Law Times

PAGE 2 NEWS NOVEMBER 21, 2011 • LAW TIMES Nicholson responds to omnibus critics BY KENDYL SEBESTA Law Times off enders like recreational mari- juana users, federal Justice Min- ister Rob Nicholson defended his omnibus crime bill before lawyers in Toronto last week. "Th e major part of it, and R there are two major parts of it, deals with the subject of drug traffi cking — not drug posses- sion, not the individual who has unfortunately become addicted, not somebody experimenting on a Saturday night," Nicholson told members of the County & Dis- trict Law Presidents' Association in Toronto for its annual plenary dinner on Wednesday. "I appreci- ate all my critics who will say that he's going after six guys that have got six plants in the kitchen, but esponding to critics who say he's needlessly crack- ing down on low-level we're not going after the guy with six plants in the kitchen. We're going after the people who are in the grow-op business for the pur- poses of traffi cking." Despite concerns from the legal community that the pro- posed bill C-10 is too stringent, Nicholson said the legislation sends the right message. "We send out a very clear message to the people who try to bring il- legal drugs into Canada . . . and I think if you look at the pro- visions of the act, we send the correct message: if you're in the business and part of organized crime that brings drugs into Canada, you're going to be fac- ing jail time." Nicholson also addressed concerns about the new law's implications for judicial discre- tion and the expansion of man- datory minimum sentences, something he said falls within rules with respect to self defence in 172 years, so it's probably due for an overhaul," Nicholson said in his speech to CDLPA mem- bers. "So what you will see when you see the bill introduced to the House of Commons is it will clarify, and I think simplify for everyone, in terms of what their responsibilities are and their ability to protect themselves and their property." In terms of elder abuse, Nich- 'We're going after the people who are in the grow-op business for the purposes of trafficking,' says Rob Nicholson the government's responsibility as legislators. "It's our job. We provide that guidance. We don't decide whether or not an indi- vidual is innocent or guilty but we give them parameters." At the same time, Nicholson touted several additional chang- es in the works, including an overhaul of the rules for citizens' arrests and a new commitment to addressing elder abuse. "Th ere hasn't been great change to citizens' arrests and the olson noted it's a topic that has come up regularly. "On a regular basis, you can expect that we will be making changes to it with re- spect to elder abuse. But we have a very busy legislative agenda and we'll be in a position now over the next number of years to be able to introduce these things with . . . greater certainty as to whether they will be passed, and again I'm very proud to be a part of that." THE ESSENTIAL COURTROOM REFERENCE FOR ONTARIO CIVIL LITIGATORS NEW EDITION ONTARIO CIVIL PRACTICE 2012 GARRY D. WATSON, Q.C. AND MICHAEL McGOWAN Count on this complete courtroom reference for insight and instruction. Ontario Civil Practice 2012 features expert commentary on how the rules of civil procedure are interpreted and applied in specific situations. The latest edition of this two-volume reference set includes more than 8000 case annotations. You also get Professor Watson's indispensible Annual Survey of Recent Developments in Civil Litigation and the full text of the Rules of Civil Procedure, the Courts of Justice Act and related legislation, practice directions, and case management rules and annotations. 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