OTTAWA - The federal Conservatives will launch a flurry of law-and-order anti-crime legislation next week to crack down on illegal drug use, identity theft and young offenders.
One piece of legislation would see people accused of identity theft charged even before they use stolen information to commit a crime.
Under the Criminal Code, it's against the law to use someone else's identity to commit a crime.
Justice Minister Rob Nicholson wants to change the law so people can be charged for possessing someone else's identifying information even before that information is used to commit identity fraud.
The only way such legislation would stand up to a court challenge would be if the government made it illegal to conspire to commit an offence, said NDP justice critic Joe Comartin.
"It's difficult to see that they could draft (the legislation) where it would survive . . . a constitutional challenge,'' said Comartin.
"We know that we have to do more to both prevent and prosecute identity theft,'' he said.
"But a blanket prohibition in terms of possession is really, really hard to see that it would survive.''
It's estimated that identity fraud costs the Canadian economy $2 billion annually, as criminals use the identity of others to make fake debit and credit cards and steal everything from government benefits to real estate.
The Tories are also expected to introduce a bill to toughen penalties for youth crime and give police greater powers to detain alleged young offenders.
Critics expect the legislation would see youths accused of serious or violent offences, as well as repeat offenders, automatically transferred to adult court.
That flies in the face of recent court decisions making clear that judges would prefer to see young offenders treated differently from adults in all but the most heinous situations.
But Nicholson has indicated he wants to press ahead with reforms that would see youths facing the same justice as adults in cases involving violence.
"Our youth criminal justice system must effectively hold young offenders accountable for serious crimes with meaningful consequences,'' Nicholson said in a speech last month in Halifax.
The Conservative government wants to instill within young people "a sense of responsibility for their delinquent or criminal behaviour, and give them better opportunities for rehabilitation so that they do not re-offend,'' said Nicholson.
The minister also indicated the legislation will make it more difficult for youths accused of crimes to get out on bail and toughen sentences for youth gun crimes and auto thefts.
A wide-ranging inquiry into youth crime conducted in Nova Scotia by retired Justice Merlin Nunn called for changes to the Youth Criminal Justice Act that would make it easier for judges to detain violent, repeat offenders.
But Nunn's final report in Dec. 2006 also called on governments to provide rehabilitation services to accused young offenders as they await trial.
"If (Nicholson's) bill does not include amendments that would implement . . . the recommendations (of the Nunn report), then he's not doing Canadians a favour,'' said Liberal critic Marlene Jennings.
The Harper government also plans changes to the Controlled Drugs and Substances Act to impose minimum sentences for drug possession and trafficking.
Critics warn such a move will result in more prison overcrowding with little impact on the drug crime rate.
"Most police officers who I talk to . . . that's not what they're asking for,'' said Jennings.
"What they are asking for is a harm reduction policy,'' she said.
"They are asking for more money for drug treatment for people who have substance abuse problems.''
