December 9,2010

The Hon. Rob Nicholson, P.e., M.P.
Minister of Justice
Room 105 EB
The House of Commons
Ottawa, ON KIA OA6

 

Dear Minister Nicholson,

I regret that I must write to you yet again to correct statements you have made accusing Liberal Senators of "stalling" your crime bills.

In your press conference of December 8, you accused the Opposition of "stalling" on "very important bills", and, when asked for particulars, you pointed to Bill S-10, the Act to amend the Controlled Drugs and Substances Act. You said:

"That bill has been before Parliament for almost two years. The Senate has had it for about a year and a half."

This is incorrect and misleading.

As you know, Bill S-10 has not been before Parliament for two years. Your government chose to prorogue Parliament last December in order to avoid difficult questions about the treatment of Afghan detainees on your watch. Parliament only returned on March 3, 2010. You then waited to reintroduce the bill for another two months, on May 5, 2010: That is seven months that the Bill has been before the Senate - contrasted to five months that your Government delayed its progress.

Seven months is an eminently reasonable period of time for the Senate to study this bill. The bill has been controversial. Yet again, you have opted to put forward illusory solutions to serious issues. Instead of devising thoughtful policies that could work to address drug abuse, this bill - like so many in your law-and-order agenda - amends the Criminal Code to apply mandatory minimum prison sentences'¬

The problem is, mandatory minimum sentences do not work to deter crime. And this is a conclusion you yourself reached.

In 1988, you served as Vice-Chair of a Parliamentary Committee that recommended that mandatory minimum sentences not be used, except in the limited case of repeat violent sexual offenders. You said they are not effective and carry prohibitive costs. Your report also noted that they cause "distortions" in the justice process.

It is not "tough on crime" to impose ineffective solutions, especially those that you have noted could cause problems for the justice system. Frankly, it is irresponsible governing.

The costs of your crime agenda have been estimated to be in the billions of dollars -and this at a time when your government has already run up the largest deficit in Canadian history. Meanwhile, your government, which came to power promising a new era of openness and transparency, has refused to disclose the anticipated costs to Canadian taxpayers of this agenda. Most recently, you alleged "Cabinet confidences" prevent the disclosure.

I fail to understand how the costs of your policy program could be a Cabinet confidence, any more than any details of any policy reached by a government. One suspects that in fact, your government is hiding behind this spurious claim, because you are either unwilling to admit to Canadians how many billions this misguided prison spree will cost -or that you embarked on this folly of a crime policy for political and ideological reasons, and actually do not know yourself how much it will cost Canadians.

You attach titles to your bills such as "The Truth in Sentencing Act" yet you are not being truthful with Canadians about your crime agenda. You are not being truthful about their ineffectiveness to deter crime -and you are refusing to be truthful about the costs that Canadians will have to pay for these ineffective steps.

As I wrote to you last February, justice above all depends upon truth. As our country's Minister of Justice and the Attorney General of Canada, your first allegiance must always be to the truth, far beyond any political or partisan gamesmanship. Our system of justice depends upon it. Needless to say, I am once again disappointed that you do not concur with this very basic proposition.

It is a simple fact that the Liberal opposition -and in particular, Liberal senators -have not "stalled" your crime agenda. Once again, the facts speak for themselves:

Your government has introduced 17 crime-related bills in the House of Commons in this session. Of these:

• One passed both Houses and received Royal Assent;

• 4 sit at first reading in the House of Commons, all since late October or early November, without your Government having brought them forward for debate or further action;

• 8 are being studied in committees in the House of Commons;

• One is at report stage in the House of Commons;

• 2 passed the House of Commons in the past few days, and received 1st reading in the Senate on December 7;

• One came to the Senate on November 18, passed 2nd reading in the Senate, was referred for study to committee, and reported back to the Senate on December 8. It is now at 3rd reading. (It spent more than five months in the House of Commons.)

It is clear that Liberal senators have not "stalled" any of these bills. The overwhelming  majority - 13 of the 17 bills - remain in the House of Commons.

Your government also chose to initiate five of your crime-related bills in the Senate:

• 4 of these 5 bills passed the Senate; one received Royal Assent.

• The 5th bill, Bill S-10, is currently being debated at 3rd reading.

Fully 13 of these 22 bills had been previously introduced by this Government, some several times. They died on the Order Paper when Prime Minister Harper prorogued Parliament for his own personal reasons. In other words, their progress was delayed because of the actions of your government.

It reflects poorly on a government when its members must seek to cast blame on others for their own failings. When it is the Minister of Justice - the individual responsible for upholding our laws and regulations, and ensuring that Canada is a just country - then our justice system is eroded.

Minister Nicholson, you cannot expect Canadians to take responsibility for their actions, when you, the head of our justice system, do not. Accordingly, I am confident that you will wish to quickly correct the record, and acknowledge that the Liberal opposition in the Senate has not in fact "stalled" your Government's anti-crime agenda.

I look forward - once again - to your clarification of these issues for Canadians.

Yours very truly,

 

James S. Cowan

Cc: The Right Honourable Stephen Harper, Prime Minister of Canada
Cc: The Honourable Marjory LeBreton, Leader of the Government in the Senate

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