CRIME BILL WILL CLOG COURTS: BAR

HALIFAX - Lawyers and judges on the front lines of the criminal
justice system pleaded with the federal Justice Minister Monday to
tone down some of his upcoming anti-crime measures, saying they will
only clog the courts and prisons with the mentally ill and other
vulnerable people.

But Rob Nicholson said the Harper government will press forward in
Parliament this fall with its long-awaited omnibus package of crime
laws - including the contentious introduction of mandatory minimum
sentences for drug crimes and sexual offences.

In a polite but forceful hourlong question-and-answer session with
members of the Canadian Bar Association during its annual meeting in
Halifax, Mr. Nicholson said repeatedly that the Conservatives'
majority victory in the spring election amounts to a clear mandate to
"crack down" on crime.

"From coast to coast one thing is clear: Canadians want to see their
communities as safe places to live, raise their families and do
business. We have listened to Canadians and with the strong mandate we
have received, we'll continue to act on their behalf," he said.

The 37,000-member Canadian Bar Association has deep reservations about
some measures in the omnibus package. It passed resolutions in Halifax
on the weekend condemning mandatory minimum sentences, the
imprisonment of mentally ill offenders and the overrepresentation of
aboriginal people in the prison system.

It also pressed Ottawa to release estimates on the extra cost of
jailing increasing numbers of offenders because of mandatory minimum sentences.

At the very least, the bar association wants Mr. Nicholson to add a
"safety-valve" provision into the Criminal Code that would give judges
the discretion to exempt certain offenders from mandatory minimums in
rare cases where prison time would create a clear injustice.

Britain, South Africa and Australia have similar provisions in their
sentencing laws, according to the bar association.

Mr. Nicholson was asked Monday whether he didn't trust Canada's judges
with such a provision.

"Mandatory penalties are quite reasonable," he said. "Our
responsibility as legislators is to give guidance to the courts. We're
doing what we're supposed to do."

Mr. Nicholson also ruled out making any allowances for aboriginal
offenders who might have been victimized themselves as children in
residential schools.

Dan MacRury, a Nova Scotia prosecutor who chairs the CBA's criminal
justice section, said he was disappointed by the Justice Minister's response.

"If there is no safety valve in the system, there are no options for
judges who will have to incarcerate people that may be better treated
in the community.

"The Minister is right, Parliament provides guidance. All we're asking
for is that guidance also has a safety valve in it, so the most
vulnerable in our society are well protected."

Mr. Nicholson, however, said he remains interested in more
wide-ranging solutions for dealing with mentally ill offenders. Talks
are underway on the matter between federal and provincial officials
and the CBA. But Mr. Nicholson offered no details about what
initiatives Ottawa might take.

Mr. Nicholson rejected the suggestion by some lawyers Monday that by
bundling the government's various crime bills into a large, single
piece of legislation, he is hampering parliamentarians and other
watchdogs from properly examining and suggesting changes to the proposals.

He said there has been enough "tinkering" with the crime proposals already.