MPS MAY HAVE TO TAKE ANOTHER LOOK AT DANGERS
OF CRYSTAL METH: JUDGE

REGINA -- A hearing to address the dangerousness of methamphetamines may
not proceed after a convincing argument made by a defence lawyer Wednesday
led a provincial court judge to consider recommending that Parliament, not
the courts, reassess the classification of the drug.

The hearing was ordered late last year by Judge Linton Smith during the
sentencing of a Regina man -- who pleaded guilty to possession and
trafficking a total of 134 grams of methamphetamines.

The federal Crown prosecutor, Hal Wellsch, requested the court consider
methamphetamines more dangerous and addictive than cocaine and suggested
sentencing should reflect that -- especially since he considered 134 grams
of meth to be 1,340 doses of the drug. Defence lawyer Doug Andrews
disagreed strongly and his argument Wednesday might have changed Smith's
mind as to the court's role in the matter.

"We're almost in a situation where the Crown is trying to show the court
that this drug should be dealt with in a manner subsequent to how
legislators intended," said Andrews in court Wednesday.

He explained that unlike cocaine, which is a Schedule 1 drug under the
Controlled Substances Act, methamphetamines -- all 22 variations -- are
listed as less serious Schedule 3 drugs. Andrews added unlike Schedule 1
and 2 drugs -- which include marijuana -- that have a maximum sentence of
life in prison for possession and trafficking charges, Schedule 3 drugs
only carry a maximum sentence of 10 years. He also added methamphetamines
weren't even under the act until recently -- having once been under the
Food and Drug Act.

"That's a powerfully persuasive argument," said Smith. "I wasn't aware meth
was on a different schedule (than cocaine) -- in this case it's a
significantly different legislative structure. Clearly that is an
instruction to the courts we ought not deal with it harsher than cocaine.

"Obviously, considerable thought was given this by legislators," Smith
added. "If what you say is correct (about the dangerousness of
methamphetamines) it's up to Parliament to take it up again. It's not
appropriate for a judge to overrule Parliament."

The hearing drew the attention of the Saskatchewan Party, as MLA Brenda
Bakken chose to sit in on the court proceedings. The provincial opposition
believes the provincial and federal governments aren't doing enough to deal
with the threat of crystal meth in Canada.

"The legislation is not paying proper homage to what the seriousness is of
crystal meth," said Bakken. "I think that's where it has to go, the federal
government needs to take a serious look at this issue. Crystal meth is very
addictive -- it's a dangerous deadly drug. The sentencing has to reflect that."

Smith adjourned the hearing and sentencing until today.