A common wrist slap for Jaffer in court

A common wrist slap for Jaffer


Calgary HeraldMarch 11, 2010 2:06 AM



T he water-cooler topic of the day Wednesday was the perceived slap on the wrist given former Reform and Conservative MP Rahim Jaffer. Charged with impaired driving, possession of cocaine and speeding, he received what even the judge in the case conceded was a "break" -- a $500 fine for a careless driving plea, with the more serious charges dropped. Jaffer, 38, was pulled over for allegedly driving 43 km/h over the speed limit in Ontario last fall.

Kory Teneycke, a former spokesman for Prime Minister Stephen Harper, was one of the few Conservatives who didn't dodge questions from reporters Wednesday and argued that a more detailed explanation of the facts is required. "It makes one wonder sometimes if there isn't two levels of justice, one for high-profile people and another for everybody else," Teneycke said. "I think there are probably a lot of Canadians who are looking at this story right now and wondering how is it that these charges could be swept aside in such a manner."

Considering Jaffer's own tough-on-crime messages and the Conservative government's dim view of lenient sentencing by judges, a better explanation is, indeed, necessary. The brief statement by the Crown was only that the charges couldn't be proven in court.

This is not to suggest that Jaffer got special treatment. Even Mothers Against Drunk Driving (MADD Canada), the national anti-drunk driving advocacy group, says Jaffer's deal is not out of the ordinary. "This happens every day in our Canadian courts," said Margaret Miller, the national president of MADD Canada, in expressing disgust that these types of cases aren't dealt with more seriously.

There is no doubt ordinary citizens get off with leniency on similar charges every day. There cannot be one set of laws for the rest of us and tougher laws for public figures like Jaffer. At stake, however, is what is known in legal circles as public confidence in the administration of justice. As a public figure with a history of tough talk on drugs and crime and who is married to Conservative cabinet minister Helena Guergis, Jaffer's profile makes his a special case.

According to reports, the more serious charges against Jaffer were dropped because a rookie police officer failed to follow proper procedures during a strip search of the former politician. Prosecutors apparently felt the evidence would be open to a challenge under the Charter of Rights. This is not unusual. Evidence obtained in violation of an individual's rights is often excluded at trial. But since a 2009 Supreme Court of Canada ruling, there is no automatic exclusion of evidence for charter breaches, so the Crown prosecutor tends to leave that up to the judge. Clearly, the details of this case are important and should be made known.

As Teneycke said, "It speaks to a sense of entitlement and different rules . . . . This is the kind of stuff you've got to nip in the bud."
© Copyright (c) The Calgary Herald