A Liberal bill wants to put an end to mandatory minimum sentences for drugs and some gun related crimes. (File photo/ paNOW Staff)

By Nigel Maxwell

Crime and politics

Liberal plan to repeal mandatory minimum sentences, receiving mixed reviews

Feb 25, 2021 | 4:55 PM

The president of the union representing legal aid staff and lawyers in Saskatchewan, says the Liberal government’s recent bill that will put an end to mandatory minimum sentences for drugs and some gun related crimes, is a missed opportunity and fails to address some bigger, more complex issues.

Julia Quigley, who is also a legal aid lawyer in Prince Albert, told paNOW she is cautiously optimistic about the bill. She noted indigenous peoples and other minority groups are disappropriately impacted by mandatory minimum sentences. She also explained the sentences, brought in under the previous Conservative government, have a big impact at the bargaining table with the Crown.

“You’re automatically at a disadvantage and it actually has systemic effects as well because it induces people to go to trial when they might not otherwise so it really slows down the court process as well,” she explained, adding this can in turn have an impact on a number of other actors in the system like delaying trials, or having people languishing on remand longer.

The proposed legislation would require police and prosecutors to consider alternative measures for cases of simple possession of drugs, such as diversion to addiction-treatment programs. Quigley said the criminal justice is really good at determining guilt and innocence, but is not such a good system when it comes to dealing with complex addictions and mental health issues.

“And the problem is [treatment] is a very expensive and less effective way of dealing with those addictions,” she said.

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In terms of a better solution, Quigley explained the union would prefer a mass investment in addictions and mental health at the provincial level, so people can get the support they need outside the criminal justice system.

“Because really [the bill] is criminalizing the same behaviour, just perhaps not as harshly as under the previous system,” she said.

Response from the Prince Albert Conservative MP

The legislation is one of several measures the federal Liberals have promised to address systemic racism in the justice system. Justice Minister David Lametti has said the planned measures would turn the page on an approach that has not worked in the past. Prince Albert MP Randy Hoback told paNOW he does not see himself supporting the bill.

“You don’t ever want to throw somebody in jail that just did something stupid, and put him on the wrong path, but having said that you want to deal with bad people and you have to deal with them accordingly and mandatory sentences help us to do that,” he said.

Hoback said he is also troubled by the fact the government is proposing to take something away, but not suggesting a viable alternative. Hoback added he might also be re-assured if the courts could demonstrate a level of balance between rehabilitating the offender, while also providing justice for the victim.

“If we can see more consistency out of the courts in how they go about conducting themselves, then I think there’s no need for mandatory sentences and I think you can trust the judge to do that, but historically that hasn’t always been the case,” he said.

Using the example from his own riding, Hoback said mandatory sentences are one way to help ensure rural crime is dealt with.

Prince Albert’s ongoing issues with drugs and guns

Prince Albert’s issues with guns and drugs have long been documented. For the period ending Nov. 30, 2020, there were 127 incidents related to drug possession. This represented a 13 per cent increase compared to the same period in 2019. When interviewed at the time by paNOW, Police Chief Jon Bergen could not say why the numbers were so high but credited the work of officers on the ground.

“I can tell you the work they have been doing has been fair exceptional and that’s coming out of the integrated crime reduction team, who is working side by our side with our street enforcement team,” he said.

The most recent crime statistics were presented during Thursday’s Board of Police Commissioners meeting. For the month of January, Prince Albert Police seized eight firearms – the majority (five) coming from searches of vehicles and homes. The five year average for weapons charges total 14.8.

With respect to drugs, there were 10 charges laid last month for possession. The top drug types seized were methamphetamine, cocaine, crack cocaine, ecstasy, and cannabis resin. The greatest seizures during the month by both weight and occurrence included the 412 grams of meth and 202 grams of crack cocaine.

“We know what kinds of drugs are affecting or impacting our community and meth is typically the most commonly seized, or the greatest amount seized of drugs,” Chief Bergen said.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell

— with files from the Canadian Press