Do You Commit 3 Crimes a Day?
In June of 2011, a popular book came out with the title insinuating that the average person commits three felonies a day. It was written by Harvey Silverglate a Boston lawyer. In full disclosure, I have not read the book. I have, however, done some research regarding this topic.
The book involves the United States and lawyers – need I say more? (Before all you lawyers out there get too up in arms, I had designs on becoming a lawyer once upon a time, but alas once I’d received my undergraduate degree, I was tired of school and out of funds. I have however taken something like half a dozen university law classes in Canada and the US.)
The complete title of the book is Three Felonies a Day: How the Feds Target the Innocent. From the description on Amazon “In Three Felonies a Day, Harvey A. Silverglate reveals how federal criminal laws have become dangerously disconnected from the English common law tradition and how prosecutors can pin arguable federal crimes on any one of us, for even the most seemingly innocuous behavior.” This implies that if “they” want to get you they can.
If one takes longer timelines into account, and if the 3 felonies per day were true, that would equate to 21 felonies/week, 90/month and over a thousand per year. Nobody would be walking the streets!
That, however, is the United States, the most incarcerated nation in the world with a rate of 639 incarcerations per 100,000. Here in Canada, we rank number 143rd with 104 incarcerations per 100,000 (according to Wikipedia). The World Atlas website lists Canada at 88 incarcerations per 100,000. Alberta comes in at 112 above the national average but five provinces or territories have higher numbers.
The topic of the book is “Felonies”. It does not pertain to driving around with a broken tail light which will get you a ticket, but not a criminal record. Traffic violations, strictly interpreted, are a whole other matter and I suspect three traffic violations per day is a “maybe” for some people (most people?). From the comments of people who have read the book, which 3 crimes, or categories of crimes, people supposedly commit, Silverglate never identified them. It wasn’t the book’s purpose.
Felonies/Canadian Criminal Code violations are serious offenses not misdemeanors. From the Government of Canada website, “The Criminal Code is a federal law that includes definitions of most of the criminal offences that the Parliament of Canada has enacted. The Criminal Code includes a wide range of crimes, such as murder, assault, theft and fraud. There are other federal laws that also contain criminal law but do not form part of the Criminal Code, such as the Firearms Act, the Controlled Drugs and Substances Act, and the Youth Criminal Justice Act.” Rural property crime can fall under the Canadian Criminal Code.
What exactly is in the Criminal Code? “The Criminal Code
- Defines the conduct that constitutes criminal offences;
- Includes rules that set out how people can be guilty of crimes if they help or encourage others to commit crimes, and rules for how corporations and other organizations can be found guilty of crimes;
- Sets out defences that a person can raise if they are charged;
- Establishes the kind and degree of punishment that may be imposed on someone convicted of an offence; and
- Describes the powers and procedures to be followed for investigation and prosecution of an offence.”
More from the Government of Canada website: “Criminal law exists to help maintain public safety, security, peace and order in society. In Canada, the responsibility for criminal justice is shared between the federal government and the provincial and territorial governments.
Canada’s constitution gives the federal Parliament the power to make criminal laws and as a result, criminal law applies across the country.
The provinces and territories are primarily responsible for enforcing the criminal law. This includes investigating and prosecuting most offences, and providing services and assistance to victims of crime.”
Given the above, it is highly unlikely you, as an average citizen in Canada, are committing three felonies/crimes a day. As far as traffic violations go, well…
Dave Schroeder
HCRCWA Board Member
