Pubdate: Thu, 24 Jul 2014
Source: National Post (Canada)
Copyright: 2014 Canwest Publishing Inc.
Contact: http://drugsense.org/url/wEtbT4yU
Website: http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Marni Soupcoff
Note: Marni Soupcoff Is Executive Director of the Canadian
Constitution Foundation, Theccf.CA.
Page: A10

THROWING THE BOOK AT THE WRONG CRIMINALS

It's Possible for Someone WHO Sells Marijuana to Do More Jail Time 
Than Someone WHO Produces Child Pornography

My sense of justice is always most outraged by crimes that directly 
harm others, particularly when the motive is self-enrichment. With 
ex-London, Ont., mayor Joe Fontana's expenses forgery, we see both: 
Mr. Fontana left taxpayers on the hook for $1,700 that they didn't 
owe, and, according to the judge who sentenced him, "personal gain 
appears to be the only motive." Mr. Fontana is now facing four months 
of house arrest and 18 months of probation.

There is something profoundly unsettling about this outcome. For 
abusing his role as a public official to make himself financially 
better off at others' unwilling expense, Mr. Fontana will spend no 
time behind bars. Yet many Canadians who commit victimless crimes, 
many of which provide them little or no material benefit, are sent to 
jail for months.

An individual who grows six marijuana plants to sell to adult friends 
or acquaintances is currently subject to a mandatory minimum sentence 
of six months' incarceration. We're talking about at least half a 
year in jail for an action that involves no fraud or force or 
dishonesty, and that leaves everyone involved believing themselves 
better off as the result of a voluntary transaction. Just possessing 
more than 30 grams of pot is enough to land one in the slammer.

When I think of Joe Fontana's sentence, I also think of Bruce 
Montague, the Ontario man who expressed principled opposition to 
changes in Canada's gun laws by purposely and publicly letting his 
gun licences expire. Mr. Montague was a well-respected gunsmith 
(local law enforcement used his services), and he purposely let his 
business licence expire as part of his protest as well. The result? 
Mr. Montague was sentenced to 18 months in jail (he served more than 
half a year), and now the government is trying to seize his life 
savings, including his family home.

My view is certainly biased to an extent, because while I don't know 
Mr. Fontana, I do know and respect Mr. Montague, whom my organization 
The Canadian Constitution Foundation represents. However, I don't 
believe I'd be alone in finding a fundamental unfairness when 
comparing the two men's treatment. Mr. Fontana defrauded the 
government, while Mr. Montague hurt no one. Mr. Fontana enriched 
himself to the tune of $1,700, while Mr. Montague made nothing. 
According to the judge in his case, Mr. Fontana appears to have been 
motivated purely by a desire for personal gain, while Mr. Montague 
was motivated by a desire to alert Canadians to what he saw as an 
unconstitutional deprivation of freedom.

If one of these two men deserved to be punished with jail time, 
surely it was not Mr. Montague.

I realize that sentencing decisions usually involve a certain amount 
of judicial discretion (and they may soon involve more, if the 
government's recently introduced mandatory minimum sentences continue 
to raise judicial ire). There comes a point, though, when we must 
look at the outcomes in the justice system and ask ourselves whether 
they are in fact fair and constitutional. Can we really believe it's 
equitable to punish victimless crimes more harshly than those with 
victims? That someone who sells marijuana should potentially do more 
jail time (minimum six months) than someone who produces child 
pornography (minimum 90 days if a summary conviction)? That Bruce 
Montague should spend six months incarcerated while Joe Fontana spends none?

Justice means doling out punishments that are commensurate with the 
severity of the bad acts committed and the harm done. We are a long 
way from achieving it.
- ---
MAP posted-by: Jay Bergstrom