Pubdate: Wed, 28 Oct 2015 Source: Simcoe Reformer, The (CN ON) Copyright: 2015 Sun Media Contact: http://www.simcoereformer.ca/letters Website: http://simcoereformer.ca/ Details: http://www.mapinc.org/media/2386 Author: Shawn Swarts Page: A6 A NEW CRIMINAL AGENDA FOR THE LIBERALS In many of my previous columns I have been highly critical of the Harper government's tough on crime legislation. Perhaps the country agreed with me by voting in a majority Liberal government for the next four years. This change hopefully will allow the Liberals to reverse much of the damage done to our justice system by the Conservative tough on crime policies. Here are five areas that I hope the Liberals will change or at least go back to our previous system. Over the last decade the Conservatives have legislated mandatory minimum jail sentences for a wide variety of drug, gun and sexual offenses. These mandatory minimum sentences have taken away the discretion of the judge to impose a sentence suitable to the particular case before them and instead forced them to sentence the accused to generally long prison sentences. Most of these mandatory minimums should be repealed and the task of creating an appropriate sentence should be given back to the judge who is most familiar with each case. On a similar vein the Conservatives greatly reduced the type of offense where a conditional sentence could be used as a penalty. A conditional sentence is a jail sentence but one that allows the accused to serve his time at home thus allowing them to continue to work and be a productive member of society. It is also a very helpful sentence for accused who suffer from mental or physical disabilities. Regrettably the Conservatives greatly reduced ! the type of crimes where this sentence was available, again those laws should be repealed and the conditional sentence should be an option available to the sentencing judge. The Conservatives instituted a mandatory victim fine surcharge of $100 for every summary conviction and $200 for every indictable conviction. This surcharge was imposed on every offender regardless of their mental state or ability to pay. Although the victim fine surcharge has its uses the judge should be able to waive its application in cases where the accused clearly is unable to pay. Again the law should be changed to give the sentencing judge the discretion to impose this surcharge or not depending on each case. Justin Trudeau campaigned on legalizing marijuana if elected. He has now been elected with a majority government, I urge him to follow through with this promise. We as a nation spend hundreds of millions of dollars on policing, courts and jails for our war on drugs. This 60 year war has failed dramatically, drugs should be considered a medical issue not a criminal one, and we should not be spending huge amounts of money policing and prosecuting marijuana offenses. Four states in the US have legalized this plant and it turns out the sky did not fall, drug use did not even increase in these states and they are receiving a much-needed new source of government income by taxation on the plant. It is time to entirely revamp our laws on drugs and legalize and tax marijuana. Finally there is the issue of the Senate. The Supreme Court has made it clear that Parliament can't of its own will abolish the Senate, it requires a constitutional amendment and the support of the provinces. The long and short of this is that the Senate will not be abolished any time soon. In the past the Senate was supposed to be the chamber for sober second thought on legislation brought from Parliament. Its role was to step back and study legislation to ensure it was fair and not overtly one-sided. In the past the Senate would hold hearings on legislation and offer modest changes to this legislation where appropriate. The Senate can actually serve a positive role in our legislative process. Regrettably, Stephen Harper chose to fill the Senate with political cronies (more than any other PM in history) who were simply yes-men for whatever legislation his government passed. In 10 years he has transformed the Senate into a much more polarized entity bowing to the political w! ill of Mr. Harper's as Prime Minister. I urge Prime Minister Trudeau to try to bring back the Senate to its past incarnation. To appoint senators in the future not based on their political donations and affiliations but rather to appoint a Senate of wise men and woman well versed in our Canadian history and legislative process. These are just a few ideas that could help make our system more just in the future. I wish the new government good luck on their legislative endeavors and hope that revamping our criminal justice system is high on their agenda. Shawn Swarts is a lawyer at the law firm of Cobb & Jones LLP. Should you have any questions for Ask A Lawyer, please direct them to the Simcoe Reformer or ask a lawyer of your choice. For more articles, visit the Library page at www.cobbjone - --- MAP posted-by: Matt