Backgrounder Mandatory prison sentences for serious drug crimes

The Government today re-introduced amendments to the Controlled Drugs and Substances Act (CDSA) which was originally tabled in November 2007. The legislation provides mandatory jail time for producing and selling illegal drugs, and will allow special penalties to be imposed when offences are carried out for organized crime purposes, or if they involve youth. This legislation supports the National Anti-Drug Strategy's efforts to combat illicit drug production and distribution.

The proposed reforms would help disrupt criminal enterprises by targeting drug suppliers. It would send a clear message to growers and traffickers that this illicit activity will not be tolerated, and they will be punished -- especially when their activities involve Canada's youth or trafficking near schools.

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 would include:

• production;
• trafficking;
• possession for the purpose of trafficking;
• importing and exporting; and
• possession for the purpose of exporting.

The Bill would amend 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 marijuana. Generally, the minimum sentence would apply where there is an aggravating factor, including where the production of the drug constituted a potential security, health or safety hazard. Also, the maximum penalty for production of Schedule II drugs, e.g., marijuana, would be increased from 7 to 14 years.

The aggravating factors involve offences committed:

• for the benefit of organized crime;
• involving use or threat of violence;
• involving use or threat of use of weapons;
• by someone who has been 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;
• through involving a youth in the commission of the offence; and,
• in relation to a youth (e.g. selling to a youth).

The security, health and safety factors are:

• 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, and amphetamine drugs would be moved from Schedule III to Schedule I, which would provide access to higher maximum penalties for illegal activities involving these drugs.

Exemption for the Drug Treatment Court

The proposed legislation would allow a Drug Treatment Court (DTC) to suspend 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.

SEE ANNEX A FOR THE PROPOSED NEW MANDATORY SENTENCES FOR SERIOUS DRUG OFFENCES — SCHEDULE I DRUGS (COCAINE, HEROIN, METHAMPHETAMINE, ETC.)

SEE ANNEX B FOR THE PROPOSED NEW MANDATORY SENTENCES FOR SERIOUS DRUG OFFENCES — SCHEDULE II DRUGS (CANNABIS AND MARIJUANA)

ANNEX A

PROPOSED NEW MANDATORY SENTENCES FOR SERIOUS DRUG OFFENCES — SCHEDULE I DRUGS (COCAINE, HEROIN, METHAMPHETAMINE, ETC.)

OFFENCE	MANDATORY PENALTY				NOTES
		w/ Aggravating Factor List A1	w/ Aggravating Factor List B2	w/ Health and Safety Factors3
Production	2 YEARS	n/a	n/a	3 YEARS
Trafficking		1 YEAR	2 YEARS	n/a
Possession for the Purpose of Trafficking		1 YEAR	2 YEARS	n/a
Importing Exporting	1 YEAR	n/a	n/a	n/a	Offence is committed for the purpose of trafficking
	2 YEARS (if more than 1 kg of Schedule 1 substances)
Possession For the Purpose of Exporting	1 YEAR	n/a	n/a	n/a	Offence is committed for the purpose of trafficking
	2 YEARS (if more than 1 kg of Schedule 1 substances)

ANNEX B

PROPOSED NEW MANDATORY SENTENCES FOR SERIOUS DRUG OFFENCES — SCHEDULE II DRUGS (CANNABIS AND MARIJUANA)

OFFENCE	MANDATORY PENALTY				NOTES
		w/ Aggravating Factors- List A1	w/ Aggravating Factor - List B2	w/ Health and Safety Factors3
Trafficking		1 YEAR	2 YEARS	n/a	Offence would have to involve more than 3 kg of cannabis marijuana or cannabis resin
Possession for the Purpose of Trafficking		1 YEAR	2 YEARS	n/a	Offence would have to involve more than 3 kg of cannabis marijuana or cannabis resin
Importing Exporting	1 YEAR	n/a	n/a	n/a	Offence is committed for the purpose of trafficking
Possession for the Purpose of Exporting	1 YEAR	n/a	n/a	n/a	Offence is committed for the purpose of trafficking
Production - 1 - 200 plants	6 MOS	n/a	n/a	9 MOS	Offence is committed for the purpose of trafficking. Maximum penalty will be increased to 14 years imprisonment
Production - 201 - 500 plants	1 YEAR	n/a	n/a	18 MOS	Maximum penalty will be increased to 14 years imprisonment
Production - more than 500 plants	2 YEARS	n/a	n/a	3 YEARS	Maximum penalty will be increased to 14 years imprisonment
Production - oil or resin	1 YEAR	n/a	n/a	18 MOS	Offence is committed for the purpose of trafficking

¹ Aggravating Factors List A

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 involving a Schedule I or II substance.

² Aggravating Factors List B

The aggravating factors include offences committed:

• 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).

³ Health and Safety Factors

• 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;
• the accused placed or set a trap.