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.
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