Pubdate: Wed, 09 Mar 2005
Source: Toronto Sun (CN ON)
Copyright: 2005, Canoe Limited Partnership.
Contact:  http://www.canoe.com/NewsStand/TorontoSun/home.html
Details: http://www.mapinc.org/media/457
Author: Kathleen Harris, Ottawa Bureau
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

MPS SET TO WAR OVER POT

Commons Justice Committee To Review Decriminalization Plan

United in the belief that Canada must declare war on marijuana grow ops, 
MPs are going to battle over how to combat the deadly menace. The strategy 
to stamp out the commercial grow houses -- often booby-trapped and linked 
to organized crime -- will take centre stage next month as the Commons 
justice committee pores over the plan to decriminalize pot.

Under the Liberal government's proposal, maximum prison sentences for 
large-scale cultivators would double to 14 years from the current seven.

But Tory MP Mark Warawa called that a "naive" attempt at tackling a problem 
that's escalating at an alarming rate.

"Canada is one of the most lenient nations when it comes to enforcing our 
drug laws," Warawa said.

"For producing marijuana, the fines are an average of $1,500, which is 
considered just a small cost of doing business. For a small investment, 
organized crime can make millions of dollars."

'SOFT' APPROACH

Because of Canada's "soft" approach, marijuana is flowing across the border 
to the U.S., where it's traded for cash, cocaine and illegal firearms, 
Warawa said. Boosting maximum sentences is meaningless because courts 
aren't imposing anything close to the maximum.

"Only a fraction of those convicted actually do jail time, and even then 
it's only minor jail time," he said.

In the House of Commons yesterday, Tory MP Belinda Stronach pointed to a 
New York Times report on how Canada's burgeoning grow-op and trafficking 
industry is causing huge security concerns for the U.S. She urged the 
government to withdraw its "misguided" pot bill to save the economy from harm.

"The prime minister and this government are ignoring warnings from the U.S. 
ambassador that there will be consequences resulting from decriminalization 
causing costly cross-border delays," Stronach said.

Liberal MP Paul DeVillers, who chairs the Commons justice committee, 
expects grow-op penalties will be one of the most contentious parts when 
MPs begin studying the bill next month. But he insists upping the maximum 
sentence is the best way to deter grow ops while leaving room for "judicial 
discretion."

"We need to step up the consequences for those involved in grow ops. Police 
are expressing frustration that when they make arrests, the penalties 
aren't severe enough for the risks ... they need to bring these people to 
justice," he said.

"By doubling the maximums, Parliament is sending the message to courts that 
it wants severe penalties imposed."

Judges will be required to issue written reasons when a jail term is not 
imposed under the new law. And Crown attorneys can always appeal the 
sentence as a "safeguard against a loose-cannon judge making a poor 
decision," DeVillers said.

But NDP MP Libby Davies said the bill is "riddled with contradictions" 
because it decriminalizes marijuana yet leaves users with few legitimate 
avenues to access the product. Relaxing cultivation rules -- and eventually 
legalizing pot -- would reduce the demand from big commercial growers, she 
said.

'A SITUATION OF CHAOS'

"There's a very good argument that prohibition equals a situation of chaos. 
There are no rules, no regulation, there's violence, it feeds into 
organized crime," she said.

"It's a losing battle, and I think at some point we need to confront the 
reality of that."

Tory MP Myron Thompson believes only "heavy" mandatory minimum sentences 
will serve as a deterrent for commercial growers. There must be a more 
serious penalty than the "knuckle raps" now imposed by the courts.

Calling the entire bill "flawed," Thompson suggested the feds could give 
grow-operators a one-time shot at amnesty.
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MAP posted-by: Terry Liittschwager