View From the Legislature

Emotional outrage isn’t always justifiable. In the case of the recent sentencing of convicted sex offender Graham James, however, it certainly is.

From the beginning, the James case has captured the attention of Canadians not simply because of the high profile names involved and the horrific crimes committed, but because it has demonstrated many of the weaknesses in our legal system.

Following his release from jail after his first conviction, James applied for and received a pardon for his crimes. The public response to this was loud and clear and after it was learned that the granting of pardons was almost a routine matter, the federal Conservative government made sure that changes were quick in coming.

The most recent two year sentence for assaulting two other hockey players in his care has been widely seen as not fitting of the crime. It certainly isn’t fitting. The crimes that Mr. James committed have haunted and impacted his victims for their entire lives. Children are the least able to protect themselves from those who wish to harm them. They lack the physical strength to defend themselves and they often do not speak out for fear of reprisal. It is incumbent upon society through its laws and citizens to protect them and the Graham James sentence does not do that.

The first step is for the provincial government to appeal the decision in an attempt to have a suitable sentence imposed on Mr. James. The federal government has already taken a number of steps to increase the punishment for sex offenders and no doubt the James decision will result in further review of what more can be done.

And one thing that is certain is that more needs to be done. The Graham James case has already resulted in many changes to toughen the law against child offenders and hopefully it will result in more changes. That would make the outrage Canadians have expressed even more justifiable.