BAKER HELPS KILL DRUG TRAFFICKERS BILL

Through a series of amendments pushed by local senator George Baker, a
Conservative government bill aimed at cracking down on drug
traffickers has likely been killed.

Bill C-15 passed its third reading in the Canadian Senate on Dec. 14.
The bill would create mandatory minimum sentences for people caught
trafficking controlled substances.

The bill had received unanimous support in Parliament, and will now be
sent back there after passing in the Senate.

"It won't become law," said Senator Baker. "If they approve the bill
with the amendments we enacted, it will remove the bills affect on
what (the Conservatives) call the small-fry."

The amendment Senator Baker was concerned with regarded minimum
sentences for possession for purposes of trafficking.

" Trafficking, under our Controlled Drugs and Substances Act, means
the physical act of loaning to somebody, of passing to somebody, of
selling to somebody - in other words, if you pass one joint of
marijuana to somebody, it's trafficking," said the senator.

These offences would carry with them a maximum sentence of life in
prison. While Senator Baker admitted the likelihood of this happening
would be next to nothing, he said the criminal recorded of being
charged under this law would have been crippling for people in the
long run.

"If you have in the previous 10 year been convicted of passing one
joint, you'd be in for a minimum sentence of one year in jail and your
maximum would be life."

Senator Baker amended the second portion to say "if somebody had
served a jail term in excess of a year within the previous 10 years,"
instead of passing a joint.

By placing a substantial requirement, he said this would prevent
university students caught passing a joint of marijuana from becoming
caught in mandatory minimum sentences. Otherwise, he said they will
have a criminal record hanging over their head that will hinder job
opportunities. "Under this legislation, you could catch a university
student in today's world and sentence them to life imprisonment. Even
if they didn't get a substantial sentence, under our laws in Canada,
if you have an offence under the criminal code under which life
imprisonment is a maximum sentence, other things kick in."

Hard knocks

Under the scenario, they would not be entitled for a pardon for up to
17 years - with a drug trafficking conviction remaining on a person's
record for the duration.

Under a summary offence, it is three years, and under indictable
offences, six years. For offences with the possibility of life
imprisonment, conditions become more substantial, said Senator Baker.

"In effect, a young person's life will be ruined by the simple act of
passing a marijuana cigarette to somebody. My point is, if you're
going to pass laws, go after the big guys, the big traffickers. Go
after the organized gangs with guns, but don't go picking on little
university students."

In the Senate, he pointed out the case of American president Barrack
Obama, who in his book Dreams From My Father admitted to smoking pot
and using cocaine in college.

"That was a part of his life during his university years, and I used
that of an example of the draconian measure the government introduced,
and which all the other parties approved," said Senator Baker.

He added if President Obama had been caught under this law in Canada,
he would never have had the chance to become a world leader.

Justice Minister Rob Nicholson expressed his anger over the amendments
in a press release last week, and said he hopes Liberal MPs will agree
to restore the bill to its previous form when it comes back to
Parliament in the new year.

Senator Baker said this would likely lead to a cyclical effect, making
the possibility of the law coming into effect improbable.

In showing support for the original bill, Senator Baker said he was
disappointed by the lack of conviction shown by Liberal MPs, whom he
accused of being afraid of triggering a election.

Four years earlier as the government, he noted the Liberals had
introduced legislation to decriminalize the possession of small and
medium amounts of marijuana.

" You would receive a traffic ticket ... you wouldn't be hauled into
court - you'd just pay a fine."

He called the Liberals actions "pure and utter politics."