DRUG BILL MISSES TARGET: CRITICS

OTTAWA (CNS) - Under 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, who are convicted of pushing drugs near schools,
parks, malls or any other youth hangout, 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 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 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 the 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 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 NDP MP Libby
Davies, whose party will vote against the bill. The Bloc Quebecois
also opposes the bill, which was first introduced in late 2007, but
died last September when the election was called. The bill would pass
if the Official Opposition Liberals support it - and MP Brian Murphy
cautioned that "the jury is still out" for his party.

The Liberals would probably push for amendments, he said.

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