A skilled defense lawyer argues that Canada is long overdue for a new approach to crime, leaving behind the current system of incarceration Argues that respect, compassion, programs tailored to offenders’ needs, and maintaining community ties all help rehabilitate offenders and prevent subsequent crime, especially when addiction, sexual abuse, and mental illness are factors Canada's pattern of jailing disproportionate numbers of indigenous, minority, female, and poor people is a growing scandal that generates headlines week after week, highlighting the need for better alternatives Author is among the very few to have seen conditions in the deepest recesses of Canada’s toughest prisons, where even most defence lawyers don't go Author has previously written about the failure of the War on Drugs to stop the illegal drug trade and is an expert writer and commentator on justice reforms
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Both comprehensive in approach and concise in conveying a message, I found this a highly useful resource with one notable exception.
The author presents issues with sentencing, a brief history of problems within Canada's prison system, the issues that are still prevalent at the time of publication, and then tackled the obvious question: if we can acknowledge how much is wrong with Canadian prison systems (federal, provincial) and the justice system that feeds them, what are the alternatives? The author is careful to first address why prison reform is a dead end - something that supports the continuing existence of prisons without ever fixing all the problems.
She then presents methods and models that have been proven to work in various scenarios and locations as alternatives.
Mallea's careful to acknowledge that the first priority is ways to make things less miserable for those currently incarcerated, but looks forward to ways Canada could transition from a penal system - the need to punish via incarceration - when its proven time and again it's not the best environment for correction or rehabilitation - to other methods. At the same time, the author, probably as a result of experience in criminal law, is careful to emphasize that truly dangerous people should be separated from society. The author wants to make a clear case about there being no justification for non-dangerous law breakers, and perpetrators of vicitimless crimes under administrative law (not paying a fine/missing parole meet) requiring incarceration, especially for those who would be better served by psychiatric care or a program for drug dependency, whereas dangerous people require some form of monitoring or separation. The author's emphasis is on public safety.
It just feels a bit to me, like that emphasis leaves room for the wrongly accused to be condemned to being ostracized - and don't the stats hold out that systemic racism plays a part in wrongful conviction? Wrongful imprisonment was not a subject covered by the book. 🫤
I should also say that this book is seven years old and particularly in the more appalling facts related, I felt compelled to do some googling to see if things had gotten any better.
The answer is mixed. Since 2017:
Marijuana was legalized; it gets a little muddy when it comes to the timeline on pardons/record suspensions for possession.
Administrative segregation was abolished, but the new system might not be any better and still doesn't have a cap on days that can be spent in ‘the hole'. Provincial jails have agreed to no longer detain refugees, but that doesn't answer whether federal jails will do the same, and whether this means the preferred community based alternatives are available.
Some mandatory minimum sentences are still in place.
Suffice to say, Mallea's point about reform never being the complete solution continues to be born out. It's inspiring and essential to see the number of working, real life alternatives.
I appreciate the facts laid down and the further reading presented, it gives the reader a chance to make up their own minds, and pursue the cause. As Mallea states in the conclusion, grassroots efforts of Canadian citizens will be key in making such an important change in our society.
⚠️Self-harm, SA, suicide, neglect of mental health, physical abuse, drug and alcohol addiction
