Pubdate: Sat, 31 Dec 2011
Source: Winnipeg Free Press (CN MB)
Copyright: 2011 Winnipeg Free Press
Contact: http://www.winnipegfreepress.com/opinion/send_a_letter
Website: http://www.winnipegfreepress.com/
Details: http://www.mapinc.org/media/502
Author: Tobi Cohen
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

JAILS NOT GOING TO POT, SAYS MINISTER

New Laws Aimed at Traffickers, Not Users

OTTAWA - Canadian jail cells are not going to be brimming with 
teenagers and college kids who share pot with their pals, according 
to Justice Minister Rob Nicholson who maintains one of the most 
contentious facets of his omnibus crime bill has been grossly misrepresented.

Mandatory minimum sentences for marijuana production are designed to 
target organized crime, gangs and grow-ops, he said in a year-end 
interview with Postmedia News.

They don't apply to young offenders and even new provisions that aim 
to penalize adults who are trafficking drugs around schools mean 
perpetrators would have to be caught with an "eight-pound joint" to 
be saddled with a mandatory minimum under the safe streets and 
communities act, he argued.

"For the most part the laws with respect to marijuana aren't changed 
but they are changed with respect to trafficking associated with 
organized crime, gangs and grow-ops for the purpose of trafficking," he said.

"I want to make that very clear because it was not clear in some of 
the criticisms. If somebody was thrown in jail under this bill, they 
were in the business of trafficking."

It's been a particularly acrimonious year for Nicholson, who has come 
under fire for bundling nine vastly different bills into one and 
pushing it through Parliament thanks to his party's new majority. 
2012 isn't expected to get any easier. In January, Nicholson will 
meet with his provincial counterparts in what will undoubtedly be a 
difficult session.

Ontario and Quebec have both refused to pick up additional costs 
associated with the C-10 crime bill.

Quebec's justice minister also recently left Ottawa fuming after the 
federal government refused to consider amendments aimed at preserving 
Quebec's approach to criminal justice, which favours rehabilitation 
and reintegration, particularly where youth are concerned.

An old government cost breakdown associated solely with amendments to 
the Youth Criminal Justice Act - which was among the pieces of 
legislation wrapped into the crime bill after the government failed 
to pass it in previous minority Parliaments - found incarceration 
levels would increase by 33 per cent at a cost of $717 million over 
five years. And half of that would be absorbed by the provinces.

Nicholson, however, has stood by newer figures that suggest the 
entire safe streets and communities act would cost the federal 
government $78.6 million over five years.

The government has not speculated on costs to the provinces but 
Nicholson knows exactly what he'll say to his counterparts when the 
subject comes up.

"One of the things that I will reiterate is that we have acted on a 
number of the measures that they have proposed to us," he said, 
noting many of the changes to the Youth Criminal Justice Act, as well 
as an earlier decision to eliminate two-for-one sentencing, was based 
on their advice.
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