http://www.justice.gc.ca/eng/news-nouv/nr-cp/2012/doc_32759.html
Amendments to the Controlled Drugs and Substances Act to increase penalties for serious drug crime - Coming into Force November 6, 2012
These amendments will:
provide mandatory minimum penalties for serious drug offences, including when such offences are carried out for organized crime purposes or if they involve targeting youth.
These serious drug offences include:
production;
trafficking;
possession for the purpose of trafficking;
importing and exporting; and
possession for the purpose of exporting.
Generally, the mandatory minimum penalty would apply where there is an aggravating factor, including where the production of the drug constituted a potential security, health or safety hazard.
The aggravating factors involve offences committed:
for the benefit of organized crime;
involving use or threat of violence;
involving use or threat of use of weapons;
by someone who has been previously convicted (in the past 10 years) of a serious drug offence;
in a prison;
by abusing a position of authority or access to restricted areas;
in or near a school, in or near an area normally frequented by youth or in the presence of youth;
through involving a youth in the commission of the offence; and
in relation to a youth (e.g. selling to a youth).
The security, health and safety factors are:
the accused used real property that belongs to a third party to commit the offence;
the production constituted a potential security, health or safety hazard to children who were in the location where the offence was committed or in the immediate area;
the production constituted a potential public safety hazard in a residential area; and
the accused placed or set a trap.
make exemptions for the mandatory minimum sentence by allowing a court to delay sentencing while an addicted, non-violent offender takes a treatment program approved by the province under the supervision of the court as outlined in section 720(2) of the Criminal Code or a Drug Treatment Court approved program. If the offender successfully completes the treatment program, the court would not be required to impose the mandatory minimum and could impose a reduced sentence.
increase the maximum penalty for the production of marijuana from seven to 14 years.
move GHB and flunitrazepam, most commonly known as date-rape drugs, and amphetamine drugs from Schedule III to Schedule I, which would result in higher maximum penalties for illegal activities involving these drugs.
Amendments to the Controlled Drugs and Substances Act to increase penalties for serious drug crime - Coming into Force November 6, 2012
These amendments will:
provide mandatory minimum penalties for serious drug offences, including when such offences are carried out for organized crime purposes or if they involve targeting youth.
These serious drug offences include:
production;
trafficking;
possession for the purpose of trafficking;
importing and exporting; and
possession for the purpose of exporting.
Generally, the mandatory minimum penalty would apply where there is an aggravating factor, including where the production of the drug constituted a potential security, health or safety hazard.
The aggravating factors involve offences committed:
for the benefit of organized crime;
involving use or threat of violence;
involving use or threat of use of weapons;
by someone who has been previously convicted (in the past 10 years) of a serious drug offence;
in a prison;
by abusing a position of authority or access to restricted areas;
in or near a school, in or near an area normally frequented by youth or in the presence of youth;
through involving a youth in the commission of the offence; and
in relation to a youth (e.g. selling to a youth).
The security, health and safety factors are:
the accused used real property that belongs to a third party to commit the offence;
the production constituted a potential security, health or safety hazard to children who were in the location where the offence was committed or in the immediate area;
the production constituted a potential public safety hazard in a residential area; and
the accused placed or set a trap.
make exemptions for the mandatory minimum sentence by allowing a court to delay sentencing while an addicted, non-violent offender takes a treatment program approved by the province under the supervision of the court as outlined in section 720(2) of the Criminal Code or a Drug Treatment Court approved program. If the offender successfully completes the treatment program, the court would not be required to impose the mandatory minimum and could impose a reduced sentence.
increase the maximum penalty for the production of marijuana from seven to 14 years.
move GHB and flunitrazepam, most commonly known as date-rape drugs, and amphetamine drugs from Schedule III to Schedule I, which would result in higher maximum penalties for illegal activities involving these drugs.
