Debate over repeat offenders takes centre stage during question period

With urban mayors blaming a small number of repeat offenders for a disproportionate amount of crime in their cities, pressure is mounting on B.C.’s NDP government to act.

The debate is now centred on whether the province’s attorney general can provide guidance to Crown lawyers that would see fewer accused criminals released back onto the streets – something the opposition BC Liberals demanded of officials during question period Tuesday.

Liberal leader Kevin Falcon said more needed to be done to address what he claimed was "the worst explosion in random attacks and social chaos in the history of this province."

Over the weekend, a woman was violently attacked in broad daylight in downtown Vancouver, only for the accused to be let go the same day, despite police recommending he be held in custody.

According to “A Rapid Investigation Into Repeat Offending and Random Stranger Violence in British Columbia,” an expert report commissioned by the government, a federal law is leading to more offenders being released on bail. The report cited concerns from police that the Crown is reluctant to approve charges for those who breach bail conditions “unless in addition to a substantive charge, resulting in an emboldening effect.”

While none of the report’s 28 recommendations involve issuing a directive to prosecutors, that's what the Liberals believe could make a difference.

One of those pressuring the government Tuesday was Elenore Sturko, the legislature's newest MLA, who represents Surrey South and is a former police officer turned politician.

"If the NDP actually cared about the victims of prolific offenders, they would give prosecutors and police the tools to do their jobs, tools like being able to enforce release conditions," she said.

Attorney General Murray Rankin fired back that bail conditions are part of Canadians' Charter Rights, noting federal law C-75 directs courts to release offenders as soon as possible. It was enacted following concerns over how many people were ending up in jails.

"I intend to go next week to meet my federal counterpart, the Hon. David Lametti, minister of justice, bring the report to him, talk about concrete ways we can ensure that the Criminal Code and the bail provisions work in our province," Rankin told the house.

The opposition claims the attorney general can already direct Crown counsel to detain repeat offenders. The government isn't supposed to tell Crown lawyers what to do, yet it appears there may be a way for the province to issue a directive.

"There are a variety of tools, one of which the member referred to in terms of directives, that we will examine," Rankin said.

In a statement released earlier this month, Peter Juk, the head of the B.C. Prosecution Service, said lawyers are increasingly dealing with people who have complex mental health issues.

The report on repeat offenders – authored by Amanda Butler, PhD, and Doug Lepard, a former police officer – also noted the complexity of poverty, mental health issues and substance use, which they said should be dealt with separately from criminal issues.

The opposition agreed with that sentiment, but for now is pushing for change that keeps people who are violent and at high-risk of reoffending behind bars for longer.

"What's required is leadership," said Falcon. "And we deal with it number one by giving direction to Crown prosecutors to detain people that are unsafe and are a threat to people in the community."

The province said it's already working on three of the expert report's 28 recommendations, and that the rest are being reviewed. Those three recommendations include:

• bringing back a prolific offender management program that ran from 2008 until 2012, and which was shown to reduce repeat offending by as much as 40 per cent in the first year
• establishing a dedicated provincial committee to co-ordinate supports for people with complex health-care needs in the criminal justice system
• developing a pilot program based at the Prince George First Nations Justice Centre to better support Indigenous people who come into conflict with the law