On Criminal Law, John Rustad and the BC Conservatives Don’t Know What They’re Talking About

John Rustad and the BC Conservatives released an agenda that is filled with promises they can’t deliver, misleading rhetoric, and a fundamental misunderstanding of how criminal law and justice work in British Columbia. Their latest announcement, which speaks to public safety and criminal justice, reveals how out of touch they are with the realities of governance, the law, and even basic facts about how policing works in this province.

1. Mandatory Minimum Sentences: A Federal Issue

One of the cornerstone promises in Rustad’s agenda is to “fight for mandatory minimum sentences for violent offenders.” Here’s the problem: mandatory minimums are part of the federal Criminal Code, which is entirely out of provincial jurisdiction. Provincial governments do not get to decide sentencing laws. Moreover, the Supreme Court of Canada has ruled on numerous occasions that many mandatory minimums are unconstitutional under Section 12 of the Charter of Rights and Freedoms, which protects against cruel and unusual punishment. So Rustad is either woefully ignorant of how federal law works or deliberately misleading British Columbians into thinking he can actually make these changes. The province cannot impose mandatory minimums, and this kind of rhetoric is nothing but smoke and mirrors.

2. The Myth of “Catch-and-Release” Justice

Rustad’s misleading rhetoric on crime continues with his claims about the so-called “catch-and-release” system of bail. He blames the NDP for being “soft on crime,” suggesting that violent offenders are walking free due to provincial policies. This completely ignores the fact that bail decisions are governed by federal law and Charter rights—specifically, the right to reasonable bail under Section 11(e) of the Charter.

Moreover, Rustad fails to acknowledge that violent crime is actually down, both in BC and across Canada. His announcement stokes fear, creating a false narrative that crime is out of control. This is not just misleading, but irresponsible. Leaders who misrepresent facts for political gain do a disservice to the electorate and raise serious questions about their trustworthiness.

3. Hiring More Police Officers: A Misleading Promise

Rustad promises to hire more front-line officers to restore public safety. This is another area where he shows a profound lack of understanding. The province does not employ police officers. Policing in British Columbia is provided by municipal police forces and the RCMP, both of which are governed by municipal, federal, or contracted agreements—not provincial hiring.

In reality, the province can provide funding for additional officers, but it cannot “hire” police officers itself. Further complicating the issue is the fact that we are facing a police and sheriff shortage due to pandemic-related retirements and deaths. Police forces across BC are actively attempting to recruit. In a time of low unemployment, fewer people are choosing careers in law enforcement, and Rustad’s simplistic promise to increase numbers ignores these broader labor market challenges.

4. A One-Week Trial? Legally Impossible and Unconstitutional

One of the more absurd proposals from Rustad and the BC Conservatives is their idea to create a statutory court where small criminal cases are tried within a week of arrest. This is completely unrealistic, both legally and practically.

Police investigations take time—proper evidence gathering and due diligence are crucial to ensuring justice. There are also disclosure requirements to provide the defence with all the evidence, and Charter arguments must comply with proper notice timelines. A trial in one week would almost certainly violate Section 7 of the Charter, which protects individuals’ right to life, liberty, and security of the person. Speeding up the judicial process in this way would result in wrongful convictions and botched trials. Simply put, it will never happen because it cannot happen in law.

5. Courts Are Not Entertainment

Another one of Rustad’s ill-conceived ideas is to make audio recordings of all court proceedings available online, under the guise of transparency. While transparency in the justice system is important, this proposal risks turning our courts into a spectacle.

Trials are not entertainment. The courts already operate under principles of open justice, meaning that most proceedings are open to the public. But there are important privacy considerations, particularly for victims and witnesses, who may be reluctant to testify if they know their words will be broadcast online. Rustad’s idea would not only violate their privacy, but it could also undermine the integrity of the justice system. Courts should be focused on justice, not on providing fodder for online entertainment.

6. Forced Drug Rehab in Jails: Likely Unconstitutional

Rustad also touches on addiction, suggesting that the BC Conservatives will reverse drug decriminalization and take a more hardline approach. But David Eby’s own proposal for forced drug rehab in jails also raises significant constitutional concerns.

Involuntary treatment of individuals, especially in the criminal justice system, is likely to violate Section 7 of the Charter, which guarantees life, liberty, and security of the person. Forced rehabilitation without consent or due process is a serious overreach of government power, and it is unlikely to withstand a constitutional challenge.

7. Organized Crime: Not Just an International Issue

Finally, Rustad’s proposal to crack down on fentanyl distribution and organized crime by targeting international borders is another example of his incomplete understanding of the issue. While international drug smuggling is certainly a problem, organized crime networks don’t only operate across borders. Drugs can come from other provinces—such as Alberta, Ontario, or Saskatchewan—just as easily as from abroad.

Solving the problem requires federal cooperation with agencies like the RCMP, the Canada Border Services Agency, and municipal forces. Rustad’s focus on international borders is a distraction from the broader reality of how drug trafficking works in Canada.

Conservatives Making Stupid Promises They Can’t Deliver

John Rustad and the BC Conservatives are making promises they cannot deliver, and even worse, they are misleading British Columbians about how the justice system works. Rustad’s crime agenda is filled with unrealistic, unconstitutional, and uninformed ideas that would do more harm than good. It’s clear that the BC Conservatives have no real plan for improving public safety—just a collection of fear-mongering promises designed to win votes at the expense of the truth.

For Rustad and modern Conservatives, there is an alarming mixture of dishonesty and ignorance of the system. They exploit the general lack of understanding of the justice system using misleading rhetoric that fundamentally undermines confidence in our democracy and that, in itself, should be disqualifying in my view.