PUBLICATION:                    Toronto Star

DATE:                         2004.03.15

SECTION:                  EDITORIAL

PAGE:                         A22

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Judging gun offences

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Are some Ontario judges too easy on people charged with gun crimes? Perhaps.

Toronto police Chief Julian Fantino has complained about an "in-and-out" revolving door legal system that too easily grants criminals bail, and freedom. Citing statistics collected by his officers, Fantino estimates 84 per cent of people arrested for gun-related offences in Toronto are career criminals. That suggests judges should think long and hard before granting bail.  Moreover, a series of police "house call" checks on those charged with gun crimes and granted bail found almost half were violating their bail conditions.

Given these findings, Premier Dalton McGuinty's government is justified in reminding judges about the seriousness of gun crime in Toronto. In an effort to encourage tough sentences and tighter bail terms, the province plans to give judges special affidavits- detailing society's gun problem- when someone accused of using a firearm to commit a crime comes before the courts. "This will be used as a tool to ... have the court consider how serious this problem is," says Ontario Attorney-General Michael Bryant. The affidavits will contain statistics and other evidence provided by Crown attorneys and police.

Canada's Criminal Code already rightly carries a minimum penalty of four years for carrying a gun while committing a serious crime. That's to be served in addition to any jail time levelled for the initial offence. But there's no harm- and potential good- in alerting judges to a growing social problem. Tougher bail requirements and sentences may make some offenders think twice before picking up a gun and blasting away. And those convicted can expect to be off the streets for a longer time.

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BREITKREUZ'S PLAN TO KEEP GUNS OUT OF THE HANDS OF PEOPLE WHO SHOULDN'T HAVE THEM

http://www.cssa-cila.org/garryb/breitkreuzgpress/guns114.htm