JAFFER'S 'BREAK' ON CHARGES

Rahim Jaffer's mysteriously light punishment after being charged with
impaired driving and cocaine possession raises four concerns.

Jaffer, a former Conservative MP, was charged after being stopped for
speeding last year. Police said he failed a breathalyzer test and
they found cocaine. But a plea bargain resulted in those charges
being dropped. He pleaded guilty to careless driving and paid $500.
The Crown prosecutor said only that she did not believe there was a
reasonable possibility of conviction on the serious charges, citing
"significant legal reasons."

That's the first problem. The prosecutor's silence has raised
concerns about favouritism. They are likely unwarranted. But a
justice system relies on public confidence; that can't exist without
adequate information.

Judges provide explanations for their decisions, so the public and
appeal courts can assess them. Prosecutors don't. In some cases, they
fight to preserve secrecy. The inquest into the Lee family murders
and suicide in Oak Bay was undermined because the prosecutors
involved refused to testify.

The argument that providing information somehow undermines their
independence does not stand up. Providing information on reasons for
a decision does not prevent a prosecutor from acting independently.

The second issue is that Jaffer's light sentence is linked to his
status -- not as a politician, but as a person affluent enough to
afford a lawyer to negotiate a plea bargain. Cuts to legal aid have
made that impossible for many Canadians, creating a two-tier justice system.

The case also showed how poorly Canadians understand our court
system. Cases like Jaffer's are handled in the same way every day
across the country. About one in four people charged with impaired
driving, for example, fights the charges. Many cases are resolved
with plea bargains.

Finally, the Jaffer case shows the foolishness of mandatory minimum
sentences and other "tough on crime" measures. Conservative
politicians who have been quick to criticize the outcomes in other
cases where offenders have been seen to get off lightly were silent
on Jaffer's fine.

The system should be respected and allowed to do its work, they maintained.

That's true -- and not just when a politician is involved.