Pubdate: Sat, 09 Feb 2002 Source: Kitchener-Waterloo Record (CN ON) Copyright: 2002 Kitchener-Waterloo Record Contact: http://www.therecord.com/ Details: http://www.mapinc.org/media/225 Authors: Dianne Wood and Cherri Greeno Bookmark: http://www.mapinc.org/corrupt.htm (Corruption) 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. - --- MAP posted-by: Josh