Don’t Do Mandatory Drug Sentences

By: Omar Ha-Redeye · June 5, 2009 · Filed Under Criminal Law, Legal Reform, Politics · 13 Comments 

Context is always important in criminal law matters, drug-related crimes especially.

There are a number of reasons why people get involved in drug use and trafficking, including poverty, discrimination, mental illness, depression, chronic pain, sexual abuse, and general desperation.

Although these factors are never an excuse for criminal activity, a judge can take them into consideration in exhibiting some leniency, especially if it is a first time offence or the offender has demonstrated rehabilitation.

Bill C-15, which the House will vote in this week, will establish minimum penalties for drug-related offences by amending the Controlled Drugs and Substances Act.

Janice Tibbetts of The Gazette said,

The bill was lambasted by 13 of the 16 witnesses who appeared before the House of Commons justice committee during public hearings this spring.

Although it’s claimed that it is intended for gang-related activity, the reality is that the amendments will automatically apply to others as well, including general violent offenders, trafficking near schools, or those working with minors.

It’s not that these are commendable actions in any way, but the fact-specific nature of these crimes require review and application by the court, not blanket sentencing devoid of any analysis of the situation in which the offence took place.

The amendments are part of a broader Conservative strategy to get “tough on crime” that simply won’t work.

Perhaps they should consider getting tough on poverty and discrimination first, so they can have the credibility to even begin to address these issues.

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The Solution is Insite, Part II

By: David Shulman · February 5, 2009 · Filed Under Constitutional Law, Criminal Law, Law School, Uncategorized · Add Comment 

needle1In October 2008 I wrote a bit about my personal opinions and experiences with Insite, a unique, government-funded legal safe injection site that has been on the front lines of Vancouver’s drug epidemic. Insite was also recently the source of much attention at the First Annual Interprofessional Health Law Conference, covered by Omar. To my surprise, Insite and the legal issues surrounding it recently became the subject matter of a memorandum assigned to me by my “senior partner” (Legal Research and Writing professor). What I found in the course of writing this memo was a defective and hypocritical law, the Controlled Drugs and Substances Act (“CDSA”), and a brave decision in the Supreme Court of British Columbia that might one day change Canada’s drug laws for the better.

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