Whitmore case highlights justice system flaws

VICTORIA - It's time for answers about how pedophile Peter Whitmore was able to roam so freely around Canada even though authorities were convinced he was a threat to children.
The notion that we can reduce crime problems by locking more people up for longer periods is generally foolish. Other countries have tried that approach and found it to be a costly failure. Tough talk on crime has more to do with politics than pragmatism.
But Whitmore and a small number of others like him - apparently incorrigible sex offenders who target children - pose a special challenge for courts, police and society. His case suggests the response is inadequate.
Whitmore surrendered to police in Saskatchewan and now faces sexual assault and abduction charges.
But his record goes back to 1993, when he was convicted of abducting and sexually assaulting four young boys. He served 16 months in jail, a relatively light sentence that likely reflected the court's view that he could change his behaviour.
He didn't. Nine days after he was set free Whitmore abducted an eight-year-old girl and sexually assaulted her. He was sentenced to four years in jail. Released under a set of conditions, he fled to Mexico and was eventually returned to jail.
When he was released once more Whitmore spoke to reporters and pleaded to be left alone. He wouldn't re-offend, he said. One more conviction could mean dangerous offender status and life in jail.
Weeks later he was found in a hotel room with a 13-year-old boy and sent back to prison for a year.
Released again, Whitmore was found with a five-year-old boy, carrying what police described as a "rape kit" -- tape, plastic ties, latex gloves and lubricant.
It should have been clear that Whitmore was a risk to children. Even knowing he faced life in jail, he was unable to stop.
But the criminal justice system was unable to respond to the danger effectively with sentences that protected society or effective supervision.
One solution is supposed to be dangerous offender designation, a rarely used but important provision that allows judges to jail offenders permanently if they appear certain to commit more crimes.
But Whitmore didn't qualify. He was repeatedly jailed for violating the conditions of his release, not for serious offences that would have allowed the Crown to apply for dangerous offender status.
Perhaps the Crown should have been more diligent in laying additional charges. Perhaps the legislation needs to be changed to allow dangerous offender status for people with offence patterns like Whitmore's. Something needs to change.
The case raises other serious issues.
When Whitmore was released in B.C. last year he was the subject of a Section 810 order, an extraordinary measure that allows police to keep close tabs on an offender released after serving his full sentence. He can be required to report daily to police, for example, and notify them of all his movements.
But, so far inexpilicaly, the order was allowed to lapse this June. Whitmore left for Alberta immediately. Police and Crown prosecutors there were in the process of applying for a new order, but were moving slowly. Whitmore, freed from tight supervision, took off across the country on his own. You have read the rest.
The failure has nothing to do with gaps in the law or a need for tougher legislation.
All police and prosecutors had to do was make sure the order was renewed before it expired on June 12 so that Whitmore remained under close supervision. (That had apparently worked for a year.)
They didn't do that, despite warnings from the parole board that he was virtually certain to re-offend.
Pedophile offenders pose a huge challenge to the justice system. Treatment is difficult and many remain a high risk to commit new assaults.
Whitmore's case suggests the system did not meet the challenge, in large part because it failed to make effective use of the existing laws.
Footnote: The case also highlights the need for the changes to age-of-consent legislation, promised by the Conservatives for this fall. Whitmore is accused of sexually assaulting a 14-year-old boy travelling with him. Under the current law, his defence options include arguing that the boy was a consenting sex partner.