MOST METH TRAFFICKERS IN B.C. DON'T GO TO JAIL

Increasing the maximum sentence for people who make or sell crystal
meth should make it easier for prosecutors to obtain tougher sentences
in the courts, according to the head of the federal prosecution
service in B.C.

"I hope it would be a very clear message to everyone that
methamphetamine is .. as serious as cocaine and heroin, and that the
penalties should reflect the serious nature of the drug," said Bob
Prior, whose office handles most of the drug prosecutions in the province.

Most of those who are convicted in B.C. now of meth trafficking don't
get any jail time at all -- usually only receiving a conditional
sentence to be served in the community.

And even those convicted of the more serious offence of operating a
meth lab don't receive anywhere near the 10-year maximum.

In 2000, Michael Currie Russell was sentenced to four years in prison
for conspiring to produce large quantities of crystal meth at a lab in
Squamish -- a plan foiled by police before it got up and running.

And just this past May, Ali Reza Bamdad received a sentence of two
years less a day after operating a Vancouver meth lab that caught fire
in 2002.

But Prior said a higher top penalty can still have an impact on
sentencing even if no one is currently getting the maximum.

"The rule of sentencing is that the highest sentence goes to the worst
offender with the worst facts," said Prior.

As a result, a 10-year sentence is currently reserved for the
theoretical worst offender.

With a maximum of life in prison, Prior said, "moderate" offenders who
now get two or four years could receive something tougher.

"It does help," he said.

Prior said meth labs are still relatively rare in B.C., compared to
the huge problem of marijuana growing operations.

"But the concern is there is a growing incidence of meth labs and we
should be jumping on the problem now rather than letting the problem
develop and then trying to clean it up later on," he said.

Richard Fowler, a defence lawyer in Vancouver, agreed that increasing
the maximum penalty for meth crimes could push up sentences for all
offenders.

"I think judges would certainly take note and there would be some
marginal upward pressure on sentencing," he said.

But Fowler said he's less convinced that higher sentences will do
anything to reduce the province's meth problem.

"There's a huge demand for it and people make a lot of money from it,"
he said.

"For everyone you send to jail, there'll be another one to replace them."