Backgrounder

Date: November 20, 2007

Release: Immediate

Mandatory Prison Sentences for Serious Drug Crimes: Tougher Laws to Stop Producers and Traffickers

The use and abuse of illicit drugs is a serious problem that is increasing in Canada. The Government of Canada is committed to taking effective measures to combat drugs and promote safer and healthier communities. In Budget 2007, the Government of Canada provided $63.8 million over the next two years for the National Anti-Drug Strategy. This is in addition to some $385 million per year that is being spent on current programs and initiatives. The recently announced Strategy aims to reduce the supply and demand for illicit drugs, and support safer and healthier communities. The Strategy has identified three key priorities:

• preventing illicit drug use;
• treating illicit drug addiction; and
• combating illicit drug production and distribution;

As part of the National Anti-Drug Strategy’s effort to combat illicit drug production and distribution, the Government of Canada has introduced legislation that will enhance existing penalties by adding mandatory prison sentences for serious drug offences.

The proposed reforms will target drug suppliers, and will send a signal to growers and traffickers that this illicit activity will not be tolerated, especially when it involves Canada’s youth. The reforms will encompass a range of illegal drugs whose use is detrimental to the health, safety and well-being of Canadians.

Canada and Illegal Drugs: A Growing Concern

The 2004 Canadian Addiction Survey found that the number of Canadians who reported using an injection drug at some point in their life increased to 4.1 million in 2004 from 1.7 million in 1994, pointing to significant drug trafficking activity. According to the RCMP, the number of clandestine labs seized increased to 53 in 2005 from 24 in 2000. The production capacity of the 53 labs exceeded that of all laboratories seized in previous years.

The RCMP’s Drug Situation In Canada – 2005 reports that:

• currency, firearms and cocaine are smuggled back into Canada in exchange for Canadian-grown marijuana;
• proceeds from the sale of marijuana are used to finance other criminal activities; and
• various organized crime groups are collaborating to grow and export marijuana.

A 2005 study (Dr. Darryl Plecas, University College of the Fraser Valley) noted that the number of marijuana grow operations incidents reported by police increased from 1,489 in 1997 to 4,514 in 2003, an increase of over 200% .

Large grow operations imply both future trafficking activity and exporting. Because growers use insecticides, fungicides, fertilizers and other volatile material, and frequently obtain their electricity illegally, marijuana grow operations pose a threat to public health and safety. Production of MDMA (ecstasy) is also on the rise in Canada, and the United States has expressed concern about MDMA being smuggled into the U.S. from Canada.

This increase in drug use and drug-related activity such as trafficking and production threatens Canadians’ safety. These illegal activities have serious impacts on communities, such as increasing rates of petty crime, increased violence, and increased risk to law enforcement officers.

Drug Activity - The Current Law

The Controlled Drugs and Substances Act (CDSA) (http://laws.justice.gc.ca/en/C-38.8/index.html) regulates certain types of drugs and associated substances. These are listed in Schedules I to VIII of the CDSA. The new legislation will amend the CDSA focus on drugs in Schedule I (opiates: opium, heroin, morphine, cocaine and methamphetamine), and Schedule II (cannabis-related, including marijuana).

Currently, there are no mandatory prison terms under the CDSA, but the most serious drug offences have a maximum penalty of life imprisonment.

New Laws to Crack Down on Serious Drug Crimes

Under the proposed legislation, anyone found guilty of a serious drug offence would automatically receive a mandatory term of imprisonment. For the purpose of this initiative, serious drug offences mean:

• Production;
• Trafficking;
• Possession for the purpose of trafficking (PPT);
• Importing and exporting; and
• Possession for the purpose of exporting,

The bill amends the CDSA to include mandatory prison terms for drugs listed in Schedule I, such as heroin, cocaine and methamphetamine, and in Schedule II, such as cannabis and marijuana. Generally, the mandatory sentence would apply where there is an aggravating factor. It would also be increased where the production of the drug constitutes a potential security, health or safety hazard. Also, the maximum penalty for production of Schedule II drugs, e.g., marijuana, will be increased from 7 to 14 years.

Aggravating Factors

The aggravating factors include offences committed:

• for the benefit of organized crime;
• involving use or threat of violence;
• involved use or threat of use of weapons;
• by someone who was previously convicted (in the past 10 years) of a serious drug offence;
• in a prison;
• in or near a school, in or near an area normally frequented by youth or in the presence of youth;
• in concert with a youth
• in relation to a youth (e.g. selling to a youth)

Health and Safety Factors

These include:

• the accused used real property that belongs to a third party to commit the offence;
• the production constituted a potential security, health or safety hazard to children who were in the location where the offence was committed or in the immediate area;
• the production constituted a potential public safety hazard in a residential area; and
• the accused placed or set a trap.

Also, GHB and flunitrazepam, most-commonly known as date-rape drugs, will be moved from Schedule III to Schedule I, which will provide access to higher maximum penalties for illegal activities involving these drugs.

Exemption for the Drug Treatment Court

The legislation will allow the Drug Treatment Court (DTC) to impose a penalty other than a mandatory sentence on an offender who has a previous conviction for a serious drug offence where:

1. the offence involves no other aggravating factors; and
2. the offender successfully completes the DTC treatment program.

By suspending the imposition of a sentence while the addicted accused person takes an approved treatment program, Drug Treatment Courts encourage the accused person to deal with the addiction that motivates their criminal behaviour. If the person successfully completes the program, the court normally imposes a suspended or reduced sentence.

The policy of drug treatment courts is to accept into their programs only those accused who are non-violent and are not involved with organized crime. Many have trafficked in small amounts of drugs to support their addiction. Over 90 per cent of these participants have prior drug convictions, most notably for trafficking and possession for the purpose of trafficking and so would be subject to a mandatory penalty. This aggravating factor would prevent many offenders from entering the drug treatment court program. Therefore, an exemption from the mandatory penalty is provided for in the legislation. This allows the court to suspend the imposition of a sentence and, if the person successfully completes the court-approved drug treatment program, it may impose a lesser sentence, as long there are no other aggravating circumstances with respect to the drug offence before the court.

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Department of Justice Canada
November 2007