NEW DRUG LAWS WOULD FILL PRISONS, CRITICS SAY

Proposed Penalties Could Jail Small-Time Addicts

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

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

Growers caught selling even one plant to a friend would also be
jailed.

The Harper government's bill to impose Canada's first mandatory
minimum prison sentences for drug crimes -- removing judges'
sentencing discretion -- 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.

The all-party committee will likely get an earful again today when it
hears from another half dozen opponents, including Ottawa drug policy
analyst Eugene Oscapella.

"It's a wonderful gift to organized crime," said 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 American 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 and merely overcrowd
jails.

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

Justice Minister Rob Nicholson, who appeared at the committee to
defend his bill, was unable to supply evidence from other countries
that mandatory minimum sentences have made a difference in reducing
drug crime.

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