Pierre Poilievre plays politics with Paul Bernardo

With a double-digit lead in the polls and projections of a massive (and possibly historic) majority in the next election, the Conservative Party of Canada ought to be acting more like a government-in-waiting. Instead, its leaders are still acting as if they are auditioning for the role of Canada’s official — and obnoxious — Opposition by politicizing every available issue for partisan advantage. Its latest foray into rage-farming around the treatment of two high-profile murderers scrapes the bottom of a barrel that was already thoroughly explored.

First, the facts. Conservatives have tried to pretend the transfers of Paul Bernardo and Luka Magnotta to medium-security institutions were a direct result of changes made by the Liberal government under Bill C-83, which attempted to address concerns expressed by Canada’s courts over the use of solitary confinement and other highly restrictive forms of incarceration. In particular, they’ve suggested the insertion of language directing the Correctional Service of Canada to use the “least restrictive measures” (as opposed to “most appropriate or necessary”) was responsible for Bernardo and Magnotta leaving maximum security institutions. In reality, as Public Safety spokesperson Magali Deussing said last July, “a transfer would have also occurred under the previous language of ‘necessary’ restrictions.”

But that hasn’t slowed their efforts here in the least. Last month, Conservative justice critic Frank Caputo visited the institution where Bernardo is being held, and supposedly even entered his cell. He then complained that the inmates had access to a “beautiful gym,” a tennis court and a hockey rink where they could play pickup. Never mind, for the moment, that said rink hasn’t been in use for years, and its existence long predates the current government’s time in office. “Canada’s most horrific murderers are living better than most Canadians,” Caputo tweeted.

When reporters checked a few of Caputo’s facts, his party flew into a predictable outrage. “The lying Canadian Press is yet again carrying water for Justin Trudeau & his incompetent Liberal government,” Sebastian Skamski, Pierre Poilievre’s press secretary, wrote on social media. “Trudeau wants you to forget that HE changed the law to allow the most sadistic child rapists & serial killers to enjoy life with luxuries you don't have. Shame on @CTVNews, @CBCNews, @CityNewsTO, & @globeandmail for running this garbage.”

This is obvious nonsense, not least because medium-security prisons are still, you know, prisons. The presence of basic amenities, which exist as much to protect the staff working there as the inmates, does not mean they’re “living better than most Canadians.” It means we understand all these people, with a few notable exceptions, are eventually getting out of prison. As such, we’d do well to maximize their odds of being able to successfully reintegrate into society. As the Globe and Mail’s Tony Keller wrote, “Nearly every person behind bars in Canada is going to get out eventually. These are your future neighbours. I’d happily devote a lot more of my tax dollars to trying to help them become good neighbours, or at least less dangerous ones.”

The entire “tough on crime” approach is more about feelings than facts. Benjamin Perrin, once Stephen Harper’s lead criminal justice adviser, suggests it ought to be rebranded as “stupid on crime” given that it actually tends to increase recidivism and the costs associated with the administration of justice. “These reactionary policies are based on fear, and not any evidence they will actually work. Even worse, these ‘tough on crime’ measures have been shown to be costly, ineffective and deadly.”

If we’re actually looking for a way to make our communities safer, he says, we’d do well to look at the examples being set in smarter jurisdictions. “Since abandoning a punitive approach in favour of one of rehabilitation, Norway achieved a significant drop in recidivism rates from between 60 per cent [and] 70 per cent to just 20 per cent.”

But, of course, that’s not really what Conservatives like Poilievre and Caputo are looking for. Instead, as with most issues these days, they’re looking to keep their base of supporters angry and motivated. None of this is to suggest that Bernardo or Magnotta are deserving of our mercy, but keeping them locked up in maximum security prisons and denied access to things like recreational opportunities or basic nutrition isn’t going to undo their horrific crimes. As the Toronto Star’s Bruce Arthur wrote, “You can reasonably argue Bernardo should be in a maximum-security prison, with fewer amenities and less relative freedom. You just can’t argue it makes anyone any safer.”

As the increasingly inevitable government-in-waiting, the Conservatives should focus more on addressing people’s fears and frustrations than finding new ways to feed them. Perhaps as the CPC’s justice critic, Caputo could talk to Washington Gov. Jay Inslee about his own visits to Norway’s prisons and learn a bit about how they do things there.

Then again, that assumes Caputo and his party are actually more interested in solutions than slogans. With a leader who sees everything through the prism of partisan politics and seems far happier inflaming tensions than soothing them, any nuanced conversations about how best to keep Canadians safe will have to wait. If the polls are any indication, it might be a long one.