Federal politicians, who are now seeking our votes,would do well to look at the instructive case of Kyle Gianis, who was sentenced last week to 13 years in a U.S. jail.
As reporter Monique Tamminga outlined in a story in Friday's Times, Gianis had numerous run-ins with police here. In the summer of 2007, there was a stand-off at his home in Willoughby, which ended with no charges. Then in December, his home, which was heavily fortified, was hit by numerous shots from an unknown gunman in what seemed to be an attempt on his life.
Neighbours were terrified, and with good reason. They didn't know if gunfire would erupt again on their street, where homes are very close together and what happens in one home can have a direct impact on others.
Police knew that Gianis had been indicted in a U.S. court for his role in smuggling ingredients for meth labs across the border. That was apparently the source of his wealth, which led him to buy the new home while in his early 20s. He also had many other luxury goods, with SUVs, Harley-Davidson motorcycles and Hummers regularly seen at the home.
However, under our Canadian justice system, police here were unable to do anything with him. He apparently broke no laws that would lead to any sentence or jail time here. I don't know exactly how the extradition process works when a person like Gianis is indicted in the U.S., but obviously he was operating here with impunity.
The Charter of Rights and Freedoms and subsequent court decisions have severely handicapped police in their ability to deal with career criminals, who know their rights. They have limited police in their ability to search premises where they suspect crime is underway.
In addition to that, judges here give out very light sentences in almost all drug-related cases. There is no way Gianis would be sentenced to 13 years by a Canadian judge for smuggling meth lab ingredients into Canada.
In addition, if he had got such a stiff sentence, he would have been out of jail within a few years under the parole and mandatory release programs.
And on top of that, his trial would have been delayed for years. If he had been kept in custody, which would have been unlikely, he would get credit for double the time served in jail before sentence was pronounced. Thus a delay of two years, which is not uncommon, would add up to credit for four years in jail.
There are so many things wrong with our justice system it's hard to know where to start. But the place where many of the wrongs can start to be corrected is in Ottawa. The federal government has control over the Criminal Code, appoints most judges and sets sentencing guidelines.
It can also override Charter decisions, either by using the notwithstanding clause or introducing new legislation, something both Liberal and Conservative governments have been loathe to do.
Langley candidates and their leaders could take some pointers by studying the Gianis case.
