Pubdate: Sun, 21 Aug 2005
Source: Kelowna Capital News (CN BC)
Copyright: 2005, West Partners Publishing Ltd.
Contact:  http://www.kelownacapnews.com/
Details: http://www.mapinc.org/media/1294
Author: Marshall Jones
Bookmark: http://www.mapinc.org/find?241 (Methamphetamine - Canada)
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

CRYSTAL METH SENTENCE CHANGE PRAISED

Higher maximum sentences for people convicted of creating, selling or
even carrying crystal methamphetamine will not necessarily result in
higher sentences, says a Kelowna lawyer.

Bill Clarke, an experienced defence lawyer, said the federal
government's announcement last week that it would increase maximum
penalties to life in prison from 10 years in jail need not have any
impact on a judge's discretion.

"Practically speaking, it means that the judicial system is to take a
more stern approach to sentencing an accused due to the fact that such
narcotics are more of a danger to society," he said.

"The reality is that judges still have discretion to have any
sentencing range they wish."

The federal government announced last week that crystal meth would
finally be bumped into a classification on par with cocaine and heroin
instead of marijuana. With it comes the potential for stiffer penalties.

But Ottawa stopped short of implementing mandatory minimum sentences,
which is the only way of guaranteeing longer jail terms but leaves no
room for judicial discretion.

Crystal methamphetamine is making a comeback in Canada's Western prov
inces, particularly in rural communities and with certain segments of
youth. One Kelowna drug squad officer said it is second only to crack
cocaine in use here and is increasing steadily.

Sometimes called poor-man's cocaine, crystal meth or speed, is an
addictive drug that can be smoked to maintain a long-lasting high. The
effects on users are often drastic as they begin to lose sleep and
interest in food.

Gerry Harrington of MethWatch, a group that promotes monitoring some
precursor chemicals found in common drug store supplies, said
increasing sentences for crystal meth traders and makers is long overdue.

"It never made sense, in our view, with how severe the effects of
methamphetamines would have with less severe punishments than for
marijuana," he said. "This is not a monumental change but collectively
it shows they realize the seriousness of the problem."

His organization was started by retail stores to voluntarily watch
over sales of cold medications like Contact C, which contains
pseudoephedrine, used to make meth. The stores fear governments will
restrict the sales of those retail products to clamp down on crystal
meth, when the real problem isn't the home meth labs.

Harrington said most of the crystal meth on the streets was created in
"superlabs" where large organizations are able to get bulk supplies.

"The more important thing is that we deal with the real issues around
demand management and take a balanced approach that covers all the
bases," he said.
- ---
MAP posted-by: Larry Seguin