JUSTICE MINISTER NICHOLSON PUSHES CRIME BILL HE USED TO BE AGAINST

As a Mulroney backbencher, Rob Nicholson was against mandatory
minimum sentences for drug crimes.

Federal Justice Minister Rob Nicholson, who is pushing the
government's tough on crime agenda and plans to revive the bill on
mandatory minimum sentences for drug crimes in the next Parliamentary
session, did not support the proposed law when he was a Mulroney backbencher.

In 1988, Mr. Nicholson vice-chaired a Parliamentary committee that
released a report recommending mandatory minimum sentences not be
used, except in the case of repeat violent sexual offenders. The
committee found, based on testimony and the U.S. experience, that the
law didn't work and increases prison populations.

The report, titled "Taking Responsibility," cited many of the same
arguments that led Liberal Senators today to make amendments to the
bill, which died on the Order Paper when Parliament was prorogued on
Dec. 30 by Prime Minister Stephen Harper (Calgary Southwest, Alta.),
although Mr. Nicholson has said it would be reintroduced in its
original form when Parliament returns on March 3.

It noted that sentencing guidelines, which remove some of the
discretionary powers of judges, "have had the undesirable effect of
contributing to rapidly increasing prison populations in the United
States." Additionally, it said that both witnesses and committee
members doubt the effectiveness and have reservations about the
social and financial costs of mandatory minimum sentences, noting
they tend to increase court time because defendants fight harder to
avoid conviction, as well as causing "distortions" in charging
practices and plea negotiations.

Witnesses appearing before the House of Commons and Senate committees
studying Bill C-15 said overwhelmingly that mandatory minimum
sentences are ineffective in deterring drug-related crimes, and a
2001 government report done by the Justice Department reached the
same conclusions.

The bill would require anyone found with as few as five marijuana
plants to serve a minimum of six months in prison, with one and
two-year minimum sentences for other drug-related offences.

Genevieve Breton, Mr. Nicholson's (Niagara Falls, Ont.) director of
communications, said in an email to The Hill Times that the justice
system and the drug world are different than they were 22 years ago,
and therefore the government's response has also changed.

She noted that the Criminal Code contains a total of 43 offences that
carry a mandatory minimum sentence, mostly for firearm and child
exploitation offences, but in recent years the Harper government has
added to the list.

"Parliament is expected to draft and enact laws that clearly
articulate the legislators' intent, which is reflective of the values
of the citizens who elected them. It is the role of the legislator to
give guidance to the judiciary on maximum penalties, as well as on
minimum penalties. For certain offences, our Government firmly
believes that a minimum period of incarceration is justified," Ms.
Breton stated.

Former PC MP David Daubney, now a public servant at the Department of
Justice, was chair of the committee that authored the 1988 report,
which is sometimes referred to as the "Daubney Report." He said Mr.
Nicholson's views on mandatory minimum sentences today are clearly
different from those in the report to which he was a signatory.

"I'm proud of the report, frankly, it was well-received and still is
being used in law schools and other places as a well-received
blueprint. But times change, and public opinion changes, and
governments change," he said.

Mr. Daubney cited a recent Angus Reid poll, which indicated
Canadians' attitudes on justice issues are hardening, as a possible
motive for Mr. Nicholson's change of heart. The poll found that 65
per cent of respondents had a moderate or strong feeling that
mandatory minimum sentences send a tough message to criminals, and
that 62 per cent supported the death penalty for those convicted of
murder. This even though crime rates in Canada have been steadily
falling for three decades.

The Conservative government introduced 17 justice bills in the last
session, and the they have made law and order issues a central plank
of their agenda. Last week, Mr. Nicholson announced he would be
putting forward proposals to stiffen penalties for youth offenders.

The justice minister has repeatedly lashed out at the Liberals, both
in the House and in the media, for what he calls the gutting of Bill
C-15 by Grit Senators, even though the bill was passed in the House
with Liberal support. Many in the Liberal caucus have said they are
uncomfortable with the measures in the bill, but there is a fear
within the party of being labeled "soft on crime."

Last week Tory MP Brent Rathgeber (Edmonton-St. Albert, Alta.), who
sits on the House of Commons Justice Committee, put out a press
release attacking statements by Liberal MP Rob Oliphant (Don Valley
West, Ont.) that his caucus was grappling with whether to continue
their support of all the government's crime legislation.

NDP MP Libby Davies (Vancouver East, B.C.), whose party voted against
Bill C-15, said Mr. Nicholson's zest for introducing mandatory
minimum sentences for drug crimes is purely political.

"This has got to be an evidence-based process, and of course he
couldn't show any. All he could say was that he believed that
Canadians wanted this legislation. To discover a Parliamentary report
that he was a signatory to that comes to the same conclusion that we
have, that mandatory minimums don't work for drug crimes, I think
that's very incredible. It's reinforcement that what they are doing
is not based on any evidence whatsoever. It's a political stance that
they're taking that has nothing to do with solving Canada's serious
drug issues. It's a politically fabricated response. It's fascinating
to see that back in 1988 he obviously came to a more objective
conclusion," she said.

Liberal justice critic Dominic LeBlanc (Beausejour, N.B.) said he
agrees with some of what is in Bill C-15, but voiced concerns about
the mandatory minimum sentencing provisions. He said his caucus has
not yet decided whether they would continue their support of the bill.

Mr. LeBlanc mused that perhaps the discrepancy between Mr.
Nicholson's 1988 report and his position today is because of Prime
Minister Stephen Harper's (Calgary Southwest, Alta.) preference for
"American style solutions" to drug crime.

The Globe and Mail recently reported the government plans to increase
the size, and budget for federal prisons in order to make way for the
flood of new inmates resulting from the new crime bills. The annual
budget for prisons has grown from $88.5-million in 2006-07 to
$195.1-million this year, and is projected to reach $211.6-million in 2010-11.

At this point the government is refusing to say how much its crime
legislation would cost the justice system, but Parliamentary Budget
Officer Kevin Page will release a report examining the expected
expenditures in the coming months.