Thursday, March 11, 2010

One law for some

How often has it been said that there's one law for the rich and powerful, another law for the rest of us?

On Tuesday, in the quaint little town of Orangeville, Ontario, a former Member of Parliament, Rahim Jaffer (Conservative, Edmonton) , struck a plea bargain with the local crown attorney (political affiliation unknown).

The young Gaffer pled guilty to a charge of careless driving. The Crown withdrew criminal charges related to cocaine possession and drunk driving. Crown attorney Marie Balogh said only that there were "significant legal reasons," and no reasonable prospect of conviction. She offered no further explanation.

The judge said the ex-MP "caught a break". Indeed. He paid a fine of $500, and, no doubt out of the goodness of his heart, made a $500 contribution to "a charity". [Possibly Mothers Against Drunk Driving? ed.] And he gets to keep driving.

Jaffer, by the way, happens to be the husband (spouse? partner?) of Helena Guergis (Conservative, Simcoe Grey), Minister of State for the Status of Women in the government of "Call Me Steve" Harper. Walt is sure that connection had no bearing on the Crown's decision to slap Jaffer's wrist and send him on his way.

The rain it falleth on the just
And on the unjust fella,
But mostly on the just because
The unjust hath the just's umbrella.

Footnote: Read "From poster couple to problem couple". The Winnipeg Free Press calls Rahim and Helena a "poster couple for political entitlement". Walt invites readers to nominate other political couples for a suitable award.

3 comments:

  1. The word “Crown”, referred to in the phrase “Crown attorney Marie Balogh”, refers to the “Crown of the United Kingdom of Great Britain and Northern Ireland”.

    The provinces of Canada, Nova Scotia and New Brunswick expressed their desire to be federally united into one Dominion under the Crown of the “United Kingdom of Great Britain and Ireland”, not the Crown of the “United Kingdom of Great Britain and Northern Ireland”, according to the British North America Act, 1867.

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  2. Sorry, but I don't take your point.
    First of all, the old BNA Act was superseded by the new constitution of 1982.
    Secondly, according to Agent 3, who practised law in Ontario for a number of years, the usage "Crown", referring to an attorney representing the state (either Canada or a province of Canada) refers to "the Crown in right of Canada", which is the formal style used in Canadian legalese.

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  3. Point of historical accuracy...
    The text of the British North America Act begins:
    Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland...
    "Provinces of Canada" refers to TWO provinces, Lower Canada and Upper Canada, which had their own governors, legislatures etc. These became Quebec and Ontario.
    As for "Northern Ireland", there was no such thing until 3 May 1921. In 1867 Her Britannic Majesty Queen Victoria was styled as "Queen of Great Britain and Ireland".

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