Pubdate: Sun, 08 Feb 2004
Source: Edmonton Sun (CN AB)
Copyright: 2004, Canoe Limited Partnership.
Contact:  http://www.fyiedmonton.com/htdocs/edmsun.shtml
Details: http://www.mapinc.org/media/135
Author: Keith Bradford and Doug Beazley

BAD YEAR FOR LAB BUSTS

Mounties busted nine methamphetamine labs in Alberta last year, but didn't 
lay a single production or trafficking charge against the suspects behind 
them. Federal "precursor" regulations mean Canadians can buy and store many 
of the chemicals used to make meth without breaking the law. And that makes 
it difficult for police to lay charges in cases where the finished product 
- - methamphetamine - isn't found at the scene.

"We haven't had a good year," said Sgt. Harold Trupish, who heads up 
K-Division's clandestine lab investigation service. "We've taken some 
serious items away, but we haven't had charges.

"If there's no physical evidence, we've got to get an admission from 
somebody that it's theirs. Without that, we've got a lab and we don't know 
who's responsible for it."

A Year Without Charges

RCMP laid several charges in connection with meth lab busts in 2002 and 
last week made their first of 2004 in the Calgary area. But the fact 
Mounties went a year - and nine busts - without laying a production or 
trafficking charge in connection with lab busts highlights the disturbing 
loopholes in federal laws, said Drayton Valley Mayor Moe Hamdon.

"It sends an awful message. I've got to think that (criminals) are sitting 
back laughing because they know they can get away with it," said Hamdon. 
"The police, based on the manpower they have, are doing a great job. But 
they need additional tools."

Hamdon, like solicitor general Heather Forsyth, has been lobbying the feds 
to change their precursor control regulations. The current laws restrict 
the import and export of chemicals used to "cook" meth, but key ingredients 
can still be bought over the counter here.

Ephedrine, for example, is found in many common cold remedies.

Some restrictions are placed on other chemicals typically used to 
manufacture the drug, but unless the finished product is found, it can be 
hard to prove the owner intended to produce meth, said police.

Reviewing The Laws

"We're aware of the difficulties involved in charging and prosecuting those 
found with precursors. It's a matter of closing the loopholes," said Terry 
Jorden, a spokesman for Forsyth's office.

He added the department has a committee reviewing federal laws with the aim 
of recommending harsher laws for precursor possession.

"Once we know what the best approach is, (Forsyth) will make her 
recommendation to her counterparts in Ottawa and the other provinces."

Health Canada introduced a series of new precursor control regulations last 
year, but Forsyth has called for tougher restrictions on the sale of 
ingredients used to manufacture meth. U.S. authorities have also made no 
secret of their frustration with Canada's precursor laws, which are much 
less strict in comparison.

"We can charge based on the apparatus and precursor chemicals found at the 
site," said Bill Garvey, special agent supervisor with the State of California.

"Certain chemicals, found in combination, show the intent under the law to 
manufacture methamphetamine. So anybody we find at the lab site - they go 
to jail. Sentences for precursor possession can range from one to 15 years."

Trupish said it's possible charges could still be laid in connection with 
the 2003 lab busts, but "I wouldn't hold my breath."
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MAP posted-by: Beth Wehrman