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Marc Emery (pictured with his wife, Jodie) says mandatory minimum sentencing for drug offences is a “failed policy” in the U.S.
March 26, 2009
Bill C-15 could fill Canadian prisons with drug offenders
Will Bill C-15 kill the twin scourge of illegal drugs and gang violence?

Libby Davies
NDP MP, Vancouver East
“There’s a lot of information, both in the United States and in Canada, that shows that mandatory minimum sentencing regimes for drug offences are ineffective. This is all about window-dressing for the Conservatives’ crime agenda. They want to impress people with their tough-on-crime approach. One thing that will happen is that it could very much overcrowd our prisons. We find the bill to be misdirected and based on a very faulty premise. It’s based on the U.S.’s war on drugs, which has been a complete failure.”

Ed Fast
Conservative MP, Abbotsford
“What Bill C-15 does is it’s connecting the sale of drugs to aggravating factors. If there’s a sale or production or growing of drugs that occurs and violence is present, we will put those guys behind bars. But we also want to make sure that low-level dealers that are dealing in drugs simply because they’re addicted can actually get the help that they deserve. We believe it’s a balanced approach. We’re not going after the marijuana users. We’re going after the guys who really present an ongoing danger to our community.”

Ujjal Dosanjh
Liberal MP, Vancouver South
“Bill[s] C-14 and [C-]15? We have said that we’ll support both of them. We agree with tougher penalties for serious and violent and chronic offenders. But that alone isn’t going to do the job. That’s why we believe this government is failing significantly in their drive to deal with the issue of crime. They’re failing Canadians because they’re not emphasizing crime-preventing, they’re not providing resources for youth programs, they’re not providing actual police officers on the ground, [and] they’re not providing prosecutors.”

Adrianne Carr
Deputy leader, Green Party of Canada
“The Green party doesn’t support mandatory sentencing because it has proven to not work. It’s coming from this tough-on-crime perspective. What we’ve seen is that our court system wastes extraordinarily high resources in prosecuting the petty criminals involved in drug cases, particularly marijuana. We should be legalizing marijuana, which has been suggested by the Senate of Canada and the Fraser Institute, and these are hardly radical institutions. What we have to do is delink the profit motive from drugs.”
On March 2, the Pew Center on the States, a Washington, D.C.–based think tank, released a report on the staggering growth of the American correctional system.
Entitled One in 31: The Long Reach of American Corrections, the report noted that “sentencing and release laws passed in the 1980s and 1990s put so many more people behind bars that last year the incarcerated population reached 2.3 million and, for the first time, one in 100 adults was in prison or jail.”
It also cited the tremendous increase in the number of people on probation or parole, such that “combined with those in prison and jail, a stunning 1 in every 31 adults, or 3.2 percent, is under some form of correctional control.”
Why is this relevant to Canada?
“We only need to go south of the border and see a nation that enacted mandatory minimums related to drug offences from the mid-1980s on,” criminologist Susan Boyd told the Georgia Straight. “It didn’t reduce violence and drug use. So here we are saying, ‘We’re going to do this.’ ”
Boyd—an associate professor at UVic and research fellow at the Centre for Addictions Research of B.C.—was referring to the reintroduction in Parliament by the Conservative government of a bill that proposes mandatory minimum jail sentences for drug offenders.
If passed into law, Bill C-15 would, among its other provisions, throw people caught with one marijuana plant into the slammer for a minimum of six months. If growing a single plant is done on a property that belongs to another person or in an area where it may present a hazard to children, minimum jail time is nine months.
Worse, the bill seeks to increase the maximum penalty for this particular offence to 14 years.
Vancouver’s so-called Prince of Pot, Marc Emery, who is fighting extradition on charges of selling marijuana seeds to American growers, is a potential U.S. prison statistic.
Emery was handing out leaflets condemning drug prohibition, along with his wife, Jodie, on the south side of the city when the Straight asked him about Bill C-15. “Anything that puts more people in jail for drugs is going to fill prisons,” he said. “It’s a very expensive and failed policy that will only bring us more misery.”
The Pew Center on the States report pointed out that many states in the U.S. “appear to have reached a ‘tipping point’ where additional incarceration will have little if any effect on crime”.
In Washington state, which shares a border with B.C., the report stated, “from 1980 to 2001, the benefit-to-cost ratio for drug offenders plummeted from $9.22 to $0.37.
“That is, for every one dollar invested in new prison beds for drug offenders, state taxpayers get only 37 cents in averted crime,” it noted. “An updated analysis from 2006 found that incarceration of offenders convicted of violent offenses remained a positive net benefit, while property and drug offenders offered negative returns.”
Conservative Abbotsford MP Ed Fast deflected criticism that mandatory jail times haven’t worked in the U.S.
“First of all, on the issue of deterrence there’s contradicting evidence,” Fast told the Straight. “I don’t base my support for the legislation on the deterrent effect. I base it on the prophylactic effect of the legislation. Prophylactic means taking repeat, violent offenders out of our communities for longer periods of time.”
Bill C-15 is a reincarnation of Bill C-26, which the Conservatives introduced in November 2007.
In February 2008, a few months after Bill C-26 was tabled in Parliament, Boyd started sending Prime Minister Stephen Harper a weekly letter in an attempt to educate the Conservative leader about harm reduction and drug regulation.
Boyd did this for a year, and she sent her 52nd and final letter in early February this year. Bill C-15 was introduced on February 27, a day after the Conservatives filed Bill C-14, which toughens penalties for gang-associated violent activities.
As an educator, Boyd has this to say about mentoring Harper: “The prime minister gets a failing grade on drug policy.”
The economics of prisons in Canada
> Total correctional-services expenditures in 2005-06: almost $3 billion
> Share spent on custodial services or prisons: 71 percent
> Associated policing and court costs in 2005-06: more than $10 billion
> Number of correctional facilities in Canada in 2005-06: 192
> Annual cost of incarcerating a federal female prisoner in
2004-05: $150,000 to $250,000
> Annual cost of incarcerating a federal male prisoner in 2004-05: $87,665
> Daily cost of incarcerating a provincial prisoner in 2004-05: $141.78
> Daily cost of alternatives such as probation, bail supervision,
and community supervision: $5 to $25
Source: prisonjustice.ca
Comments
What if there isn't any violence? It seems to me that the law says if you own a plant regardless of violence you'll be sent through a system with no appeal or understanding. My brother spent 16 months in Federal Prison because of Mandatory Minimums. He had NEVER once been in trouble and he had bought Sudafed. When confronted by police in a parking lot he admitted he bought it to give to a friend to make meth. That's all he did and then spent 16 months in prison for that. I'm not sure how anyone can look at the American system and say "Looks good to me". There is NO evidence that mandatory minimums stop anything. How many people are debating the possible legal outcomes of their behavior? How many stoners have an attorney to advise them on legal issues everyday all day? No one even knows what the consequences are until it happens so how can they be deterred? If it's any sign of what happened in the US it's a shift to a brutal dehumanizing system designed to punish not correct. And a final note to the supporters, US states are reversing their failed mandatory minimums, see New York State for evidence of it's failure. Canada, be a better country and use our failure as your lesson.
Legalization will never happen, and people will realize that democracy is a scam. If the bottom line is money, then it would appear to me that someone is getting bought off to keep it illegal, because the price of marijuana would go down if it were legal. Wouldn't surprise me to learn these politicians are just puppets for gangs and corporations.
Do you really believe the ACP would attach their name to marijuana if it were not so.
How much "safer" will Canadians feel as teachers, doctors, politicians, carpenters and on and on go to prison for as little as 1 plant.
We already have seen what mandatory minimum sentences have done to the Americans. 30 plus years, and 100's of billions of dollars later, nothing was achieved. Now they are repealing these same laws that have shown to be a complete failure. THIS IS NOT A BILL MENT FOR A CARTEL, it will however cost smoker and non-smoker alike, millions apon millions to enforce and prosecute.
How sad, that as the Americans begin a real conversation on the topic of marijuana reform, we go backward. How is it that this government, chooses to ignore scientists, economists, and criminologists, and foremost, the failed model of a 30 year old war on drugs in the United States in favor of fooling Canadians that this policy will somehow have a different outcome here.
I have no words to decribe how hopeless I feel as a Canadian under the Harper administration. The only harm created, as the plant has been proven basically harmless, no addiction, no chance of overdose, no gateway drug, is from the ideology that continues to surround it, and the way in which Stephen Harper chooses to punish anyone who uses it.
I fear for the research that will be put off for years, and feel completely hopeless for all the lives that will be destroyed by these insane policies.
Where are we going and what have we become. I can only hope that reason and common sense prevail, but if the Liberals continue to back such foolishness, we will just have to foot the cost, ruin the wrong lives and come to our senses after we like America have wasted 100's of millions of much needed dollars.:
Here is why I say this...Marijuana and hemp are a fuel source that is renewable and easily grown in vast amounts under hydroponics, which could solve the problem of Global warming,
Growing it comsumes c02, and makes oxygen, while it feeds the animals good healthy food, which results in healthy animals, and then our food chain is also healthier!
it filters the waters, and soils, and adds a mycellium to the soil to make a fine nitted connection to all plants.
And in that they control the soils bacteria and viruses, so the enviroments are safer!
And finally Ethanol, a renewable resource tha can be made from hemp and marijuana!...which stands to be far better/cleaner burning than fossil fuels!
In the days of liquide gasses, alcohols, solar energy, and kenetics...why can't Canada make a eco friendly vehicle?
Because they got their heads stuck up The United States Ass!
Bill c-15 and any other bill that removes a Gift God has Given us to use wisely, is anti God, Anti Christ, Anti Eden!!!!!
Sir Les
Other people I know, including myself, have lived with chronic pain for years-being pumped by pharma drugs that have made trillions for drug corporations and are addictive and have shown to be destructive in people's lives....but that's ok???
Smoking weed has shown to reduce stress-related illnesses, mediate the destruction of a variety of cancers, reduce the symptom caused by cancer treatments, multiple schlerosis or parkinson..and the list really does go on. Aside from the medical benefits there are many productive uses that would assist our Earth as mentioned in previous comments. And like the very early days-before we had talking movies-weed was demonized via the media propaganda called " Reefer Madness" for the sole purpose of preventng folks via fear tactics from knowing the gifts this easily grown plant provides and thus control the use of it. Heaven forbid that the pharmacuetical, textile, paper and whatever other industry may loose a buck or two. It's these industries or rather their puppet masters that are calling the shots here folks. Seems to me history is repeating itself in spite of the fact that it didn't do any good back then either. The money spent on trying to control this specific drug use is almost funny, when legalizing it would be beneficial for all concerned as it would hugely remove the criminal factor.
Lately in and around town, there have been many people getting busted for pot, so the supply has dried up somewhat. Yet in it's place there is now an abundance of harsher replacements like cocaine and who knows what-this really makes no sense at all. Or does it? I've researched drug use as part of my university education and how odd it was to discover that drugs were released to people by governments in the first place and LSD is the perfect example of this. How is that for food for thought?
I oppose B-C15 implementation and encourage others to write to their government representatives and say "no" this is not the answer. Again history tells us via the prohibition era that making it illegal will only increase the criminal factor our foolish conservative government is saying they want to elliminate. Well Mr. Harper, if you really want to deal with the issue effectively, then just legalize it and move on to something really important. If this is the direction our country is heading in, then what is next? I fear for us all!
thanks for reading.
I am, that I am
My faith in this government and law enforcement has been brought down to a critical level. It's sad when they are willing to piss their pants over a couple doobies, while the cops where I live shrugged off my friend having his credit card stolen and maxed out, because he's a kid and "theres nothing they could do".
I'm going to continue to smoke pot whether or not this Bill is passed. And yes, I'll continue to smoke it with people over and under the ages of 18. It's a war that they are continuing to fight and won't ever win... it's a fucking plant! It can grow in different situations! It will continue to grow until long after we're all dead! So give up! S.W.E.D!
Harper's spineless neocons should have said NO to the Americans, but instead, we allow US DEA agents to setup shop and operate within OUR country... continuing their asinine WAR on drugs (the Americans have WARS on EVERYTHING!). I'm done with the US... the Americans can go straight to hell, I will NEVER go to that country again.
Marc Emery is an upstanding CANADIAN, who has provided employment for people in his community and he PAID HIS TAXES (from seed sales) to the Canadian government! what bloody hypocrites!!! Mr Emery does NOT deserve to be sent to jail.
UGH, I *HATE* THE HARPER REGIME!
THE PRICE OF POT WILL ALSO GO UP CAUSING MORE PROBLEMS.
How and Why Cannabis became illegal in the first place:
http://JackHerer.com
Cannabis as a cure for cancer, among other "diseases":
http://PhoenixTears.ca
http://PhoenixTearsMovie.com <=- FREE DVD (Downloadable)
General Cannabis Information:
http://NORML.org
http://NORML.ca
http://MPP.org
Law Enforcement Against Prohibition:
http://LEAP.cc
Yes, that's right...COPS who understand the truth about prohibition, and want to see it stopped! (They're not all bad!)
The Reverend Eddy Lepp:
http://eddylepp.com
Reverend Lepp was sentenced recently for helping to provide LEGAL cannabis patients with LEGALLY GROWN medical cannabis, all under the LEGAL MEDICAL CANNABIS LAWS of his state of California.
There are MANY facets of this situation which are NOT being told to you!
Why is it that the US Government is the main source of cannabis prosecutions, all based on the idea that cannabis is a "schedule 1 drug" because it "has no accepted medical uses" despite the major and glaring facts that:
1) 13 (or more) US states have found medical benefits, and have allowed medical use for the purposes of medical treatment of known conditions, for cannabis' known benefits towards those conditions.
2) The US government has filed patents on cannabis compounds (a natural compound, or part thereof, is not normally patentable by anyone else) more than a DECADE ago, and has known the entire time that CANNABIS HAS MEDICAL BENEFITS, AND MANY MEDICAL USES!
Take those two points alone, and you will see that the US government not only knows of Cannabis' medical uses, but they are both prosecuting people for having it, selling it, growing it, or using it, while they are filing medical patents to protect their cannabis-related income stream once the people find out that they have been perjuring themselves with each and every cannabis-related prosecution!
And now Canada has decided to adopt the USA's failed "jail everyone and that will fix the problem" approach?
When will Canadian politicians learn that when something fails everywhere else on the planet, it will NOT suddenly "magically start working because the failures have now been brought to Canada."
For those out there who believe that you are not smart enough to decide this question for yourselves, please, feel free to sign all your rights away to your nearest politician and live in whatever bubble world they will ship you to. As for me, and the remainder of the "thinking public" I prefer to make my own decisions based on FACTS, and not propaganda or any other form of indoctrination.
(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.
OK SO IT SEEMS TO ME LIKE THE MARIJUANA PARTY IS PROMOTING THEIR RIGHT TO HAVE LARGE SCALE COMMERCIAL GROWERS PROTECT THERE PROPERTY WITH WEAPONS, and to have kids around when you smoke dope, ming you, that ones upto the parents, but ya, to many people are idiots and go to big to fast on ops, and quite honestly are not the best electricians. this bill just says ok , if you dont want minimum sentence, heres the deal....no kids under 18 live in OP, no danger to the local area is acceptable (hire an electrician) and keep it under 201 plants,
, im gonna go talk to them today, ive met emery on a few occasions and hes definatly a man who is willing to engage in good old fashioned debate, hopefully without the straw man
One in every 25 deaths worldwide can be linked to diseases or injuries related to alcohol consumption, concludes a Canadian-led study, which equates the libation's burden of harm to that of smoking tobacco almost a decade ago.
In 2004, the most recent year for which global statistics are available, 3.8 per cent of all deaths were attributable to alcohol (6.3 per cent for men and 1.8 per cent for women), the study found.
Most of the deaths blamed on booze result from injuries, cancer, cardiovascular disease, liver disorders like cirrhosis and violence.
TOBACCO, from the Health Canada web site
More than 37,000 people will die prematurely this year in Canada due to tobacco use. Unless they quit, up to half of all smokers will die from their smoking, most of them before their 70th birthday and only after years of suffering a reduced quality of life.
The average smoker will die about eight years earlier than a similar non-smoker. There is strong scientific evidence that smoking is related to more than two dozen diseases and conditions. Fortunately, most of these start to reverse after a smoker quits smoking.
All smokers are at extra risk for
Coronary heart disease (e.g., heart attacks)
Peripheral vascular disease (circulatory problems)
Aortic aneurysm
High blood pressure
High cholesterol (LDL)
Lung cancer
Cancer of the mouth, throat and voice box
Cancer of the pancreas
Cancer of the kidney, and urinary bladder
Chronic obstructive pulmonary disease (COPD)
Chronic bronchitis
Emphysema
Pneumonia
Influenza (the "flu")
The common cold
Peptic ulcers
Chronic bowel disease (Crohn's Disease)
Tooth decay (cavities)
Gum disease
Osteoporosis
Sleep problems (falling asleep inappropriately and/or frequent waking)
Cataracts
Thyroid disease (Grave's Disease)
There is some scientific evidence that smoking may also be related to cancer of the large intestine and leukemia. In addition to various diseases, smoking also causes the skin to wrinkle and create the appearance of premature aging. Smoking also reduces the sense of smell and taste.
Now with very little evidence people can argue how bad marijuana might be all they want but when you look at all the facts MARIJUANA has NOT one recorded death EVER. This Country must be insane for continuing this war on marijuana.
If people need some form of extra relaxant it is so obvious that Marijuana if used is the very,very least drug to be concerned about.
O and buy the way if there is such a thing as gateway drugs, Tobacco and Alcohol are the drugs first used.
Possesion and growing for personal use should not be illegal it should be encouraged.
Holly Shit people just think about the facts.
it would seem that the greater the risk becomes, just makes it all the more profitable!, makes it easier for one person to unload 40 to 50 lbs of BC bud without even haveint to transport it anywhere!
why dosnt the government deal with the problem with these any many other proven methodes? easy! some howw they stand to gain from it, they use it to justify actions and or cause! its a scape goat and allways has been! unlike tobacco and alcohole, pot is a weed and can be successfully grown by a "brown thumb dummy!" it dosnt require expensive processing or cureing like other controlled substances! meaning they cant actually tax or profit from it! i mean, who would want gov pot if the dude down the street has far stronger smoke for half the price? i wouldnt drink his home made beer cuz its just crap but i would smoke his weed!
Like one of the other posts says here, most people we know smoke a bit of pot, and it doesn't matter what their profession is, lawyers, doctors, judges, cops; does he want 3/4 of the population put in jail? Who will earn money from jobs to pay for the jails if they are all locked up? He is so stupid it makes me sick!
(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,
get a clue before making thesekinds of sensational headlines....
Someone said name one good reason to call a fall election: It will Kill Bill C-15.
In honner November 1st say yes to a $5 doller coin with a poppy on it.
SWED
http://www.cannabisculture.com/v2/content/nys-rockefeller-drug-law-refor...
We must understand that this type of legislation is based on greedy stupidity, lies and misinformation. Here is a site on youtube that has gathered and compiled an excellent source of REAL information.
Perhaps it is long overdue to take back our government from the corrupt officials that represent coporate interests instead of the people. Maybe begin by starting a reforendum abolishing ALL legislation against something GOD gave us (Genesis 1:19) and grant amnesty to ALL Canadians who have been targeted and made criminals illegally.
It is time to STOP letting liars dictate how we live our lives.
your humble servant,
ancient clown
P4L
Marijuana use should be legalized. Growers should be made to apply for a license to produce marijuana. That way, they can be made to apply to certain quality, safety, and eniviromental standards. Homes wouldn't get destroyed, people wouldn't get sick from using marijuana laced with something dangerous, and people who are ill can use it with ease. Someone who avoids the license and grows it illegally would obviously be trying to compromise those standards and therefore, should be the one to go to prison.
Revalation 22:2 " the river of life proceeded to flow from the throne of God, and on either side of the bank there was the tree of life, and the leaf from that tree is for the healing of the nations"
NDP or Green Party is the only way to go as far as I am concerned. Give some uncorrupted parties a chance to do something positive for a change.
Drug Decriminalization in Portugal:
Lessons for Creating Fair and Successful Drug Policies
http://www.cato.org/pub_display.php?pub_id=10080
Lydia, thanks for playing, but keep in mind that wherever you go they might expect more of you than to bail when things get tough.
The Harper gov has got to go. We don't need no stinking fiberals either.
Decriminalize pot. It's good for you.
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