Pubdate: Mon, 04 May 2009
Source: National Post (Canada)
Copyright: 2009 Canwest Publishing Inc.
Contact:  http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Janice Tibbetts, Canwest News Service
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

PROPOSED DRUG LAWS COME UNDER FIRE AT HEARINGS

'Clog Prisons'; Mandatory Minimums Don't Stop Crime, Opponents Say

(CNS) - Under Canada's proposed new drug laws, an 18-year-old who 
shares a marijuana joint with a 17-year-old friend could end up in jail.

Small-time addicts, who are convicted of pushing drugs near schools, 
parks, malls or any other prospective youth hangouts, would be 
automatically imprisoned for two years.

And growers caught selling even one plant to a friend would also be 
incarcerated.

The Harper government's bill to impose Canada's first mandatory 
minimum prison sentences for drug crimes -- removing discretion for 
judges to sentence as they see fit --has come under intense scrutiny 
in public hearings, which began last week.

Several witnesses have warned the House of Commons justice committee 
the proposed legislation will fill jails with drug addicts rather 
than drug kingpins, who will continue to thrive while small-time 
dealers are knocked out of commission.

The all-party committee will today hear from another half dozen 
opponents, including Ottawa drug policy analyst Eugene Oscapella.

"It's a wonderful gift to organized crime," said Mr. Oscapella, a 
lawyer who teaches at University of Ottawa.

"We're going to drive some of the smaller players out of the business 
and they'll be replaced by people who do not respond to law 
enforcement initiatives."

The Conservative government proposes to automatically jail dealers 
and growers at a time when several U. S. states, most recently New 
York, have retreated from mandatory minimum sentences, saying they 
are a glaring symbol of the failed U.S. war on drugs.

"We're going in exactly the opposite direction," said New Democrat 
Libby Davies, MP for Vancouver East, whose party will vote against the bill.

The Bloc Quebecois also opposes the legislation, which was originally 
introduced in late 2007, but died last September when the federal 
election was called.

The bill would pass in the minority Parliament if the official 
Opposition Liberals decide to support it -- and MP Brian Murphy 
cautioned that "the jury is still out" for his party.

"The aim of the bill is laudable, we have to crack down on organized 
crime and the cash cow for it seems to be drugs," said Mr. Murphy.

The Liberals, at this stage, would probably push for amendments to 
narrow the bill's reach, rather than vote against it, he said.

The U. S. experience in the past 25 years has shown that mandatory 
minimum sentences have flooded jails, with a disproportionate effect 
on drug addicts, the poor, the young, blacks and other minorities.

The United States surpasses every other country by far in 
incarceration rates and, meanwhile, the drug business has flourished.

Justice Minister Rob Nicholson, who appeared at the justice committee 
to defend his bill, was unable to supply any evidence from other 
countries that mandatory minimum sentences have made any difference 
in reducing drug crime. Two studies prepared for the Justice 
Department, one in 2002 and the other in 2005, say that mandatory 
minimums do not work.

But Mr. Nicholson asserted that the proposed legislation is a smart 
response to a public outcry to crack down on the growing "scourge" of drugs.

"I can tell you there is support for this bill from many ordinary 
Canadians who are quite concerned about drug abuse," said Mr. 
Nicholson, who called for expedited passage of the legislation.

Ms. Davies has unsuccessfully challenged the government to supply 
estimates on how many more people would be incarcerated if the law 
passes, and the anticipated cost for provincial governments, who are 
responsible for jails housing offenders serving sentences of less 
than two years.

"It's going to clog up the prison system," she warned.

Critics also contend the bill is poorly drafted because it is overly 
broad and unclear. For instance, the proposal to automatically 
imprison for at least two years anyone caught selling drugs "near a 
school" or "any other public place usually frequented by persons 
under the age of 18" could mean virtually anywhere in an urban area, 
says the Canadian Civil Liberties Association.

"Any place other than those where minors are not permitted could fall 
under that legislation and thus require a two-year minimum sentence 
be imposed," Graeme Norton, director of the group's public safety 
project, told the committee.

The proposed legislation would impose one-year mandatory jail time 
for marijuana dealing when it is linked to organized crime or a 
weapon is involved.

The sentence would be increased to two years for dealing drugs such 
as cocaine, heroin or methamphetamine to young people, or pushing 
drugs near a school or other places frequented by youths.

The bill would mean minimum six-month sentences for growing one to 
200 marijuana plants to sell, and two years for big-time growers of 
500 plants or more.
- ---
MAP posted-by: Jay Bergstrom