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Criminals Could Walk Free Under Labor’S ‘Bill Of Rights’Given the Bracks Labor Government’s mismanagement of Victoria’s criminal justice system and with imminent enactment of Labor’s Charter of Human Rights and Responsibilities criminals may be able walk free under Labor. By Andrew McIntosh - 5th June 2006 - Back to News State Budget figures released this week forecast that Victorian courts will not have the resources needed to complete many criminal matters inside 12 months.
In 2006-07 Victoria’s main trial court, the County Court, is forecasting its criminal case completion rate inside 12 months to be 8% below the level it was in 2004-05.
Victorian lawyers will tell you anecdote after anecdote that those charged with serious criminal offences will not get a trial date less than 12months from the criminal mention hearing.
These long delays are extremely concerning given Labor’s new Charter of Human Rights and Responsibilities that the Bracks Labor Government is going to impose on Victorians.
Section 25(2)(c) of Labor’s Charter of Human Rights and Responsibilities states that a person charged with a criminal offence is entitled "to be tried without unreasonable delay"
This provision mirrors that of the Canadian Charter of Rights and Freedoms, Section 11b, which states that any person charger with an offence has the right "to be tried within a reasonable time".
Under the Labor’s Charter of Human Rights and Responsibilities all past, present and future laws must be interpreted in the light of human rights. This includes consideration of international cases including those from Canada.
In Canadian case of R v Askov (1990) a group of suspects charged with conspiracy to commit extortion used the Canadian Charter of Rights and Freedoms to avoid conviction because they successfully argued that their human rights had been infringed because of a 23 month court delay.
The Canadian Supreme Court stated that delay "in the range of some 6-8months between committal and trial might be deemed to be the outside limit of what is reasonable"
As a result of the Askov decision 43,640 chargers were stayed, dismissed or withdrawn in Ontario alone. Charges dropped included manslaughter, assault with a weapon, assault police, sexual assault and 11,000 charges of drunk driving. *Dr Rainer Knopff and Ted Morton, University of Calgary
The Canadian Charter of Rights experience may open the door for criminals, especially given the excessive delays in Victorian courts, to use Labor’s Charter of Human Rights and Responsibilities to escape punishment.
All Victorians are entitled to be concerned with Labor’s handling of its Charter of Human Rights and Responsibilities which will be a threat to community safety. Victorian’s must be allowed to exercise their democratic right to vote in a referendum on whether or not the Charter is passed into law.
If Labor passes its Charter without broad community support it will dangerous and divisive. It is regrettable that Labor is determined to impose its political correctness agenda on Victorians without letting Victorians have their say.
The Charter of Human Rights and Responsibilities is a matter for all Victorians not just the elitists in the Parliamentary Labor Party.
Source: http://gippsland.com/ Published by: news@gippsland.com
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