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Bill C-15 has passed in Canada. You will get 6 Months prison for one plant. ORGANIZE. Thread Tools
Old 06-10-2009, 04:35 AM #1
StrainCollector
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Bill C-15 has passed in Canada. You will get 6 Months prison for one plant. ORGANIZE.

READ THE UPDATE AT THE BOTTOM OF THIS POST
Bill C-15 has passed in Canada.
You WILL get 6 Months prison MINIMUM for one plant.
They were hoping this would quietly pass. We need to get the word out and coordinate the biggest and most innovative protest Canada has ever seen. Tell literally everyone and express your anger in the loudest way. BE MAD.

**EDIT**: Thank you to Chimera for correcting me. The minimum 6 month sentence actually applies to between 5 to 201 plants. The first reading of the bill was for anything under 201 plants, however the final reading of the bill was amended to anything between 5 to 201 plants,

EDIT 2 - On a hunch, I googled these three words. Check the first 3 links.
Surprise surprise. It turns out, in 2007 Prime Minister Stephen Harper opened the door to privatized prisons, and now we have passed legislation to allow more of the Canadian population to go to jail, gee I wonder what is going on here.. Fucking assholes in our government are popping champagne bottles right now with rich private jail tycoons. I wish I was more articulate to explain it better. I could just fucking scream.

Professional testimony - arguments against this Bill: (Thanks to FrankD)

---->Click HERE and find your city to see if your MP voted yes or no for Bill C-15.
You can then click on your MP's name to see their picture and contact info. Call them up.
Also, click here for a list of Senators, the senate will be voting on the bill, SO CONTACT THEM.



VERY URGENT UPDATE: July 21 2010
This bill has been re-introduced as Bill S-10. I urge you to say something ANYTHING to your representative. Contact your MP (here) and make it clear to them why passing this is a terrible idea. Stress that sending nonviolent-offenders to prison shapes them into dangerous people. Really, do we want nerdy nonviolent potsmoker hippie gardeners to come out of their punishment as hardened and much-scarier ex-cons?

Click here, confront Your MP, and clearly show why this bill is a problem (Remember, their jobs are to represent you)
Hat-tip to dasruckus for the heads up, and for this link about bill S-10
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Old 06-10-2009, 05:28 AM #2
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The Leader of the Opposition, Micheal Ignatieff's email address:

ignatieff.m@parl.gc.ca

It was he who voted with the CONs and it is he who needs to be told en masse just what a huge mistake he has made. You'll get an immediate canned response promising to get back to you and assuring you that your voice is important...so write the man and let him know what you think!

DB
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Old 06-10-2009, 05:35 AM #3
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Well That suck's ,I'm sure this is just what the USA wanted. Just so they can say
look canada tried being easy on MJ and it didn't work .

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Old 06-10-2009, 05:49 AM #4
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I just read that its 6 months for 5 to 200 plants n bigger growers 2 years .

Well don't this just suck a dick.

Peace
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Old 06-10-2009, 06:29 AM #5
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Wow, NOT the progressive legislation we should be seeing
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Old 06-10-2009, 06:52 AM #6
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Nice work once again on the part of the opposition parties to allow another utterly ridiculous and counterproductive bill to be passed by a MINORITY Conservative government.
Who are these asshats working for, because it sure as hell isn't the people of Canada?
Fucking politicians, I hate them all!
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Old 06-10-2009, 06:54 AM #7
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An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. (1) Paragraph 5(3)(a) of the Controlled Drugs and Substances Act is replaced by the following:
(a) subject to paragraph (a.1), if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and

(i) to a minimum punishment of imprisonment for a term of one year if

(A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code,

(B) the person used or threatened to use violence in committing the offence,

(C) the person carried, used or threat-ened to use a weapon in committing the offence, or

(D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or

(ii) to a minimum punishment of impris-onment for a term of two years if

(A) the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years,

(B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or

(C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence;

(a.1) if the subject matter of the offence is a substance included in Schedule II in an amount that is not more than the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years less a day;

(2) Subsections 5(4) to (6) of the Act are replaced by the following:

(5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.

6) For the purposes of paragraph (3)(a.1) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.

2. Paragraph 6(3)(a) of the Act is replaced by the following:

(a) if the subject matter of the offence is a substance included in Schedule I in an amount that is not more than one kilogram, or in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if

(i) the offence is committed for the purposes of trafficking,

(ii) the person, while committing the offence, abused a position of trust or authority, or

(iii) the person had access to an area that is restricted to authorized persons and used that access to commit the offence;

(a.1) if the subject matter of the offence is a substance included in Schedule I in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years;

3. (1) Paragraphs 7(2)(a) and (b) of the Act are replaced by the following:

(a) if the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;

(a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment

(i) for a term of one year if the production is for the purpose of trafficking, or

(ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;

(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,

(ii) imprisonment for a term of nine months if the number of plants produced is less than 201, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply,

(iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501,

(iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply,

(v) imprisonment for a term of two years if the number of plants produced is more than 500, or

(vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply;



(2) Section 7 of the Act is amended by adding the following after subsection (2):

(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.

4. The Act is amended by adding the following after section 7:



Notice

8. The court is not required to impose a minimum punishment unless it is satisfied that the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General’s intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment.


Report to Parliament

8.1 (1) Within two years after this section comes into force, a comprehensive review of the provisions and operation of the Act, including a cost benefit analysis of mandatory minimum sentences, shall be undertaken by such committee of the House of Commons or of both Houses of Parliament as may be designated by Parliament for that purpose.

2) The committee referred to in subsection (1) shall, within one year after a review is undertaken pursuant to that subsection, submit a report to Parliament including a statement of any changes the committee recommends.

5. (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:

(2) If a person is convicted of a designated substance offence for which the court is not required to impose a minimum punishment, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person

(2) Section 10 of the Act is amended by adding the following after subsection (3):

(4) A court sentencing a person who is convicted of an offence under this Part may delay sentencing to enable the offender


(a) to participate in a drug treatment court program approved by the Attorney General; or


(b) to attend a treatment program under subsection 720(2) of the Criminal Code.

(5) If the offender successfully completes a program under subsection (4), the court is not required to impose the minimum punishment for the offence for which the person was convicted.

6. Schedule I to the Act is amended by adding the following after item 18:


19. Amphetamines, their salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues including:

(1) amphetamine (a-methylbenzene-ethanamine)

(2) N-ethylamphetamine (N-ethyl-a-methylbenzeneethanamine)

(3) 4-methyl-2,5-dimethoxyamphetamine (STP) (2,5-dimethoxy-4,a-dimethylbenzeneethanamine)

(4) 3,4-methylenedioxyamphetamine (MDA) (a-methyl-1,3-benzodioxole-5-ethanamine)

(5) 2,5-dimethoxyamphetamine (2,5-di-methoxy-a-methylbenzene-ethanamine)

(6) 4-methoxyamphetamine (4-methoxy-a-methylbenzene*ethanamine)

(7) 2,4,5-trimethoxyamphetamine (2,4,5-trimethoxy-a-methylbenzene*ethanamine)

(8) N-methyl-3,4-methylenedioxy- amphetamine (N,a-dimethyl-1,3-benzodioxole-5-ethanamine)

(9) 4-ethoxy-2,5-dimethoxyamphetamine (4-ethoxy-2,5-dimethoxy-a-methylbenzeneethanamine)

(10) 5-methoxy-3,4-methylenedioxy- amphetamine (7-methoxy-a-methyl-1,3-benzo*dioxole-5-ethanamine)

(11) N,N-dimethyl-3,4-methylenedioxy- amphetamine (N,N, a-trimethyl-1,3-benzodioxole-5-ethanamine)

(12) N-ethyl-3,4-methylenedioxy- amphetamine (N-ethyl-a-methyl-1,3-benzo*dioxole-5-ethanamine)

(13) 4-ethyl-2,5-dimethoxyamphetamine (DOET) (4-ethyl-2,5-dimethoxy-a-methylbenzeneethanamine)

(14) 4-bromo-2,5-dimethoxyamphetamine (4-bromo-2,5-dimethoxy-a-methylbenzeneethanamine)

(15) 4-chloro-2,5-dimethoxyamphetamine (4-chloro-2,5-dimethoxy-a-methyl-benzeneethanamine)

(16) 4-ethoxyamphetamine (4-ethoxy-a-methylbenzene*ethanamine)

(17) Benzphetamine (N-benzyl-N,a-dimethylbenzene*ethanamine)

(18) N-Propyl-3,4-methylenedioxy- amphetamine (a-methyl-N-propyl-1,3-benzo*dioxole-5-ethanamine)

(19) N-(2-Hydroxyethyl)-a-meth-ylbenzene*ethanamine

(20) N-hydroxy-3,4-methylenedioxy- amphetamine (N-[a-methyl-3,4-(methylenedioxy)phenethyl]hydroxylamine)

(21) 3,4,5-trimethoxyamphetamine (3,4,5-trimethoxy-a-methylbenzene*ethanamine)

20. Flunitrazepam (5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4-benzodiazepin-2-one) and any of its salts or derivatives

21. 4-hydroxybutanoic acid (GHB) and any of its salts

7. Item 1 of Schedule III to the Act is repealed.

8. Items 25 and 26 of Schedule III to the Act are repealed.


RELATED AMENDMENTS

An Act to amend the Criminal Code (firearms) and the Firearms Act

9. Section 8 of An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003, is repealed.


Criminal Code

10. Paragraph 515(6)(d) of the Criminal Code is replaced by the following:

(d) with having committed an offence punishable by imprisonment for life under any of sections 5 to 7 of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence.

National Defence Act

11. Subparagraph (a)(ii) of the definition “designated offence” in section 153 of the English version of the National Defence Act is replaced by the following:

(ii) an offence punishable by imprisonment for life under subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or


CONSEQUENTIAL AMENDMENTS


Criminal Code

12. Paragraph 515(4.1)(c) of the Criminal Code is replaced by the following:

(c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act,

13. Subparagraph 553(c)(xi) of the Act is replaced by the following:


1996, ch. 19, art. 72



(xi) paragraph 5(3)(a.1) of the Controlled Drugs and Substances Act.


R.S., c. N-5


National Defence Act


1996, c. 19, s. 83.1


14. Paragraph 147.1(1)(c) of the National Defence Act is replaced by the following:



(c) relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act, or



COMING INTO FORCE

Order in council


15. The provisions of this Act, other than sections 10 and 11, come into force on a day or days to be fixed by order of the Governor in Council.



Published under authority of the Speaker of the House of Commons
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Old 06-10-2009, 07:06 AM #8
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The CDSA (Controlled Drugs and Substances act) can be found at this URL:

https://laws.justice.gc.ca/en/C-38.8/index.html

NOTE: Schedule II Applies to Cannabis, marijuana (marihuana), hashish, non-sterile Cannabis seed.


BTW, it's a bit late to 'organize' if the Bill has passed, don;t you think?
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Old 06-10-2009, 07:11 AM #9
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It clearly states in the amendments that 5 plants or less will not require a mandatory minimum... at least that's how I read it. Please get your facts straight before posting.


Keep in mind that I am not a lawyer, but I have read the CDSA in it's entirety.

I will be consulting a criminal lawyer this week.... we may shut down and move to a different country as this is fucking ridiculous.

-Chimera
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Old 06-10-2009, 07:20 AM #10
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Thanks for posting the details up Chimera.
Though Im still trying to absorb it, I do feel somewhat relieved having briefly read through the details regarding Bill C-15. I still think its a step in the wrong direction, without question. I doubt that it will have much impact in deterring organized crime in Canada, if that is meant to be its primary goal?
And yes, it certainly is a little late to organize a protest now that the Bill has been past.
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