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Crime

Despite recent bail reform flip-flops, Canada is still more dangerous than we’d prefer

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The Audit

 David Clinton

Our Criminal Justice System Is Changing

58 percent of individuals sentenced to community supervision had at least one prior conviction for a violent offence. 68 percent of those given custodial sentences were similarly repeat offenders. In fact, 59 percent of offenders serving custodial sentences had previously been convicted at least 10 times.

Back in 2019, the federal Liberals passed Bill C-75, “An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts”. Among other things, the law established a Principle of Restraint that required courts to minimize unnecessary pre-trial detention. This has been characterized as a form of “catch and release” that sacrifices public safety in general, and victims’ rights in particular on the altar of social justice.

I’m no lawyer, but I can’t see how the legislation’s actual language supports that interpretation. In fact, as we can see from the government’s official overview of the law, courts must still give serious consideration to public safety:

The amendments…legislate a “principle of restraint” for police and courts to ensure that release at the earliest opportunity is favoured over detention, that bail conditions are reasonable, relevant to the offence and necessary to ensure public safety, and that sureties are imposed only when less onerous forms of release are inadequate.

So unlike in some U.S. jurisdictions, Canadian courts are still able use their discretion to restrict an accused’s freedom. That’s not to say everyone’s always happy with how Canadian judges choose to use such discretion, but judicial outcomes appear to lie in their hands, rather than with legislation.

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Arguably, C-75 did come with a “soft-on-crime” tone (in particular as the law relates to certain minority communities). But even that was mostly reversed by 2023’s Bill C-48, which introduced reverse onus for repeat offenders and required judges to explicitly consider the safety of the community (whatever that means).

Nevertheless, the system is clearly far from perfect. Besides the occasional high-profile news reports about offenders committing new crimes while awaiting trials for previous offences, the population-level data suggests that our streets are not nearly as safe as they should be.

As far as I can tell, Statistics Canada doesn’t publish numbers on repeat offences committed by offenders free while waiting for trial. But I believe we can get at least part of the way there using two related data points:

  • Conviction rates
  • Repeat offender rates

Between 2019 and 2023, conviction rates across Canada on homicide charges for adults averaged 42 percent, while similar charges against youth offenders resulted in convictions in 65 percent of cases. That means we can safely assume that a significant proportion of accused offenders were, in fact, criminally violent even before reaching trial.

We can use different Statistics Canada data to understand how likely it is that those accused offenders will re-offend while on pre-trial release:

58 percent of individuals sentenced to community supervision (through either conditional sentences or probation) had at least one prior conviction for a violent offence. 68 percent of those given custodial sentences were similarly repeat offenders. In fact, 59 percent of offenders serving custodial sentences had previously been convicted at least 10 times.

Also, in the three years following a term of community supervision, 15.6 percent of offenders were convicted for new violent crimes. For offenders coming out of custodial sentences, that rate was 30.2 percent.

In other words:

  • Many – if not most – people charged with serious crimes turn out to be guilty
  • It’s relatively rare for violent criminals to offend just once.

Together, those two conclusions suggest that public safety would be best served by immediately incarcerating all people charged with violent offences and keeping them “inside” either until they’re declared innocent or their sentences end. That, however, would be impossible. For one thing, we just don’t have space in our prisons to handle the load (or the money to fund it). And it would also often trample on the legitimate civil rights of accused individuals.

This is a serious problem without any obvious pull-the-trigger-and-you’re-done solutions. But here are some possible considerations:

  • Implement improved risk assessment and predictive analytics tools to evaluate the likelihood of re-offending.
  • Improve the reliability of non-custodial measures such as electronic monitoring and house arrest that incorporate real-time tracking and immediate intervention capabilities
  • Improve parole and probation systems to ensure effective monitoring and support for offenders released into the community. (Warning: expensive!)
  • Optimize data analytics to identify trends, allocate resources efficiently, and measure the effectiveness of various interventions.

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Crime

Bondi Beach Survivor Says Cops Prevented Her From Fighting Back Against Terrorists

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From the Daily Caller News Foundation

By Harold Hutchison

A woman who survived the Hanukkah terrorist attack at Bondi Beach in Australia said on Monday that police officers seemed less concerned about stopping the attack than they were about keeping her from fighting back.

A father and son of Pakistani descent opened fire on a Hanukkah celebration Sunday, killing at least 15 people and wounding 40, with one being slain on the scene by police and the other wounded and taken into custody. Vanessa Miller told Erin Molan about being separated from her three-year-old daughter during Monday’s episode of the “Erin Molan Show.”

“I tried to grab one of their guns,” Miller said. “Another one grabbed me and said ‘no.’ These men, these police officers, they know who I am. I hope they are hearing this. You are weak. You could have saved so many more people’s lives. They were just standing there, listening and watching this all happen, holding me back.”

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“Two police officers,” Miller continued. “Where were the others? Not there. Nobody was there.”

New South Wales Minister of Police Yasmin Catley did not immediately respond to a request for comment from the Daily Caller News Foundation about Miller’s comments.

Australian Prime Minister Anthony Albanese vowed to enact further restrictions on guns in response to the attack at Bondi Beach, according to the Associated Press. The new restrictions would include a limit on how many firearms a person could own, more review of gun licenses, limiting the licenses to Australian citizens and “additional use of criminal intelligence” to determine if a license to own a firearm should be granted.

Sajid Akram, 50, and Naveed Akram, 24,  reportedly went to the Philippines, where they received training prior to carrying out the Sunday attack, according to the Australian Broadcasting Corporation. Naveed Akram’s vehicle reportedly had homemade ISIS flags inside it.

Australia passed legislation that required owners of semi-automatic firearms and certain pump-action firearms to surrender them in a mandatory “buyback” following a 1996 mass shooting in Port Arthur, Tasmania, that killed 35 people and wounded 23 others. Despite the legislation, one of the gunmen who carried out the attack appeared to use a pump-action shotgun with an extended magazine.

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Crime

The Uncomfortable Demographics of Islamist Bloodshed—and Why “Islamophobia” Deflection Increases the Threat

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By Ian Bradbury

Addressing realities directly is the only path toward protecting communities, confronting extremism, and preventing further loss of life, Canadian national security expert argues.

After attacks by Islamic extremists, a familiar pattern follows. Debate erupts. Commentary and interviews flood the media. Op-eds, narratives, talking points, and competing interpretations proliferate in the immediate aftermath of bloodshed. The brief interval since the Bondi beach attack is no exception.

Many of these responses condemn the violence and call for solidarity between Muslims and non-Muslims, as well as for broader societal unity. Their core message is commendable, and I support it: extremist violence is horrific, societies must stand united, and communities most commonly targeted by Islamic extremists—Jews, Christians, non-Muslim minorities, and moderate Muslims—deserve to live in safety and be protected.

Yet many of these info-space engagements miss the mark or cater to a narrow audience of wonks. A recurring concern is that, at some point, many of these engagements suggest, infer, or outright insinuate that non-Muslims, or predominantly non-Muslim societies, are somehow expected or obligated to interpret these attacks through an Islamic or Muslim-impact lens. This framing is frequently reinforced by a familiar “not a true Muslim” narrative regarding the perpetrators, alongside warnings about the risks of Islamophobia.

These misaligned expectations collide with a number of uncomfortable but unavoidable truths. Extremist groups such as ISIS, Al-Qaeda, Hamas, Hezbollah, and decentralized attackers with no formal affiliations have repeatedly and explicitly justified their violence through interpretations of Islamic texts and Islamic history. While most Muslims reject these interpretations, it remains equally true that large, dynamic groups of Muslims worldwide do not—and that these groups are well prepared to, and regularly do, use violence to advance their version of Islam.

Islamic extremist movements do not, and did not, emerge in a vacuum. They draw from the broader Islamic context. This fact is observable, persistent, and cannot be wished or washed away, no matter how hard some may try or many may wish otherwise.

Given this reality, it follows that for most non-Muslims—many of whom do not have detailed knowledge of Islam, its internal theological debates, historical divisions, or political evolution—and for a considerable number of Muslims as well, Islamic extremist violence is perceived as connected to Islam as it manifests globally. This perception persists regardless of nuance, disclaimers, or internal distinctions within the faith and among its followers.

THE COST OF DENIAL AND DEFLECTION

Denying or deflecting from these observable connections prevents society from addressing the central issues following an Islamic extremist attack in a Western country: the fatalities and injuries, how the violence is perceived and experienced by surviving victims, how it is experienced and understood by the majority non-Muslim population, how it is interpreted by non-Muslim governments responsible for public safety, and how it is received by allied nations. Worse, refusing to confront these difficult truths—or branding legitimate concerns as Islamophobia—creates a vacuum, one readily filled by extremist voices and adversarial actors eager to poison and pollute the discussion.

Following such attacks, in addition to thinking first of the direct victims, I sympathize with my Muslim family, friends, colleagues, moderate Muslims worldwide, and Muslim victims of Islamic extremism, particularly given that anti-Muslim bigotry is a real problem they face. For Muslim victims of Islamic extremism, that bigotry constitutes a second blow they must endure. Personal sympathy, however, does not translate into an obligation to center Muslim communal concerns when they were not the targets of the attack. Nor does it impose a public obligation or override how societies can, do, or should process and respond to violence directed at them by Islamic extremists.

As it applies to the general public in Western nations, the principle is simple: there should be no expectation that non-Muslims consider Islam, inter-Islamic identity conflicts, internal theological disputes, or the broader impact on the global Muslim community, when responding to attacks carried out by Islamic extremists. That is, unless Muslims were the victims, in which case some consideration is appropriate.

Quite bluntly, non-Muslims are not required to do so and are entitled to reject and push back against any suggestion that they must or should. Pointedly, they are not Muslims, a fact far too many now seem to overlook.

The arguments presented here will be uncomfortable for many and will likely provoke polarizing discussion. Nonetheless, they articulate an important, human-centered position regarding how Islamic extremist attacks in Western nations are commonly interpreted and understood by non-Muslim majority populations.

Non-Muslims are free to give no consideration to Muslim interests at any time, particularly following an Islamic extremist attack against non-Muslims in a non-Muslim country. The sole exception is that governments retain an obligation to ensure the safety and protection of their Muslim citizens, who face real and heightened threats during these periods. This does not suggest that non-Muslims cannot consider Muslim community members; it simply affirms that they are under no obligation to do so.

The impulse for Muslims to distance moderate Muslims and Islam from extremist attacks—such as the targeting of Jews in Australia or foiled Christmas market plots in Poland and Germany—is understandable.

Muslims do so to protect their own interests, the interests of fellow Muslims, and the reputation of Islam itself. Yet this impulse frequently collapses into the “No True Scotsman” fallacy, pointing to peaceful Muslims as the baseline while asserting that the attackers were not “true Muslims.”

Such claims oversimplify the reality of Islam as it manifests globally and fail to address the legitimate political and social consequences that follow Islamic extremist attacks in predominantly non-Muslim Western societies. These deflections frequently produce unintended effects, such as strengthening anti-Muslim extremist sentiments and movements and undermining efforts to diminish them.

The central issue for public discourse after an Islamic extremist attack is not debating whether the perpetrators were “true” or “false” Muslims, nor assessing downstream impacts on Muslim communities—unless they were the targets.

It is a societal effort to understand why radical ideologies continue to emerge from varying—yet often overlapping—interpretations of Islam, how political struggles within the Muslim world contribute to these ideologies, and how non-Muslim-majority Western countries can realistically and effectively confront and mitigate threats related to Islamic extremism before the next attack occurs and more non-Muslim and Muslim lives are lost.

Addressing these realities directly is the only path toward protecting communities, confronting extremism, and preventing further loss of life.

Ian Bradbury, a global security specialist with over 25 years experience, transitioned from Defence and NatSec roles to found Terra Nova Strategic Management (2009) and 1NAEF (2014). A TEDx, UN, NATO, and Parliament speaker, he focuses on terrorism, hybrid warfare, conflict aid, stability operations, and geo-strategy.

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