Pubdate: Fri, 12 Aug 2005 Source: Regina Leader-Post (CN SN) Copyright: 2005 The Leader-Post Ltd. Contact: http://www.canada.com/regina/leaderpost/ Details: http://www.mapinc.org/media/361 Author: Allan Woods, CanWest News Service Bookmark: http://www.mapinc.org/find?241 (Methamphetamine - Canada) Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) METH LAW A DOWNER, CRITICS SAY OTTAWA -- The latest shot in Canada's war on drugs is a "throw-away political gesture" that will do little to curb the spread of methamphetamine across the country, policy experts, academics and opposition politicians said Thursday. Instead, critics believe the government's decision to increase maximum penalties for producers, users and smugglers of the drug from 10 years to life imprisonment appears designed to draw marginally tougher sentences from a reluctant judicial system, and bring Canada's handling of drug crimes into line with the expectations of the United States government. "They're doing the same old thing. They're saying we've got to do something so let's toughen up the penalties," said Ottawa drug lawyer Eugene Oscapella, of the Canadian Foundation for Drug Policy. "When you get right down to it this is politics. These are politicians pretending to do something." The decision, announced jointly by the Justice, Health and Public Safety Departments, changes the Criminal Code to put methamphetamine into the same class of drugs as cocaine and heroin. "(This is) a kind of wakeup call that deals with something that not only harms the user but the community of which the user is a part," said Justice Minister Irwin Cotler. "It's a comprehensive strategy involving enhanced penalties with regard to possession and trafficking or involving controls on precursor chemicals with a view to really attacking the whole question of production. "We see this as a comprehensive strategy and an ongoing strategy to address and redress a serious harm in our society." In Banff, Alta., the move was applauded by premiers -- particularly in Western Canada where abuse of the drug has been most prevalent. "I think Canadians generally should be very pleased with this news," said Premier Lorne Calvert, adding that the tougher measures should act as a deterrent. "It's something that we as western premiers, when we gathered just weeks ago, called for." The move is also likely to please the U.S., which expressed concern in its most recent annual International Narcotics Control Strategy Report that Canada could become a major source of methamphetamine and the chemicals used to make it, just as this country's marijuana crops are smuggled across the border. "Apparently, one of (the U.S. government's) objectives, and this is unbelievably offensive, is to alter and modify Canadian criminal justice policy in relation to drugs," said Alan Young, a law professor and marijuana advocate at Toronto's York University. "Whether or not this is part-and-parcel of that exercise I have no clue and we'll probably never know, but they've clearly stated this is the direction they want Canada to go in." He suggested Canada's approval of a U.S. request to begin extradition hearings against Vancouver pot merchant Marc Emery, a close friend of Young's who was arrested last month in Halifax, is another example of attempts to appease the Americans. Emery's shop was raided after a lengthy undercover operation in which authorities allege he sold marijuana seeds at an annual profit of $3 million to customers, 75 per cent of whom were American. The allegations also constitute an offence in Canada, but such breaches have rarely been prosecuted. Conservative justice critic Vic Toews said emulating the U.S.'s approach to the war on drugs is a good start, but does not go far enough. "I can't remember the last time anyone dealing in meth received 10 years, so what is the point of increasing it to life in prison?" he asked. "The real issue is if you want prison to be the punishment for methamphetamine ... then you have to impose mandatory minimum sentences. We have to be looking at at least two years." The Justice Department does not have statistics on average sentencing levels for drug convictions involving methamphetamine. B.C. Solicitor John Les said he is "very pleased" with Thursday's announcement, but also questioned how effective the move can be, given the changes were to the maximum levels of sentencing, and not the minimum. "I think the Canadian public ... (is) fed up with seeing people who are engaged in serious crimes such as trafficking in crystal meth -- which I believe is an activity that is akin to being an accomplice to murder -- (get light sentences)," said Les. "I think people expect these things to be treated seriously and not in terms of a slap on the wrist," Les stated. Others agreed that increasing the maximum sentence is only the tip of the iceberg. "Appropriate sentences are really only part of the solution. We need legislation with some teeth in it that will enable police to charge people caught in possession of the precursor chemicals used to make crystal meth," said Edmonton Police Service Acting Staff Sgt. Darcy Strang, head of the Meth Project team. - --- MAP posted-by: Larry Seguin