- Stephen Harper: It's The Ideology, Stupid!

Submitted: 8:45am, PDT, CBC News
Ex-StatsCan head defends mandatory census, Clement 'manufacturing a crisis' over survey: opposition Mps, July 27, 2010, CBC News
http://www.cbc.ca/politics/story/2010/07/27/pol-census-clement-sheikh-hearing.html

Jail time and/or fines for not completing the Long Form is a necessary evil. Criminal sanctions including jail time and fines are the strongest method the Federal government has to ensure that a thing is done or not done.

There are many, many examples in our society that could be pointed to and the same criticisms made.

Only the Federal Government can make something a criminal offence.

There are approx 692 Federal Statutes with their corresponding sets of regulations (approx 3442). Generally each (statute and pursuant regulations, rules, etc) has provisions for criminal prosecution for failing to do something it requires be done or not doing something that would transgress the provisions of the legislation. This is besides the Canadian Criminal Code.

This makes an awful lot of opportunities to be thrown in jail. And from this 'criminal offence pool' I am very confident that there could be found many, many examples that, if brought to the attention of Canadians, would illicit the type of response that Tony Clement is giving to the Long Form. So why would Harper and the Con's be so firm on this one - it's all in the Ideology.

Next time you use a stamp to mail a letter keep in mind that:
Canada Post Corporation Act
60. Every person who contravenes any provision of this Act or the regulations . . .
(a) is guilty of an indictable offence and liable
to imprisonment for a term not exceeding
five years; or
(b) is guilty of an offence punishable on
summary conviction.

A Canada Post employee suggest to me that if someone where to put a stamp with a picture of the Queen upside down on the envelope, they would be violating the legislation, and so committing a criminal offence (I didn't do it, of course, we were just talking)

Next time you use a penny to replace that blown fuse keep in mind you may be committing a criminal office (of course, you may have the defence of insanity available to you).

Currency Act

11. (1) No person shall, except in accordance with a licence granted by the Minister, melt down, break up or use otherwise than as currency any coin that is current and legal tender in Canada.

Offence and punishment

(2) Every person who contravenes subsection (1) . . . is liable on summary conviction to a fine not exceeding two hundred and fifty dollars or to imprisonment for a term not exceeding twelve months or to both, and, in addition to any fine or imprisonment imposed, the court may order that the articles by means of or in relation to which the offence was committed be forfeited to Her Majesty.

One solution may be keeping the fine, with the threat of jail time for failing to pay, but eliminating the criminality - à la Provincial Legislation (vis.: illegal parking is not a criminal offence, but don't pay the fine and find out what happens).

Another, is pay the people who are given the Long Forms for their time to complete them. There is a certain amount of 'nature justice' to this, considering they are the ones who are spending all their time to provide information that many, many people will make money from. Clement could use the 30 million he has ear-marked for a media campaign (although Harper and the Con's would lose the opportunity to put themselves front and centre at the tax-payer's expense as when they spent over 50 million identifying the Con party with the billions spent on the stimulus program)

Criminal sanctions is a very blunt, harsh method of co-ercing the 'masses' to obey the law. It originated in a time long past, a harsh and intolerant past where human rights was non-existent and dignity and integrity of the person simply didn't apply as a universal principle, political rule was top-down and authoritarian and not democratically based. It was a time where this (along with torture, of course) was essentially the only way to enforce the law - there was no point in simply fining someone since the vast majority had no money. With the development of a commercially based society, human right and the integrity and dignity of the person, and democracy, the 'masses' are no longer 'masses' they are members of our society. And, they have more 'disposable' money, but are just as reluctant to 'throw it away on fines'.

Revamping the whole law regime to bring us out of the dark ages and reflect these developments of humanity would be a good thing. However, it is not likely to occur with Harper and the Con's. They are, in fact, dragging us back and undoing what our forefathers with their blood sweat and tears have achieved over many years.

Stephen Harper and the Con's 'tough on crime' policies are a direct, and harmful, throwback to this harsh, authoritarian, top-down, ideologically based, anti-democratic exercise of political power.

Lloyd MacILquham cicblog.com/comments.html