COLUMN: On Parliament Hill – Is seven years for mischief justice?

A Toronto Star article references how an open letter by the Ontario Crown Attorney’s Association is, in fact, chastising politicians who have posted criticism about what appears as a disproportionate sentence being pursued for the freedom convoy case.

The questions posted are directed not only at the people working within the system, but also largely about the policy. The questions are about a system that has resulted from bad policy. When the average Canadian watches headlines that show people being released after having committed heinous crimes, while that same system allows for the pursuance of seven years imprisonment for a peaceful protestor, it raises questions. Regardless of what one might think of the freedom convoy or the prosecution of some of the organizers, bad policy of the last decade is creating havoc.

A quick survey of news headlines from the last few weeks demonstrates my point. How is organizing a peaceful protest compared to some of these crimes below?

Take Oumaima Chouay, who left Canada from her family home at 18 to join ISIS. Rupa Subramanya of the Free Press reported her as the first person in Canada to be convicted for providing family support to a terrorist. When Chouay left Canada, she married into the terrorist group ISIS and had two children while in Syria. She then returned to her family home in Canada. Because she “demonstrated remorse,” she was sentenced to one day in custody—this being in addition to the 110 days she had already served. That’s it.

A father was convicted for sexually assaulting his infant daughter and recording it on his cell phone. For sexual assault, possession of child pornography and sexual interference with a minor, prosecutors wanted five to six years.

In 2021, 18-month Gabriel Sinclair-Pasqua’s parents watched their scalded, suffering baby die before them, neglecting to get any medical help while exchanging texts about Gabriel being their “paycheque”. The Crown pursued an eight-year jail term.

56-year-old Prakash Lekhraj was convicted of sexual assault and the production of child pornography for taking pictures of himself raping a teenage girl. He posted the shots in a group online and said in his testimony that “he never needs to seek the consent of a female to have sexual relations with her.” The judge gave him three years and three months.

You may have read this past week about 41-year-old Waisuddin Akbari, who, after intending to bomb Toronto synagogues, was ordered to stay at home in house arrest with three years of probation. His reason for wanting to plant the bomb, “to kill as many Jews as possible”.

Every story raises more questions.

Some related issues are insane. For example, we hear of almost 600 foreign nationals with criminal records missing. While they are scheduled to be deported, no one can find them. This according to Canadian Border Services (CBSA).

But it is the number of repeat offenders that causes us alarm. There are a steady number of people on bail who keep showing up in our headlines after committing new crimes. You may remember Conservatives talking about how in Vancouver, the same 40 individuals were arrested 6,000 times over the course of a single year. Another case is Mdehani Yohans, a high-risk Guelph offender, considered a poster boy for catch and release, has been released, again and again after reoffending. The Toronto Sun reported “within just 24 hours of Yohan’s release, he was charged with four counts of breach of probation, disobeying a court order and criminal harassment.” Just last week, a 20-year-old Brampton man, who court records reveal was on bail, was responsible for a retail shooting. Closer to home, a Manitoba hotel owner accused of human trafficking, following an RCMP inquiry into alleged trafficking, was granted bail. We hear these stories as everyday news.

Conservatives call this “catch and release” because it describes the repeated practice happening across our country. People are arrested and then released hours later.

Reckless policies have brought us here. Liberal bills C-5 and C-75 are responsible.

When Conservative leader Pierre Poilievre posted a question about what these two bills have created, it is a valid question. These bills need to be fixed. Here’s the question he asked on X:

“Let’s get this straight: while rampant violent offenders are released hours after their most recent charges and antisemitic rioters vandalize businesses, terrorize daycare centres and block traffic without consequences, the Crown wants seven years prison time for a charge of mischief for both Tamara Lich and Chris Barber. How is this justice?”

The freedom protest in the end was just another peaceful protest—annoying, loud and inconvenient to some for sure—but still peaceful. We did not hear of violent stories during the convoy. Tamara Lich became a spokesperson for a very organic initiative resulting from over-reaching government restrictions and illegal mandates during COVID-19. She was a proud Canadian, willing to take a public stand against government misinformation and disregard for Canadian freedoms. Now she is being charged with mischief.

For that, common sense should prevail. Seven years in jail for a peaceful protest is not common-sense.