LETTER FROM REGION ANGERS JUDGES

Regional Chairman Denies Trying To Sway Court In Pot-Growing Cases

WATERLOO REGION -- Ontario's top judge may be asked to investigate
after Waterloo Region council sent letters to local judges urging
them to impose stiffer sentences on people convicted of running
marijuana-growing operations.

Last month, regional councillors called for stiffer penalties for
anyone involved in home-grown pot operations. They fired off copies
of their resolution to all local judges, as well as the president of
the Ontario Judges Association and others.

Yesterday, Kitchener Superior Court Justice Ron Sills accused council
of inappropriately trying to influence local judges.

"This is obviously a direct attempt to influence the judges in
respect to the penalties they're imposing," Sills said in an
interview.

"It disturbs us."

Sills said he will contact Ontario Chief Justice Patrick Lesage for guidance.

"There needs to be an independent judiciary to assure the public
they're going to be dealt with by the courts fairly and without the
influence of extraneous forces," Sills said.

Several local judges are already debating whether they should be
hearing any more marijuana cases, fearing they may not be seen as
impartial and unbiased.

Those judges may decide to tell defence lawyers about the letters,
and offer them the chance to bring in out-of-town judges to hear
their cases, Sills said.

He said judges are supposed to be independent and not subject to
political influence of any kind.

"The necessity of judicial independence has been the cornerstone of
our democratic system forever," said Sills, the Superior Court's
administrative judge.

But regional Chairman Ken Seiling said yesterday council members
didn't think they were interfering.

"Members of council wanted to give a message to the community at
large and (to the) judiciary that they felt there should be tougher
sentencing for these crimes," said Seiling, who is also chairman of
the Waterloo Regional Police Services Board.

A copy of a strongly worded resolution from the police board was also
sent to judges. That resolution calls recent sentences handed down in
pot cases ineffective, adding that "appropriate sentencing must occur
in order to promote safety and security."

Seiling said no elected body -- such as council -- has any power over
judges. Council's resolution, he said, was simply "an expression of
an opinion and the judges are free to take it or leave it.

"Whether the judges read about it in the newspaper or hear about it
on the TV or see it directly in a letter, I don't see there's any
harm in that because all they're doing is hearing what the community
is saying," he said.

"They are not bound by it, council has no authority over them, and
they ultimately make decisions on sentencing."

The issue was made public yesterday when Justice Don Downie commented
on the letters in Kitchener's Ontario Court during sentencing in a
marijuana-trafficking case.

When federal Crown prosecutor Ali Nowak asked for a jail term for the
trafficker, Downie asked her whether the request was coming from the
Crown or the region.

Downie said he'd received a letter from regional council suggesting
judges needed to take a more "firm position" on marijuana sentencing.

"People on council don't understand the separation between the
judiciary and the legislative function," he said.

In the resolution sent to the judges, regional councillors called for
a five-year prison term for anyone convicted of operating a home
marijuana garden.

Local lawyers were also concerned about the council letters.

Defence counsel John Lang said judges are supposed to be influenced
by the facts of a case, guidelines set by other courts and the
Criminal Code, or, in this case, the Controlled Drugs and Substances
Act.

"The politicians have the right to give their opinion," he said, "but
it's inappropriate for them to attempt to contact the judiciary in a
personal sense."

Defence lawyer Craig Parry, who represents several people charged
with marijuana cultivation, said it's possible lawyers may ask for a
stay of proceedings on charges, or even a change of venue in jury
cases.

"This raises a serious concern about the appearance of bias," Parry
said. "It's an abuse of state power by one arm of the state."

He believes the amount of publicity from police, who often advocate
stiffer penalties, and other city councils which have passed similar
resolutions, may be enough to contaminate potential jurors.

"You might want to move to another town," Parry said.

[sidebar]

CONTROVERSIAL CONTACT WITH JUDGES

A number of prominent Canadian politicians have been accused of
interfering with the judicial system.

- - Ontario Solicitor General Mike Farnan came under fire in 1991 after
his Cambridge riding office sent letters to two judges on behalf of
constituents in parking ticket cases. The RCMP found no evidence that
the riding office was attempting to obstruct justice.

- - In 1990, Sports Minister Jean Charest was forced to resign after
telephoning a Quebec Superior Court judge just as the judge was about
to pass judgment on a track coach appealing his exclusion from the
Commonwealth Games. Opposition leaders said the phone call was an
attempt to persuade the judge to rule in the coach's favour.

- - Federal Labour Minister John Munro called an Ontario judge in 1978
to offer a character reference for a constituent facing sentencing on
an assault conviction. Accused of interference, Munro resigned.

- - In 1976, in what was commonly known as the judge's affair, federal
Public Works Minister C.M. (Bud) Drury telephoned a Quebec judge
about a contempt of court charge against another minister. The prime
minister refused Drury's resignation, but he did order ministers not
to communicate with judges.