Pubdate: Fri, 01 May 2015 Source: Vancouver Sun (CN BC) Copyright: 2015 Postmedia Network Inc. Contact: http://www.canada.com/vancouversun/ Details: http://www.mapinc.org/media/477 Author: Tiffany Crawford Page: A4 Cited: Pivot Legal Society: http://www.pivotlegal.org/ Bookmark: http://www.mapinc.org/find?267 (Mandatory Minimum Sentencing - Canada) SUPREME COURT TO HEAR MAN'S APPEAL OF MANDATORY MINIMUM SENTENCING The Supreme Court of Canada announced Thursday it will hear the appeal of mandatory minimum sentencing for a Vancouver drug dealer. Joseph Lloyd was convicted of possession for the purpose of trafficking after he was arrested by police two years ago for carrying fewer than 10 grams of heroin, crack cocaine and crystal methamphetamine. The amount of drugs considered possession for the purpose of trafficking is more than six grams. At sentencing, Lloyd told the court he was addicted to all three drugs, according to the Pivot Legal Society which intervened in the case at a B.C. Court of Appeal hearing. Pivot argues that mandatory minimum sentences for possession for the purpose of drug trafficking, which was introduced in 2012 as part of Prime Minister Stephen Harper's tough-on-crime agenda, have a disproportionate effect on women, young offenders, aboriginal people and people who are involved in the drug trade because of their addiction. Some people with drug addiction are trading drugs, rather than selling them, and Pivot argues a lengthy jail term for a low-level crime is an unfair punishment. In February 2014, a provincial court judge agreed and found the mandatory minimum sentence in Lloyd's case could amount to cruel and unusual punishment, and declined to impose the mandatory jail term of one year. However, that decision was later overturned by the B.C. Court of Appeal, which increased his sentence to 18 months. During the appeal, Pivot intervened and argued that mandatory minimum sentences are "bad public policy" for everyone, but they have the most harmful impact on the least serious offenders. The Supreme Court of Canada will now determine if the sentence violates the Charter of Rights and Freedoms. A date to hear the appeal has not been set. In March 2013, Lloyd, a resident of the Downtown Eastside, was riding his bicycle when he was stopped by Vancouver police officers for riding on the sidewalk. The officers searched Lloyd and found a knife. He was arrested for breaching the conditions of his probation on a prior drug conviction. Police found the drugs after he was arrested. - --- MAP posted-by: Jay Bergstrom