Pubdate: Wed, 10 Mar 2010
Source: Ottawa Citizen (CN ON)
Copyright: 2010 The Ottawa Citizen
Contact: http://www.canada.com/ottawacitizen/letters.html
Website: http://www.canada.com/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Don Martin, Canwest News Service

POOR OPTICS ON JAFFER SENTENCE

When a judge with Conservative credentials arches an eyebrow at the 
proposed sentence for a sitting cabinet member's spouse, particularly 
one appointed by the current federal finance minister in an earlier 
political life, the verdict seems clear: former Edmonton MP Rahim 
Jaffer got off with a sweetheart sentence.

Initially charged with drunk driving, cocaine possession and careless 
driving after a police stop in rural Ontario on, ironically, 9/11 
last year, the popular former Conservative MP was hit with a $500 
fine on the modest driving charge Tuesday. The other nasty business 
disappeared from the docket, along with any threat of a criminal record.

"I'm sure you can recognize a break when you see one," Justice Doug 
Maund scolded Jaffer after squinting "between the lines" to decipher 
sufficient evidence to support the suggested soft sentence.

Not having access to the Crown's explanations makes it impossible to 
know if the Jaffer case was any different from the tens of thousands 
of Canadians who escape convictions on technicalities or plea 
bargains for similar charges. He probably just bought the best in 
legal representation and it paid off.

But the perception of political favouritism will not easily go away.

Speeding leading to a failed breathalyzer reading is strong 
conviction-friendly evidence. And being charged with possessing a 
suspicious white substance rarely turns out to be baby powder.

Notes respected legal authority Joe Comartin of the New Democrats: 
"There isn't a Canadian, I think, who would believe that he or she, 
faced with the same set of facts that Mr. Jaffer was faced with, 
would have at the very least had to go through a trial."

Frankly, it takes a vivid imagination to view this as Conservative 
influence being brought to bear on a provincial prosecutor to secure 
a knuckle-rap instead of probation for someone no longer representing 
the government party.

But the optics are incredibly ugly because it underlines the sort of 
chronic legal leniency that drives this government to distraction as 
it tweaks and tightens federal laws to ensure the time matches the crime.

This conviction is doubly damning to the government, coming at a 
particularly awkward time for newlyweds who seem to be experiencing a 
cursed coupling.

Jaffer's wife is glamorous junior cabinet minister Helena Guergis who 
peers over Stephen Harper's shoulder in television coverage of 
question period, dutifully nodding with every sentence uttered by the 
prime minister.

She became a Conservative liability recently after shooting off her 
mouth while allegedly throwing her shoes and a temper tantrum at the 
Charlottetown airport as she sought to breeze through security to 
escape the "hellhole."

This "hellhole," by the way, is an island three-quarters dominated by 
Liberal MPs the Conservatives would like to replace in the next election.

For her to remain unpunished in the cabinet is almost as inexplicable 
as keeping her so visible behind the prime minister in television 
coverage. But I digress.

While the usual circle-the-wagon response Conservatives always deploy 
to protect their own from outside attack was activated, there was an 
interesting signal that Jaffer's conviction was not sitting well with 
the backbench.

When zero-tolerance Justice Minister Rob Nicholson stood to shout 
outrage at the Liberals for daring to question the Jaffer sentence, 
barely half the Conservative cheerleaders took to their feet -- less 
a show of support than one of disappointment.

This was particularly brave for Conservative MPs, given that Harper 
did a rare huddle with Guergis before question period to signal 
sympathetic support for the embattled Ontario MP.

Jaffer arrived in Ottawa in 1997 as the wild child of Alberta 
Reformers, a Ugandan immigrant success story with a fun-loving 
personality who served as an inspiration for young people to seek 
political office.

He campaigned hard against drug use and preached the gospel of 
Conservative law and order. If anybody should be a role model for the 
consequences of drunk driving and drug possession, it should be this former MP.

But he got a big break for a serious lack of judgment and he 
delivered a feeble public apology for lousy driving and nothing else.

It would've been more appropriate if Jaffer had been sentenced to 
community service where his example could serve as a lesson to those 
who admired this capable and charismatic politician.
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MAP posted-by: Keith Brilhart