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Our declining faith in the justice system

A new Angus Reid poll contains a message for our justice system, if read carefully. When B.C. residents were asked if crime rates in their communities had risen over the past five years, the majority replied yes.
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Provincial Court of British Columbia on Burdett Avenue: Only 28 per cent of B.C. residents have confidence in our provincial court system — the lowest score of any province, Lawrie McFarlane writes.

A new Angus Reid poll contains a message for our justice system, if read carefully. When B.C. residents were asked if crime rates in their communities had risen over the past five years, the majority replied yes. Only five per cent thought rates are down.

Technically speaking, the majority is correct. Minor offences have risen slightly, and since they’re the most common infraction, that drove the overall total up.

Yet most categories of crime are down. Violent offences dropped 15 per cent.

Take a longer time frame, and the picture is even more striking. Nationwide, crime rates peaked in 1990 at just over 10,000 per 100,000 population. By 2016, the incidence rate had fallen nearly 50 per cent.

So are our concerns unwarranted? Not necessarily. What the poll doesn’t mention is that law-enforcement data show the vast majority of “minor” crimes are never solved. In B.C., only 13.5 per cent are successfully cleared.

Moreover, it’s generally believed the actual number of these incidents is far higher than the figures reported. Many victims, realizing that the thief is unlikely to be caught, don’t bother calling the police.

But that doesn’t mean no harm was done. While our justice system treats minor offences as relatively trivial, that’s not how we experience them.

A home break-in might net only a few items of value, yet it traumatizes the victim. A stolen wedding ring can cause more heartbreak than a physical attack.

In other words, what British Columbians are reporting is a heightened sense of insecurity. The issue isn’t the absolute incidence of crime, but the extent to which we feel protected. A 13.5 per cent clearance rate isn’t much protection.

Here, we come to the second poll finding. Only 28 per cent of B.C. residents have confidence in our provincial court system — the lowest score of any province.

And nearly two-thirds of Canadians say our courts are overly lenient in their sentencing. Only four per cent believe they are too harsh.

These numbers also have to be read carefully. Yes, our provincial court system is a mess.

Lengthy trial delays, chronic congestion, the ridiculous spectacle of hearings being placed on hold because a sheriff’s officer couldn’t be found to bring the accused to court, have damaged public confidence.

Yet it would be a mistake to blame this entirely on our judiciary. Resources are visibly inadequate. And sentencing policies are set by the Supreme Court of Canada, not local judges.

Nevertheless, behind these numbers a dangerous reality glimmers through. Regardless of where the fault lies, British Columbians have lost faith in the provincial court system. That demands our attention, whatever the reasons might be.

In short, while poll results suffer the many failings we’ve come to recognize, read properly, they still have value. Indeed, they are often the only measure of our confidence in major public services, the justice system among them.

A political party that put such findings down to ignorance or lack of information would pay for it at the next election.

If we look carefully at the Angus Reid data, two messages stand out. Our law-enforcement agencies have to pay more attention to minor offences.

I realize that staff time is limited. But it’s the underlying mindset that needs attention. Burglaries and break-ins are not a trivial matter to those victimized.

We need to know that someone out there is listening. A 13.5 per cent clearance rate doesn’t build trust.

As for our courts, there is some heavy lifting ahead, for officials in the Attorney General’s Ministry and provincial court judges.

As things stand, we lack confidence that our courts can dispense justice in a timely manner. And a gap has opened between sentencing policy and traditional values. Some serious rethinking is needed.