Pubdate: Wed, 28 Sep 2005
Source: Ottawa Citizen (CN ON)
Copyright: 2005 The Ottawa Citizen
Contact:  http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Cristin Schmitz
Bookmark: http://www.mapinc.org/rehab.htm (Treatment)
Bookmark: http://www.mapinc.org/find?241 (Methamphetamine - Canada)

MPS PONDER MANDATORY TREATMENT FOR CRYSTAL METH-ADDICTED CRIMINALS

MPs want to examine whether the Criminal Code should be amended to force 
treatment on crystal meth-addicted criminals as part of a bill the federal 
government will table in the next few weeks to reform conditional sentences.

Conservative justice critic Vic Toews said street workers he met with last 
week in British Columbia implored him to press the federal government for 
legislation to compel treatment for the growing number of addicts sentenced 
to prison after committing serious crimes, including homicide, while under 
the effects of highly addictive methamphetamine.

"To me, as an ex-prosecutor, hearing people talking about mandatory drug 
treatment is quite a radical suggestion because mandatory treatment was 
never viewed as effective," Mr. Toews said.

"What these individuals are saying is 'these people think they are in 
control, but they are out of control and there is absolutely no way you can 
reach these individuals except by incarcerating them and then having 
mandatory treatment'."

Mr. Toews stressed that the brain damage caused by the synthetic stimulant 
makes it a quite different problem from drugs like heroin.

Several provinces are looking at amending their mental health laws to deal 
with crystal meth outside the criminal context. Alberta has enacted a law 
to give families the right to ask a court to force their drug-addicted 
children into treatment. Saskatchewan is considering following suit.

Justice Minister Irwin Cotler has said he intends to introduce a bill in 
the next few weeks that will sharply limit the use of house arrest and 
other conditional sentences in cases that involve sexual or serious violent 
crimes.

The bill will not deal with sentencing for crystal meth in particular.

But when it goes before the Commons justice committee for study, Windsor MP 
Joe Comartin, the NDP justice critic, said he would be willing to look at 
the idea of forced treatment for meth addicts in prison.

Mr. Comartin stressed that the evidence he has seen on forced treatment for 
heavy users suggests it doesn't work.

"But we may have a different set of circumstances here for crystal meth ... 
because that seems to have some of its own particular dynamics," he observed.

MPs will have to consider whether it would be more appropriate to leave the 
issue to be dealt with solely under provincial health legislation.

Department of Justice lawyer David Daubney, who oversees sentencing reforms 
for the government, noted forcing treatment on those who commit crystal 
meth-related crimes could run afoul of the addicts' Charter rights to 
liberty and security of the person and not to be subjected to cruel and 
unusual punishment.
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MAP posted-by: Jay Bergstrom