Pubdate: Thu, 21 Oct 2010
Source: Vancouver Sun (CN BC)
Copyright: 2010 The Vancouver Sun
Contact: http://www.canada.com/vancouversun/letters.html
Website: http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Janice Tibbetts, Postmedia News
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)
Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada)
Bookmark: http://www.mapinc.org/find?241 (Methamphetamine - Canada)

MANDATORY DRUG SENTENCING RETURNS TO SENATE

Bill Faces Greater Chance of Approval

A Conservative bill to jail offenders caught growing five or more 
marijuana plants was back before the Senate Wednesday, a year after 
it made the rare move of watering down the government's proposals by 
raising the bar to 200 plants.

Justice Minister Rob Nicholson ignored the Senate amendments when he 
resurrected his proposed legislation last spring, and the upper 
chamber, which has fewer Liberals than it did a year ago, has less 
muscle to balk this time around.

Nicholson warned a Senate committee Wednesday that amending his 
proposed legislation again "would severely weaken the bill" so that a 
person involved in organized crime could have 150 plants in several 
locations and escape jail nonetheless.

"This is directed at traffickers, the people who would sell drugs to 
children," Nicholson said.

He said there is no way that someone who grows 150 plants does not 
intend to sell marijuana, although he acknowledged it could be harder 
to prove trafficking when a grower is caught with seven plants.

His bill, if passed, would impose mandatory incarceration for a 
variety of drug-related crimes for the first time in Canada, adding 
to more than two dozen criminal offences that already carry automatic 
imprisonment.

The makeup of the Senate has changed since it voted 49-43 last 
December to amend the bill, making it one of the only times in recent 
years that the upper chamber altered a proposed government law.

There are now 52 Conservatives, 49 Liberals and four others.

The Tories still do not have the majority they need to ensure the 
bill sails through without amendments, but they have more pull than 
they did a year ago.

Nicholson revived his bill after his former proposals died when Prime 
Minister Stephen Harper prorogued Parliament last December.

The first bill passed easily in the House of Commons in June 2009 
after the Liberals teamed up with the Conservatives, despite 
grumbling within Grit ranks that they were being told to support a 
bad bill so they wouldn't be accused of being soft on crime.

Nicholson's proposed legislation would impose mandatory six-month 
terms for growing five or more plants with the intent to sell them, 
and one-year sentences when marijuana dealing is linked to organized 
crime or a weapon is involved.

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

While the Liberals in the Commons supported the last bill, Liberal MP 
Brian Murphy, who sits on the Commons justice committee, has said 
that his party's continued backing is not "a sure bet."
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MAP posted-by: Richard Lake