Bill C-15’s Mandatory Minimums for Drug Crime: A Failure On Their Own Terms
Thursday, November 19th, 2009Let’s assume that mandatory minimum sentences for the distribution of illegal drugs represent good social policy, sending a message to would be participants in the commercial trade. One could then argue that mandatory minimum terms of imprisonment tell drug dealers that their activities will have some new consequences, consequences that will serve to curtail their involvement in the business, particularly if they use weapons, or engage in any form of intimidation.
Unfortunately, the bill has its own internal contradictions, regardless of whether one believes in its approach. The most significant contradiction is its relatively harsh treatment of cannabis production, in contrast to its treatment of the trafficking (or possession for the purpose of trafficking) in cannabis (and heroin and cocaine). Section 5(3) of the Controlled Drugs and Substances Act is to be amended to provide for a minimum term of one year imprisonment for trafficking in heroin, cocaine or cannabis, provided that the convicted person commits the offence as part of a criminal organization, uses violence in committing the offence, is carrying or threatening to use a weapon in committing the offence — or has served a term of imprisonment for a designated substance offence (typically trafficking or importing an illegal drug). Somewhat surprisingly and quite inconsistently, these same caveats are not applied to the offence of marijuana production (section 3.1 (b) of Bill C-15). Granted, the minimum term of imprisonment is six months, rather than one year, but the irony is that the distributors of more dangerous drugs are to be treated less harshly than the producers of a less dangerous drug (cannabis), irrespective of the actual amounts involved. And even more oddly, the distributors of cannabis are to be treated differently from the producers of cannabis, again irrespective of the amounts in question.