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CANADA'S NEW DRUG LAWAlthough it's been given royal assent, the Controlled Drugs and Substances Act has not yet been "put into force" by the Minster of Health. That will happen any day now, (May 14, 1997 ~ ed.) and when it does Cannabis Canadians can expect a new wave of harassment and abuse from the powers that be.We present below the penalties for drug offences under the current regime of the Narcotic Control Act and the Food and Drug Act, compared with the soon to be implemented Controlled Drugs and Substances Act. On the following page we explain how the new law increases police powers and will lead to more pot smokers going to jail. ~ by Dana Larsen SEARCH, SEIZURE, ENTRAPMENT AND AGGRAVATING FACTORSThe Controlled Drugs and Substances Act will result in a significant increase in rates of incarceration and in lengths of sentences, and will place additional stresses on an already overburdened criminal justice system.~ Canadian Bar Association GREATER POWERS OF SEARCHThe Controlled Drugs and Substances Act widens the scope of police powers to search, so that a search warrant for a house or building will automatically include all those who are present when the police enter. This means that the police could get a warrant for a club or pub, and then use it to perform a blanket search on everyone inside and make a mass arrest. WIDENED SEIZURE AND FORFEITUREThe Narcotic Control Act and Food and Drug Act only permit the seizure and forfeiture of drugs, paraphernalia, and "drug money". The Controlled Drugs and Substances Act introduces a new concept called "offence related property", which greatly expands the type of property that can be seized by the court. For example, any vehicle used to transport or distribute a prohibited substance will now be considered offence related property and will therefore be seized. This means that if you are convicted of trafficking and you used your car to transport the drugs your vehicle will now be confiscated. The new law also allows for the seizure of any "fortified drug house", which is defined as any property modified to "facilitate the commission of a drug offence". This broad definition will likely include grow rooms, which could quickly lead to a large number of homes being seized. COPS SELLING DRUGSUnlike the Narcotic Control Act, the Controlled Drugs and Substances Act allows for police officers and their informants to be authorized to sell drugs and violate the other provisions of the act. This clause could easily result in police and their informers encouraging people to buy and use certain drugs, and then turning them in for personal profit and reward. Many legal groups testified before Parliament that this and other clauses would be abused, but they were all ignored. AGGRAVATING FACTORSThe sentencing preamble now introduces the concept of "aggravating factors" in drug offences, which include the use of a weapon, the use or threat of violence, trafficking in or near any place "frequented by minors", trafficking to a minor, or having a previous drug conviction. A judge must now provide a written reason for not imposing jail time upon anyone found guilty for any drug offence involving one of these factors. This is clearly an attempt by Parliament to intimidate judges into doling out more jail time for drug offences.
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