A 'faint hope' at distraction?

When all else fails - tug some heart strings.


The Tories are looking to remove the 'faint hope' clause from the Criminal Code of Canada, originally instated in 1976 when the death penalty was abolished, as Minister of Justice Rob Nicholson announced today. The clause allows prisoners convicted of First and Second-degree murder to appeal for an earlier parole than initially sentenced. The process is by no means quick 'n easy, there is a considerable amount of effort that has to go into the application process by the applicant, the judge and the potential jury.

Naturally, as most questions of crime and punishment go, the faint hope clause has often provided a good deal of controversy to Canadians. How could it be conceivable to release a person convicted of murder back into the public? Is a life sentence not then made obsolete? Will rehashing the past for families' victims not further the monumental pain they have already experience?
Conversely, is the purpose of prison merely a means of punishment or also a means of rehabilitation? Shouldn't prisoners have some hope if it is proved they have changed? Is it undemocratic to disbelieve the judgment of a jury who believed in the rehabilitation?

It is hard to argue that a person who has committed the horrific and irreversible crime of murder should be allowed back into the public, particularly difficult to argue with the families of the victims. Murder is a travesty and the punishment should always be severe - but have we lost all confidence in humankind that we fully believe a person cannot change?
Whatever the perspective, reviving this former election promise at this particular time should not be seen by anyone as anything else but life support for Harper's government. Public opinion of the party has been in steady decline, mostly because of Harper's smear campaigns (outside of elections, no less) and the ballooning national deficit. The Liberals are hardly the answer to Canadians' prayers but with election talks looming, it would seem the Reds are no longer in the red and are making a big effort to come out strong against Harper.

So the faint clause, now? Of course. By appealing to emotive voters and on the fence supporters with a "fulfilled election promise" (even if it has been on the very low priority back burner for almost a year), Harper is hoping to revive the gung-ho git'er done image of his Conservatives. Harper's flagrant use of a highly emotional and sensitive Canadian issue as an election tactic is downright dirty.

Both the Liberals and the Tories are planting election seeds, while the NDP is having none of it. Ignatieff goes to Quebec to talk ARTS. Harper reverts to his highly supported 2006 election promise of repealing the 'faint hope' clause.

It is too little too late for Harper. Layton comes off as sympathetic for holding his stance on a more generous EI and Ignatieff smooths over the sore issue of Harper's art cuts (particularly sensitive in Quebec). And Harper? He tries his luck with a bill that he should have passed a year ago if ever, a bill which appeals to the emotive side of Canadians and voters.


References:

CBC - (05/06/09): "Tories to repeal 'faint hope parole' clause"

Globe and Mail (05/06/09): "Tories move to eliminate faint-hope clause from Criminal Code."