CROWN TARGETS OSCVI DRUGGIES

Federal Crown attorney Clayton Conlan singled out OSCVI for an
apparent drug problem Thursday in the Ontario Court of Justice and he
vowed to seek convictions for anyone caught possessing illicit drugs
on school property.

Conlan made the comments in court after a teenaged OSCVI student was
convicted for possession of seven grams of marijuana, for which he
received a suspended sentence and 12 months probation. He can't be
identified under the Youth Criminal Justice Act.

Conlan estimates he has handled more than 10 files in which students
possessed drugs at OSCVI since assuming the role of federal Crown last
fall. Most times it's been marijuana, but once a student brought
cocaine to school and another time it was ecstasy.

He said the cases he has seen lately suggest drugs are a particular
problem at OSCVI as compared with other schools. But he was quick to
add it's not the fault of school staff. "I think they've been very
diligent. But it just so happens that the majority of charges that I
have seen stem from OSCVI."

The vast majority if not all have resulted in convictions, he said.
He'll seek convictions, even for possessing "soft drugs" like pot,
though there could always be an exception, he said.

"I am trying to send a strong deterrent message to others that we want
to stop people bringing drugs into schools," Conlan said in an
interview. "Let's face it. That's where a lot of people learn bad
habits. I'd like to keep drugs out of schools."

It's still illegal to possess marijuana in Canada, though often simple
possession of marijuana results in the case being diverted, or
disposed of, without court involvement whereby the accused person may
agree to perform community service.

Those cases would normally involve first offences and small amounts of
pot, as would cases that go to court but end in an absolute discharge
or a conditional discharge, Conlan said. The latter involve a finding
of guilt but not a conviction.

But when possession on school property is proved, Conlan said he would
seek a conviction and the criminal record that goes with it. The
suspended sentence and probation handed out Thursday to the youth
brings a criminal record.

Conlan noted drug activity at school is considered to be an
aggravating factor in sentencing.

He said there have been no trafficking charges but a few charges of
possession for the purpose trafficking have been laid since last fall.
Sometimes a compromise is reached in which the accused person pleads
to the lesser offence of simple possession, Conlan said.

In the case before the Justice Julia Morneau Thursday, Conlan told
court that a school vice-principal got suspicious when she noted the
accused was meeting with a student in a stairwell at about 10:30 a.m.
Dec. 17.

The vice-principal escorted the youth to the principal's office and en
route noticed him conceal something in the front of his pants, Conlan
said. A staff search revealed seven baggies, each with one gram of
pot, stashed in the waistband of the youth's boxers. School officials
also recovered a small digital scale elsewhere.

Police came and charged the youth with possession for the purpose of
trafficking. He was released on an undertaking to police.

Conlan said he agreed to accept a plea to the lesser offence of simple
possession after learning the youth had begun counselling at a youth
social service agency. Conlan said he also took into consideration the
20-day suspension the youth received from school administrators.

Both Conlan and the judge commended the school staff for how they
dealt with this issue.

Morneau accepted a sentence recommended by Conlan and defence lawyer
Doug Grace and placed the youth on probation for 12 months. He must
undergo any assessments the probation officer says and can't use
alcohol or unprescribed drugs. The drugs and scale were forfeited.