Pubdate: Mon, 26 Nov 2007 Source: Nelson Daily News (CN BC) Page: Front Page Copyright: 2007 Nelson Daily News Contact: http://www.mapinc.org/media/288 Note: The newspaper does not have an active website. Author: Sara Newham Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada) Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) IT'S A MOVE TOWARD THE AMERICAN DRUG WAR STYLE Proposed Legislation: Federal Legislation Introduced by Tories That's Aimed at Tougher Drug Laws Slammed by Local Marijuana Advocates The Conservatives' proposed legislation to implement mandatory minimum sentences for drug crimes would clog up the courts and increase profits in organized crime according to some Nelson residents. The Tories tabled legislation last week that would see mandatory prison sentences introduced and a longer maximum penalty for cannabis production if it is passed in the House of Commons. "It's a move toward the American drug war style that definitely hasn't worked there and I would say it's a nice little Christmas gift for organized crime," said Paul DeFelice co-owner of the Holy Smoke Culture Shop. DeFelice, Holy Smoke co-owner Alan Middlemiss, and associates Kelsey Stratas and Akka Annis are awaiting trials for a variety of charges under the Controlled Drugs and Substances Act stemming from a police investigation last year. DeFelice is charged with possession of and trafficking in marijuana. Specifically, the government proposed amendments to the Act that would see a mandatory one-year prison sentence for dealing drugs such as marijuana when carried out for organized crime purposes, or when a weapon or violence is involved. Further, anyone who deals drugs like cocaine, heroin, or methamphetamines to youth or for those dealing drugs near a school or area frequented by youth will face a two year mandatory prison sentence. The same sentence will be imposed for the offence of running large marijuana grow operation of at least 500 plants while the maximum penalty for cannabis production would increase from seven to 14 years. Finally, tougher penalties would be introduced for trafficking GHB and flunitrazepam (commonly known as date-rape drugs). Marc Emery, publisher of Cannabis Culture Magazine, known widely as the Prince of Pot and under threat of extradition to the United States for selling marijuana seeds to residents there, agreed with DeFelice and explained that it would just drive up the price of drugs. "It's going to be bad thing for the country in every sense. The first thing that's going to happen is the price of marijuana and all street drugs rise a lot if they started rounding up people and putting them in jail. What that means first and foremost is addicts will steal a lot more from the community to pay for these drugs because the drugs don't stop getting consumed, they just rise in price to compensate for the risk," Emery told the Daily News. "We'll see more of what we have in the United States: [that is] more people carrying guns if they think they're going to be put in jail for mandatory minimums. Some people would just rather have a firefight than get caught if they absolutely know they're going to jail." DeFelice added that it could lead to turf wars. "It drives out the small time people and caters to the tougher biker types and people who have the muscle to protect what they've got. Because the law of the black market is if you can't protect it, somebody will take it and what we see is prohibition crime, not drug crime," he said, in terms of the effect it will have on the pot market. "It's people protecting their turf. They can't go to the court to solve their problems so they have to pull guns on each other so that's what this will lead to." Nelson criminal defence lawyer Tyleen Underwood has defended a number of drug cases. She said that from a legal standpoint, it would put pressure on the court system. "One concern I would have is - depending on where that case is in the court system of course but if it's prior to a plea...then I'd be concerned that we're going to have a lot less guilty pleas," she said. "Accused persons would have no incentive to plead out early if there's going to be some of these mandatory minimums in place so the numbers of trials would increase and that's going to add to our already jam-packed court lists and delay the time that it's going to take for these trials to come on." DeFelice and his associates expect to go to trial in 2008 but because the amendment is not yet law, it is hard to know the effect this legislation could have on the Holy Smoke case. "This bill is just proposed at this point in time so I think right now the judges would continue to use the discretion that they have in terms of sentencing, basically considering all the relevant factors as they do already, considering age, first time offender, motivation for the crime, that sort of thing," Underwood said. Emery explained that if passed, the legislation would result in more snitching that it's easy for police officers to infiltrate high schools and round up the kids dealing marijuana. He explained that there will be thousands more young kids in jails in large numbers. Further, he argues that prostitution will rise as the price of drugs rise and people need more money to feel their addiction. "It will cause more crime, it will cause more addiction, it will cause more social disorder in the community and it will fill the jails and it will eventually drain the treasury," said Emery. The Daily News calls to Minister of Justice Rob Nicholson's office or to RCMP Division E Drug Awareness Coordinator Scott Rintoul were not returned Friday to learn more about the legislation's effect. According to the Minister's press release, the government is sending a clear message that if you sell us produce drugs, you'll pay with jail time. "Drugs are dangerous and destructive, yet we see Canadian youth being exposed to and taking drugs at such young ages, and grow-ops and drug labs appearing in our residential areas," said Nicholson in the release. The release also notes that the new legislation contains an exception that allows courts not to impose the mandatory sentence if an offender successfully completes a Drug Treatment Court (DTC) program. Underwood seems to believe that aside from clogging up the courts, the legislation - if passed - would not deter drug crimes. She also said - with regards to grow-ops - there would be a lot of arguments made as to what constitutes a plant, whether it's a mature plant, clone or clipping and whether or not the marijuana is for personal use or for trafficking. "I'm not sure what deterrent effect these mandatory minimums would have. I don't think that they are going to have a large deterrent effect in these cases." - --- MAP posted-by: Richard Lake