PROPOSED DRUG LAWS COME UNDER FIRE AT HEARINGS

'Clog Prisons'; Mandatory Minimums Don't Stop Crime, Opponents Say

(CNS) - Under Canada's proposed new drug laws, an 18-year-old who
shares a marijuana joint with a 17-year-old friend could end up in jail.

Small-time addicts, who are convicted of pushing drugs near schools,
parks, malls or any other prospective youth hangouts, would be
automatically imprisoned for two years.

And growers caught selling even one plant to a friend would also be
incarcerated.

The Harper government's bill to impose Canada's first mandatory
minimum prison sentences for drug crimes -- removing discretion for
judges to sentence as they see fit --has come under intense scrutiny
in public hearings, which began last week.

Several witnesses have warned the House of Commons justice committee
the proposed legislation will fill jails with drug addicts rather
than drug kingpins, who will continue to thrive while small-time
dealers are knocked out of commission.

The all-party committee will today hear from another half dozen
opponents, including Ottawa drug policy analyst Eugene Oscapella.

"It's a wonderful gift to organized crime," said Mr. Oscapella, a
lawyer who teaches at University of Ottawa.

"We're going to drive some of the smaller players out of the business
and they'll be replaced by people who do not respond to law
enforcement initiatives."

The Conservative government proposes to automatically jail dealers
and growers at a time when several U. S. states, most recently New
York, have retreated from mandatory minimum sentences, saying they
are a glaring symbol of the failed U.S. war on drugs.

"We're going in exactly the opposite direction," said New Democrat
Libby Davies, MP for Vancouver East, whose party will vote against the bill.

The Bloc Quebecois also opposes the legislation, which was originally
introduced in late 2007, but died last September when the federal
election was called.

The bill would pass in the minority Parliament if the official
Opposition Liberals decide to support it -- and MP Brian Murphy
cautioned that "the jury is still out" for his party.

"The aim of the bill is laudable, we have to crack down on organized
crime and the cash cow for it seems to be drugs," said Mr. Murphy.

The Liberals, at this stage, would probably push for amendments to
narrow the bill's reach, rather than vote against it, he said.

The U. S. experience in the past 25 years has shown that mandatory
minimum sentences have flooded jails, with a disproportionate effect
on drug addicts, the poor, the young, blacks and other minorities.

The United States surpasses every other country by far in
incarceration rates and, meanwhile, the drug business has flourished.

Justice Minister Rob Nicholson, who appeared at the justice committee
to defend his bill, was unable to supply any evidence from other
countries that mandatory minimum sentences have made any difference
in reducing drug crime. Two studies prepared for the Justice
Department, one in 2002 and the other in 2005, say that mandatory
minimums do not work.

But Mr. Nicholson asserted that the proposed legislation is a smart
response to a public outcry to crack down on the growing "scourge" of drugs.

"I can tell you there is support for this bill from many ordinary
Canadians who are quite concerned about drug abuse," said Mr.
Nicholson, who called for expedited passage of the legislation.

Ms. Davies has unsuccessfully challenged the government to supply
estimates on how many more people would be incarcerated if the law
passes, and the anticipated cost for provincial governments, who are
responsible for jails housing offenders serving sentences of less
than two years.

"It's going to clog up the prison system," she warned.

Critics also contend the bill is poorly drafted because it is overly
broad and unclear. For instance, the proposal to automatically
imprison for at least two years anyone caught selling drugs "near a
school" or "any other public place usually frequented by persons
under the age of 18" could mean virtually anywhere in an urban area,
says the Canadian Civil Liberties Association.

"Any place other than those where minors are not permitted could fall
under that legislation and thus require a two-year minimum sentence
be imposed," Graeme Norton, director of the group's public safety
project, told the committee.

The proposed legislation would impose one-year mandatory jail time
for marijuana dealing when it is linked to organized crime or a
weapon is involved.

The sentence would be increased to two years for dealing drugs such
as cocaine, heroin or methamphetamine to young people, or pushing
drugs near a school or other places frequented by youths.

The bill would mean minimum six-month sentences for growing one to
200 marijuana plants to sell, and two years for big-time growers of
500 plants or more.