Justice system just isn't working prosecutor

Tag: canada

Posted By MEGAN HARRISON, STANDARD-FREEHOLDER

The number of child sexual abuse offenders convicted and brought to sentencing in Canada should be seen as a "national disgrace," says a former Alberta prosecutor and sentencing expert.

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Scott Newark, an outspoken advocate for justice system reform in Canada, spoke during a workshop for Phase Two of the Cornwall Public Inquiry last night, commenting on a report on trends in sentencing for child sex abusers in the country. The 250-page Talk About Sentencing report, commissioned by the Inquiry and written by two University of Ottawa PhD law students, was presented earlier in the evening.

One of the findings of the report was that of all the child sexual abuse cases reported in Canada, only two to five per cent make it to sentencing.

"Perhaps we shouldn't be looking at the trends in sentencing, but the reasons behind why so many of these cases aren't even making it through to that point," Newark told the crowd of about 50 people at the Ramada Inn and Conference Centre last night.

Newark also had vocal opinions on the finding that though children make up only 21 per cent of the population, they constitute a whopping 61 per cent of sexual abuse cases.

"Maybe it's just me, but I think this is a loud, clear, clarion call that kids need special protection, and that maybe our justice system just isn't working," he said.

Also on hand to comment on the report was Ellen Campbell of the Canadian Centre for Abuse Awareness. A child sexual abuse survivor herself, Campbell used to opportunity to call for increased minimum sentencing, greater use of electronic monitoring bracelets, and harsher penalties for those who violated the conditions of parole.

"I made the mistake of reading this report before I went to bed last night," she said. "I was so mad . . . and it just shows how far we still have to go on this issue."

Other highlights of the report, which looked at the sentences passed in hundreds of cases from Ontario, Alberta and Quebec over the past 40 years, included that the overwhelming majority of perpetrators were male, and that 36 per cent of cases in Ontario involved a person who was in a position of trust.

Surprisingly, offenders in a position of trust over the victim, which include teachers, doctors, priests and even babysitters, generally received lesser sentences than those who did not know or had never met their abuser.

"The fact that sentences aren't as harsh when there is a breach of trust really bothers me," said Campbell as she reviewed the report's findings. "I hope that someone delves more deeply into that, because I just don't understand why it would be less."

Other conclusions in relation to sentencing included that most offenders in all three provinces received a mixture of jail time and probation, with the harshest sentences coming from Alberta. Both Ontario and Alberta are seeing a downward trend in the amount of jail time awarded to child sex abuse offenders, whereas in Quebec, the length of sentences is rising.

Finally, the length of jail sentences for historical sex abuse cases is on average higher in Ontario than the penalties awarded in more recent cases. The reverse was true for both Alberta and Quebec.

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