Pubdate: Sat, 31 Dec 2011
Source: Daily Gleaner (CN NK)
Copyright: 2011 Brunswick News Inc.
Contact:  http://dailygleaner.canadaeast.com/
Details: http://www.mapinc.org/media/3857
Author: Tobi Cohen
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

NICHOLSON BRACES FOR WRATH OVER CRIME BILL

OTTAWA - Canadian jail cells are not going to be brimming with 
teenagers and college kids who share pot with their pals, according 
to Justice Minister Rob Nicholson, who maintains one of the most 
contentious facets of his omnibus crime bill has been grossly misrepresented.

Mandatory minimum sentences for marijuana production are designed to 
target organized crime, gangs and grow-ops, he said in a year-end 
interview with Postmedia News.

They don't apply to young offenders and even new provisions that aim 
to penalize adults who are trafficking drugs around schools mean 
perpetrators would have to be caught with an "eight-pound joint" to 
be saddled with a mandatory minimum under the Safe Streets and 
Communities Act, he argued.

"For the most part the laws with respect to marijuana aren't changed 
but they are changed with respect to trafficking associated with 
organized crime, gangs and grow-ops for the purpose of trafficking," he said.

"I want to make that very clear because it was not clear in some of 
the criticisms. If somebody was thrown in jail under this bill, they 
were in the business of trafficking."

It's been a particularly acrimonious year for Nicholson, who has come 
under fire for bundling nine vastly different bills into one and 
pushing it through Parliament with his party's new majority. Next 
year isn't expected to be any easier.

In January, Nicholson will meet with his provincial counterparts in 
what will undoubtedly be a difficult session.

Ontario and Quebec both have refused to pick up additional costs 
associated with the C-10 crime bill.

Quebec's Justice minister also recently left Ottawa fuming after the 
federal government refused to consider amendments aimed at preserving 
Quebec's approach to criminal justice, which favours rehabilitation 
and reintegration, particularly where youth are concerned.

An old government cost breakdown associated solely with amendments to 
the Youth Criminal Justice Act - which was among the pieces of 
legislation wrapped into the crime bill after the government failed 
to pass it in previous minority Parliaments - reported incarceration 
levels would increase by 33 per cent at a cost of $717 million over 
five years. And half of that would be absorbed by the provinces.

Nicholson, however, has stood by newer figures that suggest the 
entire omnibus law would cost the federal government $78.6 million 
over five years.

The government has not speculated on costs to the provinces but 
Nicholson knows exactly what he'll say to his counterparts when the 
subject comes up.

"One of the things that I will reiterate is that we have acted on a 
number of the measures that they have proposed to us," he said, 
noting many of the changes to the Youth Criminal Justice Act, as well 
as an earlier decision to eliminate two-for-one sentencing, were 
based on their advice.

"I say to them many of the costs associated with C-10 will be borne 
by the federal government with respect to the prosecution of drugs, 
which is a major component of this, and that the federal government 
has increased its allotment to the provinces every single year we 
have been in government, most recently by $2.4 billion."

That said, the cost to provinces could be significant since they are 
responsible for the administration of justice.

Certain provisions in C-10 - such as the elimination of house arrest 
for repeat and serious offences, including those punishable by a 
minimum term of imprisonment - are likely to translate into many more 
people serving provincial time.

Although missing data for Quebec and the Northwest Territories, 
figures obtained by Postmedia News from the Canadian Centre for 
Justice Statistics indicate some 11,634 individuals received a 
conditional sentence in 2009-10.

According to the figures, 2,302 were sentenced to house arrest for 
drug trafficking, 205 for sexual assault and 1,042 for major assault. 
While it's impossible to know the exact nature of the crimes from 
these statistics, these are the sorts of infractions for which house 
arrest may no longer be available as an option.

Statistics suggest it costs the federal government $323 a day, or 
nearly $118,000, to incarcerate an inmate for a year, while the cost 
to the provinces is, on average, $172 a day or more than $62,800 a 
year, according to 2008-09 figures.

By comparison, it costs the Ontario government, for example, $5.12 
per day - about $1,869 a year - to supervise an inmate under house arrest.
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MAP posted-by: Jay Bergstrom