Pubdate: Fri, 21 Apr 2006
Source: National Post (Canada)
Copyright: 2006 Southam Inc.
Contact:  http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: James C. Morton

WHEN REFORMING JUSTICE, RECALL BACON'S WISE WORDS

The proposed criminal law sentencing changes -- eliminating 
conditional sentences and imposing more mandatory sentencing -- raise 
a number of difficult issues about which reasonable people can differ.

One indisputable result of the changes, however, will be more 
criminal cases going to trial and more work for the justice system. 
This means either that the system will completely fail and charges 
will be stayed because of excessive delay or that very significant 
additional resources will have to be directed into the system by both 
the federal and provincial governments. More judges, more Crown 
attorneys and more (very considerably more) legal aid funding will be required.

As the Renaissance philosopher Francis Bacon wrote, "If we do not 
maintain justice, justice will not maintain us." Justice is not 
costless and the changes to the justice system must be met with the 
resources to make sure it works.

James C. Morton, LLB, Toronto.
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