Pubdate: Sun, 13 Dec 2009 Source: Winnipeg Sun (CN MB) Copyright: 2009 Canoe Limited Partnership Contact: http://www.winnipegsun.com/ Details: http://www.mapinc.org/media/503 Author: Paul Rutherford 'TWO-TIERED' JUSTICE FOR SURE The hot Canadian debate over "two-tiered" health care has -- thanks to Canada's unelected and unaccountable Senate -- been suddenly replaced by a hot debate over "two-tiered" justice. That's what Winnipeg South MP Rod Bruinooge is calling amendments the Senate has proposed for a crime bill currently before them. The amendments introduced Wednesday have outraged the Conservatives and their supporters. They've once again accused the Senate of "gutting" a major crime bill - -- this one dealing with mandatory minimums. Bill C-15 had proposed a person found guilty of trafficking who had previously been convicted of a drug-related offence within the prior decade would receive a minimum prison sentence of one year while someone with a prior record who was convicted of growing five or more marijuana plants would receive six months of mandatory jail time. But Liberal senators, backed by four independents, passed an amendment upping the pot plant number to 200 while handing judges discretion at applying the mandatory minimum to aboriginal offenders. Say what? Sounds likes two sets of rules to us, no matter what the Senate says. "It's definitely the wrong approach to justice to create, essentially, two different levels of sentencing based on race. As an aboriginal person, I just see it as offensive," Bruinooge told the Sun. Canadians remain outraged every time an unelected body like the Senate tinkers around with legislation intended to make the justice system tougher. The gloves are off now on the issue as a senator is fighting back. Liberal Senator Charlie Watt says it's all rubbish. He says Bruinooge is out of his tree. He argues in a letter to the Sun that it doesn't exempt aboriginal offenders at all. All the amendments do Watt says, is gives judges the "discretion" to decide whether a mandatory minimum is appropriate. "The language in this amendment is modeled after existing Criminal Code provisions ... obviously cultural sensitivity and a judge's discretion have not led to a "free pass." Hence I do not expect this to be the result of my amendment." But does this "discretionary" power have to be written in the Bill? Judges use discretion all the time. They don't need to be prodded to do it. And why single out aboriginal criminals? Sorry Mr. Senator, we say rubbish to you. To most intelligent people this is nothing more than treating aboriginals softer when it comes to justice. These changes in the Bill means there are two sets of rules. And no matter how you spin it, the end result screams "two-tier justice." Bruinooge has it right. - --- MAP posted-by: Jo-D