Pubdate: Mon, 15 Mar 2010 Source: Guardian, The (CN PI) Copyright: 2010 The Guardian, Charlottetown Guardian Group Incorporated Contact: http://www.theguardian.pe.ca/ Details: http://www.mapinc.org/media/174 Bookmark: http://mapinc.org/people/Rahim+Jaffer CANADIANS DESERVE AN EXPLANATION Did Mr. Jaffer receive special treatment or did he get a break that others before the court sometimes get? Ontario justice officials should explain to Canadians why Rahim Jaffer got what many Canadians are calling a 'slap on the wrist' after cocaine possession and drunk driving charges against him were withdrawn and he was convicted of a lesser offence of careless driving. Such an explanation would benefit not only Canadians, but Mr. Jaffer himself. Until Canadians are told why Mr. Jaffer got what even the judge himself called "a break", many will conclude the former MP and husband of a current cabinet minister simply got special treatment. That impression, in the court of public opinion, would dog Mr. Jaffer indefinitely, and left unchallenged, would only confirm suspicions that he and others with connections get a better deal when they find themselves before a judge. Mr. Jaffer, once known for his tough stance on drugs, was fined $500 last week after the more serious charges of drug possession and drunk driving were withdrawn and he was convicted of careless driving. The prosecutor told the court convictions on the more serious charges were not likely because there would be "significant legal issues" in proceeding on those charges. The judge said he would not interfere with this decision, but added this for Mr. Jaffer's benefit: "I'm sure you can recognize a break when you see one." Since then, Opposition MPs have blasted government for hypocrisy in not condemning the plea arrangment, and for being silent "only when the law's being flouted by one of their own." Even some Conservatives have suggested that the public is entitled to a full explanation as to why the MP received such a light sentence. Ontario justice officials should try to find a way to respond to this reasonable request. It's not uncommon for plea arrangements to be made if the Crown determines it cannot prove a more serious charge. Our judicial system is an institution steeped in tradition and protocol, and it would be fair to say it serves Canadians well. But it's not perfect. In the course of an arrest, or an investigation, witnesses and evidence may be weak, or human error can occur, and the Crown has to make the call on whether a charge can be successfully prosecuted. If not, it's prudent to go with a lesser charge. Mr. Jaffer isn't the only one who has ever received "a break", but in light of the perception that he received leniency because of who he is, justice officials should go the extra mile to explain why that's not the case. - --- MAP posted-by: Jo-D