Law Times

Law times • OctOber 26, 2009 NEWS Crime bills provoke unlikely co-operation BY TIM NAUMETZ For Law Times OTTAWA – An unlikely al- liance of Crown and defence lawyers has shaped up in the confi nes of Canada's Senate. Th e two sides have shed their robes as courtroom foes to share witness space at the Senate legal and constitutional aff airs com- mittee and point out what they say will be the downsides of the government's proposed crime laws, including bill C-15 that will set mandatory minimum sentences for drug crimes. "Bill C-15 will signifi cantly increase the trial rates with re- spect to these particular charg- es, reduce the guilty pleas, and equate into higher workload, which must be supported by the resources," says Jamie Chaff e, president of the Canadian Asso- ciation of Crown Counsel. "If it is not supported by the resources, then these prosecu- tions will come at the expense of other prosecutions of other criminal off ences. When we're talking about adding criminal justice resources, we're talking about the infrastructure, which includes Crowns, legal aid fund- ing, probation, parole, and cor- rections, as well as the judiciary." Besides concerns over the drug law, lawyers have also been expressing their views on Bill C-25, which amends the Criminal Code to limit credit for time spent in custody be- fore sentencing to one day for each day in remand, down from the Supreme Court of Canada benchmark of two days' credit for each day of pre-sentence custody. Only in circumstances that "justify it" could a judge award more credit to a maxi- mum of 11 /2 days for each day in remand. A string of witnesses lined up to question the new limits, cit- ing deplorable and overcrowded conditions at most provincial remand centres as well as the unfair result the change could have on some inmates since pre-sentencing dead time is not credited for parole purposes. Despite the criticism, all or most of the crime legislation the government is advancing will likely pass through the Senate. Liberal Leader Michael Ig- natieff has been under relentless pressure from Justice Minister Rob Nicholson and Prime Min- ister Stephen Harper, both of whom regularly accuse him and his party of being "soft on crime." To blunt the attack, Ignatieff last week ordered his Senate lead- ership to ensure enough Liberal senators were absent for a vote on the C-25 amendments to al- low the Tories to defeat them, a Liberal source says. Th e Liberal changes would have set credit for pre-sentence custody at 11 /2 days for each day served with a maximum of two days under justifying cir- cumstances. But they went down to de- feat in a little-noticed vote last Tuesday, and the Liberals al- lowed the bill to pass through to royal assent by Th ursday. Th e vote was a sign that all of the Harper government's 12 other bills on a range of jus- tice issues — including an end to conditional sentencing for property and serious crimes — will eventually become law. Under bill C-15, for exam- ple, the courts would impose mandatory minimum sentences for a range of drug possession, production, and traffi cking of- fences. Th e changes include a mandatory minimum sentence of six months if an individual is convicted of growing more than fi ve and less than 201 marijuana plants for the pur- pose of traffi cking. Th e minimum would be set at nine months for the same amount of marijuana if any of a series of health and safety threats is associated with the production, including a po- tential hazard to anyone under 18 where the drug was being grown or a public safety hazard in a residential area. If the number of plants is more than 200 but less than 501, the mandatory minimum would be one year in prison. Th at increases to a minimum of 18 months if health and safety risks are associated with the production. If the production is more than 500 plants, the manda- tory minimum increases to two years or three years if any of the health and safety risks are pres- ent at the production site. Th e Canadian Association of Crown Counsel told the Senate committee both the drug and dead-time bills would inevitably lead to pressure on the courts and overcrowded prisons. Although it was acknowl- edged the new C-25 limit on credit for time served will likely prompt a rise in the number of Includes the NEW IN 2009 • • Under the - O. Reg. 106/09 Disposal of Dead Farm Animals • Under the - O. Reg. 128/09 Exemption – City of Detroit • Under the - O. Reg. 63/09 General Volume 1 covers: • • • • Volume 2 covers: • • • • • • and regulations and regulations and regulation and regulations and regulations and selected regulations and regulations and regulations and regulations ORDER your copy today Perfectbound • Vol. 1 - 940 pp. • Vol. 2 - 1,126 pp. • November 2009 • Standing order $87 • P/C 0800140000 Current edition only $97 • P/C 08000100000 • Multiple copy discounts available • ISSN 1195-163X and regulations and regulation early guilty pleas and thereby reduce the number of prisoners in remand, it was also argued that courts will be under severe strain to schedule earlier ap- pearances and processing for accused who plead guilty. At the same time, the manda- tory minimums for drug of- fences will also place a burden on the courts as accused will be unable to reduce sentences through plea bargaining. Chaff e, who testifi ed at the Senate committee on both bills on behalf of the Crown counsel association, explains he wasn't taking a position for or against them. "We're not opposing any- thing," he says. "All we're talk- ing about is what will practi- cally happen on the ground if they are brought in." LT Ontario Environmental Legislation 2009-2010 PAGE 3 and regulation For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. ARE YOU READY FOR THE FLU SEASON? With the recent H1N1 pandemic and flu season approaching, be proactive and prevent the spread of infectious diseases in your office. Prices in effect until October 30th , 2009 3.41EA. was $5.69 Lysol Disinfecting Wipes, 35/Dispenser 46146-00 ecting Wipes, 3 ol Disinf 5.65EA. was $7.20 Purell Hand Sanitizer Wipes, 100/Box 38256-00 Purell Hand Sanitizer Wipes, 100/Box Acme Comfort Masks, 5/Package 46105-00 Comfort Masks, 5/P 6.41PK. was $10.68 4.65EA. was $6.17 5.81BX. was $9.68 Disinfectant Telephone Wipes, 25/Box 41890-00 Disinfectant Telephone Wipes, 100% Purell Hand Sanitizer, 354ml 46015-00 Hand Sanitizer 3 Purell Hand Sanitizer, 236ml 38257-00 Hand Sanitizer 6.05EA. was $7.86 For more information please contact your Account Executive or contact us at 1-888-393-3874 dyedurhambasics.ca www.lawtimesnews.com Untitled-3 1 10/1/09 4:06:39 PM Kleenex Facial Tissue, 100/Box, 2ply 38046-00 Kleenex Facial Tissue 100/Box 2ply 1.20BX. was $1.50 LT1026 Consulting Editor: Dianne Saxe Green Energy Act, 2009 Green Energy Act, 2009 Pesticides Act Nutrient Management Act, 2002 Ontario Water Resources Act Environmental Bill of Rights, 1993 Environmental Assessment Act Environmental Protection Act Green Energy Act, 2009 Clean W Nutrient Management Act, 2002 Ontario Water Resources Act Pesticides Act ater Act, 2006 Safe Drinking Water Act, 2002 Technical Standards and S afety Act, 2000

• Cover
• Secrets Of Success
• Impaired Driving Laws
• Focus On Trusts & Estate Laws