The biggest problem with the Canadian criminal justice system is the huge gap between those who run the system and society, which ultimately should serve the system.
Too often, judges, prosecutors, politicians, prison administrators and psychologists consider the system as their own to guide and organize according to their theories and ideologies. They forget that they should have courts, prisons, detention centers, juvenile detention facilities, half-way moms and holiday programs on behalf of citizens.
So, it's a good result that Terri-Lynne McClintic has moved to a prison in Edmonton from Saskatchewan's household shed. It shows that the judicial system has immediately followed the Canadian desire to see the notorious killer of the infamous child who is punished more severely.
Of course, McClintic is one of two people convicted of the torture, rape and murder of eight-year-old Tori Stafford in Ontario in spring 2009. McClintic helped Tori go on vacation while leaving home and introduced the little child to a friend of his own, Michael Rafferty, about brutal sexual assaults – a second time over Tori's wrists and screams.
After Rafertie had broken the 16 girls' lines and hit the hammer with a hammer, McClintic helped Rafert dispose of Tori's body beneath the heaps on the farm.
This is not a modilantism or mob rule for people to demand a tougher punishment for McClintic. The Canadians did not burn the torches and went to the Okinawi Ochi Healing House in the southwest of Saskatchewan, pull McClintic out of her room and investigate justice, then and there.
Instead, the Canadians were outraged by decent institutions – in this case the federal liberal government – long enough and loud enough that the government had to change both the McClintic affair and the question of the transfer of healing and surrender in general.
Subsequently, prisoners will not be entitled to benefits for curative applications until they are in the phase of their "preparatory release" phase. As for McClintic, which is only nine years from the 25-year minimum judgment, the preparatory phase is still over a decade.
In addition, the Canadian Officer-in-Charge Commissioner for Women will have to take part in all decisions on the filing of healing cases to ensure that the rules are consistently applied throughout the country.
This is a good answer. And it acknowledges that a balance is struck between experts run by the judiciary, the violation of which is ultimately tolerated, and the right of the public to expect justice.
Even PM itself seems to have acknowledged this outcome – finally. On Thursday, during the questioning period, he said that McClintic is returning to a real prison, and the new rules on surrender "will help to ensure responsibility of the perpetrator, promoting rehabilitation so that we can get fewer re-offenders, less victimized, and ultimately safer communities".
This is the balance between the high punishment and the sympathy of each boy and the good boy.
However, one has yet to see whether the liberals are serious about restoring this balance. Are they just trying to calm down the issue that they could pay for the vote next year's federal elections, but quietly intending to leave a gap between the system and society, as it is?
The words of Trudeau and his government's new policy contradict the earlier statements. Trudeau concluded that conservative criticism of the McClintic movement was about the provision of "emergency medical care" and that the government could not violate the independence of the correction service.
This thinking is part of the problem: the notion that the independence of the correction system is as fraudulent as the independence of the courts. It's not. Never been
This is precisely the kind of thinking that disconnects the judicial system from the society (and Parliament) for which it is intended. And if liberals can not change their way of thinking elitist, their reforms will be meaningless.