DO WE NEED TO GET TOUGH ON CRIME?

Re: Crime Bill Will Clog Courts: Bar, Aug. 16.

What is truly unfortunate about the tough on crime legislation, aside
from ridiculous mandatory minimum sentences for small-time drug
dealers and the like, is that it might have the opposite effect that
it sets out to achieve.

No accused person facing a mandatory minimum is ever going to plead
guilty. There is no advantage, no credit on sentencing for an early
resolution, so if you lose at trial the sentence can be no less than
what it would be otherwise.

Because more matters will proceed to trial, it will take longer to
get a trial date. The impact is obvious. The longer the institutional
delay, the greater the chance your charges are stayed or dismissed
because of an unreasonable delay

The justice system is already severely backlogged.

A high-end dealer caught with kilos of cocaine and firearms is going
to get more than four years if found guilty regardless, so the
mandatory minimum is useless. But the petty street dealer who sells
to fuel his addiction who is caught with a few ounces is going to
face at least four years in a penitentiary?

Daniel Libman, Toronto.