MORE THAN 500 HEALTH PROFESSIONALS PROTEST BILL S – 10 – CANADA

Posted on April 2, 2015 by fromthefirstorder

http://canadianawarenessnetwork.blogspot.ca/2011/02/more-than-500-health-professionals.html

More Than 500 Health Professionals Protest Bill S-10

3:04 PM Terry Wilson , Posted in , , , , , , , , , , 37 Comments

Over 500 physicians, scientists and researchers, led by the Urban Health Research Initiative, a program of the B.C. Centre for Excellence in HIV/AIDS, the Canadian HIV/AIDS Legal Network, and the Canadian Public Health Association are making an argument that Bill S10 is both ineffective and expensive.

Bill S10 is drug legislation that includes mandatory minimum sentences of 6-9 months for growing 6 or more marijuana plants, and 12-18 months for making any hashish (including baked goods!) This is the first time in Canada’s history that a minimum sentence has been set for marijuana.

The Health Care professionals sent a letter to Stephen Harper and opposition leaders that said:
“We, the undersigned, are concerned that the federal government is pursuing significant amendments to federal drug legislation, through Bill S-10, which are not scientifically grounded and which research demonstrates may actually contribute to health and social harms in our communities,”

Although the government has not produced detailed budget estimates regarding the potential cost of implementing mandatory minimum sentences, similar sentencing regimes introduced in the United States have cost taxpayers billions of dollars. During these difficult economic times, this raises the question of why the federal government proposes to spend scarce financial resources on policies that have been shown to be expensive, ineffective and harmful.”

These are the kind of laws that we wrote about in our previous post HERE. The federal government is hell bent on building new jails, and filling them up. Regardless of what any professional or the people of Canada have to say.

I applaud the professionals as they stand up for us. But we in turn need to stand up and support them as well! Please send them an email to let them know that you ARE standing with them on this issue.

B.C. Centre for Excellence in HIV/AIDS
info@cfenet.ubc.ca

Canadian HIV/AIDS Legal Network
info@aidslaw.ca

Canadian Public Health Association
info@cpha.ca

http://www.parl.gc.ca/HousePublications/Publication.aspx?Docid=4497977&file=4

and to make related and consequential amendments to other Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE
Short title
1. This Act may be cited as the Penalties for Organized Drug Crime Act.

1996, c. 19
CONTROLLED DRUGS AND SUBSTANCES ACT
2. (1) Paragraph 5(3)(a) of the Controlled Drugs and Substances Act is replaced by the following:
(a) subject to paragraph (a.1), if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and
(i) to a minimum punishment of imprisonment for a term of one year if
(A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code,
(B) the person used or threatened to use violence in committing the offence,
(C) the person carried, used or threat-ened to use a weapon in committing the offence, or
(D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or
(ii) to a minimum punishment of impris-onment for a term of two years if
(A) the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years,
(B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or
(C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence;
(a.1) if the subject matter of the offence is a substance included in Schedule II in an amount that is not more than the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years less a day;
(2) Subsections 5(4) to (6) of the Act are replaced by the following:
Interpretation
(5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.
Interpretation
(6) For the purposes of paragraph (3)(a.1) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.
3. Paragraph 6(3)(a) of the Act is replaced by the following:
(a) if the subject matter of the offence is a substance included in Schedule I in an amount that is not more than one kilogram, or in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if
(i) the offence is committed for the purposes of trafficking,
(ii) the person, while committing the offence, abused a position of trust or authority, or
(iii) the person had access to an area that is restricted to authorized persons and used that access to commit the offence;
(a.1) if the subject matter of the offence is a substance included in Schedule I in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years;
4. (1) Paragraphs 7(2)(a) and (b) of the Act are replaced by the following:
(a) if the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;
(a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment
(i) for a term of one year if the production is for the purpose of trafficking, or
(ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;
(b) if the subject matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of
(i) imprisonment for a term of six months if the number of plants produced is less than 201 and more than five, and the production is for the purpose of trafficking,
(ii) imprisonment for a term of nine months if the number of plants produced is less than 201, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply,
(iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501,
(iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply,
(v) imprisonment for a term of two years if the number of plants produced is more than 500, or
(vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply;
(2) Section 7 of the Act is amended by adding the following after subsection (2):
Factors
(3) The following factors must be taken into account in applying paragraphs (2)(a) to (b):
(a) the person used real property that belongs to a third party in committing the offence;
(b) the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
(c) the production constituted a potential public safety hazard in a residential area; or
(d) the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.
5. The Act is amended by adding the following after section 7:

Notice
Notice
8. The court is not required to impose a minimum punishment unless it is satisfied that the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General’s intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment.
Avis

Report to Parliament
Review
8.1 (1) Within two years after this section comes into force, a comprehensive review of the provisions and operation of the Act, including a cost benefit analysis of mandatory minimum sentences, shall be undertaken by such committee of the House of Commons or of both Houses of Parliament as may be designated by Parliament for that purpose.
Report
(2) The committee referred to in subsection (1) shall, within one year after a review is undertaken pursuant to that subsection, submit a report to Parliament including a statement of any changes the committee recommends.
Factors to take into consideration
(2) If a person is convicted of a designated substance offence for which the court is not required to impose a minimum punishment, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person
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