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’