Canada - Liberals set to introduce bill to relax drug possession provisions

S.J.B.

S.J.B.

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Liberals set to introduce bill to relax drug possession provisions
Christian Noel
CBC
February 18th, 2021
The federal government will relax drug possession provisions in the Criminal Code of Canada in a bill to be tabled in the House of Commons today, Radio-Canada has learned.

It will mark a significant change to the federal government's approach to drug possession, aiming to ensure non-violent drug offenders are treated for their addictions by the health-care system, rather than being sent to jail.

Sources have told Radio-Canada the bill will also contain provisions to reduce the incarceration rate among Black and Indigenous communities, which are now over-represented in the Canadian prison system.

For example, certain mandatory minimum sentences related to drug offences, which have been declared unconstitutional by several Canadian courts, could be revised.

The Liberal government's bill will amend the Criminal Code of Canada so that non-violent offenders who have committed a first offence of simple drug possession are referred by default to a drug treatment court, which was a Liberal campaign promise.
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Read the full story here.

Read the full text of the bill here.
 
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It's not entirely clear from the story how far this will go. If it emulates the recent prosecutorial directive, then we are actually going to decriminalize drug possession. If it's just a drug court referral for a first offence, it won't do much good, but will be better than the status quo, I suppose.
 
I love how everyone is like "rehab, not jail," now. I'm not willing to go to either. If I wanted help with my drug 'problem' I'd seek it out. Forcing rehab on 'offenders' is just silly.

I recall my roommate in college having to do some for a tiny nug of weed found on him during a DWI arrest; he had to pretend/lie about getting clean, after his year of forced probationary shit he went right back to smoking.
 
Canada Introduces New Bill to Reduce Small-Time Drug Prosecutions
Justin Ling
Vice
February 18th, 2021
The Trudeau government has unveiled sweeping new justice legislation, aimed to ramp down prosecutions for drug crimes and address the growing problem of over-incarcerating Black and Indigenous peoples.

The new law, if passed, would prioritize treatment for drug users, instead of prosecution and possible incarceration. While not full drug decriminalization, it is a step forward towards ending the war on drugs in Canada.

The bill, C-22, also abolishes a number of mandatory minimum sentences.

The government bill, introduced in the House of Commons by Justice Minister David Lametti Thursday, makes good on some long-delayed promises by the Liberal government to reform Canada’s justice system.

The new law will specifically allow police officers, when stopping someone in possession of recreational drugs, to “consider whether it would be preferable...to take no further action, or warn the individual, or, with the consent of the individual, to refer the individual to a program or to an agency or other service provider in the community that may assist the individual.”
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Read the full story here.

This Vice story has much more detail than the CBC one. Unfortunately, it looks like this will be giving a lot of leeway to prosecutors, and won't really be close to decriminalization. On the bright side, they are eliminating every single mandatory minimum sentence in the Controlled Drugs and Substances Act! That's no small feature.

EDIT: I found the text of the bill, will report back with details...

EDIT 2: The Vice story has it right. This isn't even close to decriminalization. It just asks prosecutors to consider not prosecuting, but doesn't force their hand in any way.
 
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This adds very little to what was already established in August. Its a weak bill.
 
It's bullshit because it's only getting rid of minimum sentences for trafficking-related offences.

Without legalisation, going soft on trafficking only invites more problems with fentanyl contamination, for example.

"Sentencing diversion" has been a thing for years. I know people who were sent on community service for dealing weed well over ten years ago.

This might be a good sort of look at the right direction, but I find it seriously lacking.
 
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SunriseChampion said:
It's bullshit because it's only getting rid of minimum sentences for trafficking-related offences.

Without legalisation, going soft on trafficking only invites more problems with fentanyl contamination, for example.
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Fentanyl traffickers are still going to get sentences above the previous minimums in most cases. All this does is allow the judges to consider the circumstances and give a lower sentence if they think it is warranted; it doesn't mean everyone gets a lighter sentence. Anyway, for traffickers the minimum sentence law has already been struck down.
 
assclass said:
Didn't the Cannabis Act increase penalties for cannabis trafficking and illegal cultivation?
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No. The maximum sentences were reduced from life to fourteen years, and some mandatory minimums were eliminated.
 
I remember when cannabis was made legal, the penalties for trafficking or illicit production went up.... gotta defend corporate profits.
 
After suffering at the hands of the inept healthcare system for years, I don't think forcing people into rehab is going to solve the problem. It's a pleasant thought though, for policy makers that've never had to deal with addiction and public health care.
 
Foreigner said:
After suffering at the hands of the inept healthcare system for years, I don't think forcing people into rehab is going to solve the problem. It's a pleasant thought though, for policy makers that've never had to deal with addiction and public health care.
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Yeah the forced rehab thing always scares me. because it can be celebrated as “rolling back the drug war” and virtue signaling politicians can sit content with themselves and put less effort into more policy change.

not to mention the fact the majority of drug users are not addicted

sure it’s better than prison but for someone living paycheck to paycheck, the time spent in rehab could be the difference between putting food on the table or not
 
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