SOFT ON TRUTH, NOT TOUGH ON CRIME

I was disappointed to see Justice Minister Rob Nicholson use the pages
of the National Post to accuse Liberal Senators of erecting
"significant hurdles" to the Harper government's Truth in Sentencing
Act ( "An important step to a safer Canada," Feb. 23).

The fact of the matter is that this bill spent 36 days in the House of
Commons, and only 19 days in the Senate -- during which it was studied
in committee, debated, passed without any amendments on Oct. 21, 2009,
and received Royal Assent the next day, on Oct. 22.

But the Harper government then chose to delay bringing the act into
force, waiting an additional four months after the bill was passed by
Parliament before making it effective on Feb. 22, 2010.

Yet Mr. Nicholson persists in misleading Canadians and trying to blame
the Liberal senators for obstructing the government's "law and order"
agenda.

In fact, of the 21 law-and-order bills introduced by this government,
18 died on the Order Paper because Stephen Harper decided to prorogue
Parliament. Three had passed all stages in both houses of Parliament
and received Royal Assent. However, in all three cases, the government
delayed bringing them into force.

Indeed, an honest examination of the record compels one to acknowledge
that the greatest delays to implementation of the government's justice
agenda resulted from the government's own actions -- sitting on bills
and not bringing them forward for debate, delaying bringing
legislation into force, and ultimately, of course, shutting down Parliament.

Here are the facts, so that Canadians can judge for
themselves.

The Harper government introduced 21 justice bills. Of the five that passed
the House of
Commons and came to the Senate:

- - Two passed the Senate without amendment.

- - One (the so-called Serious Time for the Most Serious Crime bill) was
tabled in the Senate in November, but not brought forward by the
government for any further action after that. It died with
prorogation.

- - One bill was passed with four amendments and returned to the House
of Commons, which did not deal with it before Parliament was prorogued.

- - One was being studied in committee when Parliament was prorogued, at
which time all committee work shut down.

There were also two justice bills that the government chose to
initiate in the Senate. One was passed by the Senate after 14 days.
The other was tabled in the Senate on April 1, but the government
chose not to bring it forward even for debate after that. It died with
prorogation.

As I wrote to Minister Nicholson in a letter of Feb. 4, where I laid
out these facts: "Comparing the numbers, Canadians would have to
conclude that it is the Harper Conservatives who have chosen to
obstruct law and order bills -- while shamelessly trying to smear the
Liberals and the Senate with the blame."

It is difficult to take a law-and-order agenda seriously when it is
argued with so little respect for facts. Justice above all depends
upon truth. As our country's Minister of Justice, Mr. Nicholson's
first allegiance must always be to the truth, far beyond any political
or partisan gamesmanship. Our system of justice depends upon it.

In his National Post op-ed, Minister Nicholson said, "Canadians lose
faith in the criminal justice system when they feel that the
punishment does not fit the crime." I believe Canadians' faith in the
criminal justice system is even more seriously undermined when the
person responsible for that system-- the Minister of Justice and
Attorney-General of Canada -- is prepared to play fast and loose with
the truth.

Canadians deserve the truth. They expect it from their government --
and above all, from their Minister of Justice.

Senator James Cowan, a Liberal, is Leader of the Opposition in the
Senate.