Pubdate: Mon, 04 May 2009
Source: Ottawa Citizen (CN ON)
Copyright: 2009 The Ottawa Citizen
Contact: http://www.canada.com/ottawacitizen/letters.html
Website: http://www.canada.com/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Janice Tibbetts, Canwest News Service
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

PLAN FOR MINIMUM, MANDATORY DRUG SENTENCES DRAWS FIRE

'A Wonderful Gift To Organized Crime,' Ottawa Drug Policy Analyst Says

By Janice Tibbetts, Canwest News Service

(CNS) - Under Canada's proposed new drug laws, an 18-year-old who 
shares a 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 prospective youth hangouts would be automatically 
imprisoned for two years.

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 likely get an earful again today when it 
hears from another half dozen opponents, including Ottawa drug policy 
analyst Eugene Oscapella.

"It's a wonderful gift to organized crime," said 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 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 "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 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 last 25 years has shown mandatory minimum 
sentences have flooded jails, with a disproportionate effect on drug 
addicts, the poor, the young, blacks and minorities.

The U.S. surpasses every 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 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 Nicholson, 
who called for expedited passage of the legislation.

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.
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MAP posted-by: Jay Bergstrom