The Canadian legal system has infuriated me for several years, now.  It seems that every time I open the newspaper there is another guilty human being protected by the law, leaving the victims with little faith in the system that is supposed to protect us.

Justice is BlindMy biggest issue has always been with the Young Offender’s Act.  With this act, people under the age of 18 are granted extra protections, such as not having their names or pictures published in the news, and often come with much lighter sentences if convicted.

For some crimes, such as theft under $5000, I can understand why this act might be beneficial both to the perpetrator and the victims.  The victim sees justice served, the guilty party pays their debt to society, and though the criminal record will always exist, people can re-integrate themselves into society without being immediately recognized.

But then there are other crimes where this act is used that just make my blood boil.  People that commit murder, rape, assault, and other acts of violence against fellow human beings should never be given a special status just because they’re under 18.  We do not somehow change when our 18th birthday rolls around.  Aside from being granted the ability to vote, my 18th birthday was no different than my 16th.  If it were up to me (which it is most definately not), parties found guilty for these vicious crimes would instantly lose any protections under the Young Offender’s Act and be treated as adults, with their photos and names published in every newspaper from coast to coast.

This is a bit of a long way to get to the news story that has forced me to publicly rant about my take on our over-protective legal system, but I feel it’s necessary before getting into the details.

So in a reversal of usual practice, an Alberta judge ruled yesterday that it will be up to the Crown prosecutor to prove that a teenager who pleaded guilty to first-degree murder should be sentenced as an adult rather than as a youth.  The judge made the decicion in the case of a 13-year-old girl who was raped and murdered on an Edmonton golf course in April of 2005.

Seventeen at the time, the accused was eligible for a less severe sentence under the Youth Criminal Justice Act when he entered the plea last December.

The act currently requires the defence to prove that the accused should be sentenced as a youth rather than as an adult, but the judge’s decision means that the Crown prosicutor will have to make the case for an adult sentence at a hearing October 1st.

If sentenced as an adult, he would face an automatic life sentence with no chance of parole for 25 years.  If sentenced as a youth, however, the maximum would be 10 years, of which no more than six would be spent in custody.

I cannot even begin to truly voice my disgust at this decision.  The idiot was clearly thinking with a different head when he decided to rape and kill a 13 year old girl.  What difference does it make whether he’s 7, 17, or 37?  There is no difference!

We are all raised from a young age to know that murder is a very big “no-no”.  Rape is also a very big “no-no”.  Even children raised under the most neglectful of parents would be aware of this.  It’s common human decency.  For anyone that doesn’t know these things are bad, they shouldn’t be allowed to freely roam the streets anyways.  Letting people get away with these acts makes the victim’s life appear worthless.

The whole situation disgusts me.  Legal systems were designed to keep the rich in power, and the poor in line.  However the Canadian legal system seems to be designed to keep the rich in power, the felons on the streets, and the law-abiding citizens up shit creek without a paddle.

It’s probably a good thing I never went into law….