THERE ARE WAYS TO GET AROUND MANDATORY SENTENCE

Justice Minister Irwin Cotler has made it clear he is against minimum
sentences for marijuana-growing operations, but he may yet have to swallow
hard and accept such a development, considering the increasing pressure to
act and his government's precarious position in a minority Parliament.
Cotler's concerns, however, deserve consideration.

The issue has been given new prominence as the result of the slaying of
four Royal Canadian Mounted Police officers by a crazed suspect who was
apparently operating a small grow-op in rural Alberta earlier this month.

Among those demanding tougher actions against pot-growing operations are
Public Safety Minister Anne McLellan and other members of the Liberal
caucus, along with many Conservative MPs.

The Tories want a minimum two years for those convicted of operating a
marijuana growing operation.

Instituting minimum sentences could be as simple as amending the bill now
before the House of Commons to decriminalize marijuana, which already
stiffens penalties for grow operations.

The entire debate is more than a bit hysterical, however, and Members of
Parliament would be wise to take a step back and consider the notion of
minimum sentences and how they work in practice.

(While they're at it, they might also take a closer look at what they hope
to accomplish with their marijuana decriminalization bill, which sends a
ridiculously muddled message. It encourages the use of pot - make no
mistake, decriminalization will lead to greater consumption - while
discouraging the production of it. Talk about trying to have it both ways).

There is nothing inherently wrong with the notion of minimum sentences,
provided the minimum is not set so high that it results in injustice.

An activist judiciary empowered by the Charter of Rights and Freedoms
notwithstanding, Parliament is ultimately responsible for passing laws.

However, it is instructive to take a look at recent attempts to implement
mandatory minimum sentences.

For example, the federal government added mandatory minimum sentences for
some gun crimes in the 1990s. Such charges are withdrawn or stayed
two-thirds of the time, according to an official with the federal
Department of Justice.

Judges and prosecutors will get around the minimum sentence if they believe
it is unjust in a particular case, often by accepting a guilty plea to a
lesser offence while dropping the charge that carries the minimum sentence.

To be fair to the judges, they see these cases every week and they know
that not every one is the same, thus not every sentence should be the same.

If Members of Parliament decide to pass a law requiring minimum sentences,
they should be under no illusions that it will have much impact on what
takes place in a courtroom.