe enough penalties in the first place’? 

‘Now you seem to be getting into the area of minimum mandatory sentences’, I said. 

‘And if the penalties suited the crime …as they should …would that not alleviate the need for minimum penalties and for special protection for special groups like bus drivers and police dogs’.

I was at a loss for words …but finally managed to offer my place at the podium for in fact the young chap was right…all victims should be treated equally under the law.  Madame Justice is in fact blind and thus there is no need for her to know the colour of the victims skin or their occupation.

Apply the law to the set of facts – if someone steals a loaf of bread be prepared to show mercy, and if someone beats on a defenceless bus driver …through the full weight of the law as is – without getting in to special status penalties.

It rather reminds me of my earlier rants against preferred parking …it started out as special parking for handicap (whatever that was intended to mean) it advanced to special slots for pregnant women, they women with children to be followed by men with children, and more lately to certain fad green energy cars. 

Fewer and fewer spots are left for the healthy or those who refuse to call themselves disabled.

As a citizen your life is just as valuable as anyone else’s and the law should not try to rank its value which is precisely what is going on here.

If a cop or jail guard gets murdered on the job …throw the book at them…give the offender life and through away the key.

If the dishwasher at McDonalds is similarly gunned down during a robbery …the same penalty should be meted out.  Full Stop.

As I see it…

‘K.D. Galagher’

Wednesday, November 13, 2013

Mandatory Sentencing …

 

And the like.

Media reports abound about Judges dissing Tory efforts to get tough on crime.

These stories relate especially to minimum mandatory penalties; for instance, section 85 of the criminal code provides for a minimum 1 year sentence – rising to 3 year in subsequent convictions – for those who use a gun in the commission of an offence.  Those terms are to be served consecutively to any other sentence rendered.

If anything, I think the mandatory minimum here should be 5 years since any use of a gun when committing an offence implies that the gunman was fully prepared to cause injury or death through its use.

But that aside, some judges are doing their best to defeat even modest mandatory penalties.

Justin Trudeau has come out to say that he trusts the Judges ‘to do the right thing’.

I don’t, as is evidenced by their past failures to consistently mete out stiff enough penalties.  

We all are aware of examples - save I guess for Young Trudeau,  but may favourite one is the case of the death of a young man –whose brother had worked with me -  who was shot for refusing to buy a scum bag another beer

I think I have mentioned that case in an earlier blog but the fact is the s.b. received only a 4 year sentence and was out in two.

Moreover, from his prison he was allowed to telephone and harass the victim’s family.

That said, there have been cases cited recently that show that there are a few cases where a mandatory sentence would be too severe and Judges have rightly turned to the ‘cruel and unusual punishment’ provisions of the Charter to grant the defendant relief.

But those types of cases are few and far between; the ultimate goal, of having the punishment fit the crime, remains.

Another trick Judges are using is in regard to imposing victim surcharges which the Tory Government has introduced to help assist the victims of crime.  One report today had a Judge ordering the payment but spreading it over 50 years.

That Judge and Judges like him should be dismissed from the Bench.

Unless it is a constitutional matter, Judges should confine themselves to imposing the law rather than their personal opinions.

So, in the important area of crime and punishment – Harper is where he should be …on the side of the law abiding public.

As an aside, more and more people are speaking about the need to have our judges elected as many are south of the border.  I am not so sure, but I do know that mechanisms need to be put in place to ensure that the public has its say when judges go rogue (i.e. similar in operation to the public police commissions).

As I see it…

‘K. D. Galagher’

 

Tuesday, November 12, 2013

White Poppies & RED CHINA…PT. 2

 

Now that you have had a chance to mull over my defence for the White Poppy …let’s now turn to Red China.

In particular, to Young Justin’s admiration for it.

We all know that at a recent speaking event, Trudeau was asked which country he admired most other than Canada.

I had expected him to say Quebec* but like you was surprised when he said the following:

‘You know, there’s a level of admiration I actually have for China because their basic dictatorship is allowing them to turn their economy around on a dime,,,’

And you know what …the kid’s right.

But before I get into that, let’s spend a minute on why I thought he would mention Quebec before all others.

First, he has said so in the past – that he greatly admires Quebec and if push came to shove – i.e. separation – he would opt to take Quebec citizenship in a heart beat.

He has also told us that his late father – told him that Quebecers were better than the rest of us.  So hence no surprise to me if he went with Quebec over China.

One more point – even the control freak Stephen Harper declared Quebec to have nation state status in a Motion he presented to Parliament and passed on November 27, 2006.

So had Trudeau picked Quebec, as I have said, I would not have been the least surprised but had he done so …he would have been wrong.  There is very little to admire about that Province save for its proficiency in getting others to pay their bills.

But I digress.

The fact is he picked China and I fear dear reader he is on to something.

At the time the Communists came into power in the late 1940s, China was a 4th world country with 90% of its population comprising of poor peasants.

Today, it has a middle class larger in size than all of the United States and within a year or two will surpass that nation in Gross Domestic Product.

That is simply astounding.

There is another side to China – as we all know – one that flagrantly abuses human rights and refuses all efforts at democratization.

And that is a side of China no reasonable person would or should admire.

In the 1960s and older friend of my father’s told me that we needed to watch China because the day would come when its economy would be on top.  Scotty Broughton was his name and he went on to say that China would then move to democracy and human rights protections because at that point its people would demand nothing less.

Put yourself in the poor peasant’s place in the 1940’s – he or she worried where the next meal would come from – rather than weather or not they were entitled to vote in an election.

So China took the first step and unlike the USSR moved to implement capitalism.

They did it most successfully and for that they deserve our admiration.

Now they must move on implementing democracy, the rule of law, and human rights protection.

Once they do that, China will be entitled to our full admiration without qualification.

Scotty – you called it right over 50 years ago in regard to the first step …let’s hope your insight carries forward to step two.

As I see it…

K.D. Galagher’

Monday, November 11, 2013

The White Poppy and The Red China …

 

Two Separate Topics:

I write these two mini blogs with some trepidation since my intent will likely be misconstrued by some.  I will do my best to try to avoid that. 

First, the White Poppy with the Word ‘Peace’ in its Centre.

A big kerfuffle is making the rounds in regards to  the Rideau Institute’s plan today to distribute White Poppies at the Ottawa Cenotaph.

I have little knowledge about this Institute but it appears to be a ‘left wing organization’ and if that is the case, they are likely using the White Poppy to promote peace at any cost which is a price freedom loving people are not prepared to pay.

Given that, one has to be most suspicious about buying in to their plan to distribute White Poppies.  But that said, even if their intention was less than honourable it may be time to look at its possible use more closely.

Let’s look first at the Red Poppy.

An American Woman by the name of Moina Belle Michael is credited with the launch of the Red Poppy as early as November 9, 1918 – 2 days before the end of the First World War.

In doing this, she was inspired by Canada’s own – Lt. Col. John McCrae’s poem In Flanders Fields.

The Poppy is the most propitious flower to commemorate those who sacrificed their lives so others may live in freedom …it’s seeds can lay dormant for years and years – and it blooms in great abundance, in Flanders, when the ground is disturbed, as it was between 1914 to 1918.

Originally it was a sign to commemorate those who lost their lives in war.  Over time, it has extended to all those who served in the defence of freedom.

The White Poppy too has been around a long time – since 1933 and was first promoted by a pacifist group known as the Women’s Cooperative Guild.

But this has got me thinking – why not co-opted the White Poppy to our own purposes?

Indeed it seems to me that the White Poppy does not detract from the Red Poppy …indeed a case could be made that they complement one another.

Permit me to explain.

We would not have the peace we all enjoy today, had it not been for the sacrifice and service of our brave military – most of whom were volunteers from the cities, towns and villages across our great land.

So while the Red Poppy would continue to honour this sacrifice – as it most certainly should, the white poppy could help us rejoice in the freedom their sacrifice paid for (i.e. perhaps the Red Poppy does all of this on its own …thank you very much).

Maybe this then is a bit simplistic and if so I apologize.

But let me continue.

When I wear the Red Poppy and attend Remembrance Services, I find myself thinking exclusively about the sacrifice our men and women made.  Perhaps this is due to the fact that many of my family served in Canada’s volunteer armies?

As a result, I know that I do not give enough thought about the Peace we enjoy today – the peace, as I have said, that has come about due to our military’s service.

The fact is, I have never had to volunteer to fight – as my father did – nor have my children – nor hopefully will their children.

The White Poppy with the word Peace in its centre, may help us all to focus on that.

So why do we fear the colour White – it is a symbol of purity?

And why do we fear the word Peace – it is after all what we all pray for?

And why do so many of us condemn the White Poppy out of hand as being disrespectful to our veterans.

I wish my father was alive today so I could ask him what he thought.

But maybe the time has come for two poppies – one to commemorate our veterans’ sacrifice and the other to give thanks for peace. 

It seems to be all in a worthwhile cause.

Part 2 – Red China … to follow.

As I see it…

‘K.D. Galagher’