Minister blasts judges over grow-op penalties

OTTAWA (CP) -- Marijuana production is a violent, organized scourge
that judges must battle with firm sentences, says Deputy Prime
Minister Anne McLellan.

McLellan, speaking a day after four Mounties were killed during a raid
on a marijuana grow op in Alberta, said society must recognize the
dangers posed by a countrywide boom in such operations, which are
often backed by organized crime.

The murder of the four police officers triggered a national debate
over the Liberal's proposed pot bill and whether it goes far enough to
discourage grow ops while decriminalizing possession of small amounts
of marijuana.

While some said the killings are further evidence of why pot should
not be decriminalized, others argued that legalization would prevent
similar incidents.

McLellan said Friday that judges who don't penalize traffickers
according to the severity of their crimes should be called to account.

"I would say that all of us -- including the judiciary -- need to
understand what is at stake here. And I think yesterday was a horrible
and tragic reminder."

Judges who don't put major producers behind bars will have to offer
reasons under the proposed legislation, McLellan said during a
national Liberal policy convention.

"Where there are aggravating circumstances and there is no jail time
- -- you explain to the people who live in your community that you serve
. . . why you did not believe jail time was appropriate in light of
aggravating circumstances."

But the proposed new bill doesn't give judges proper guidance by
setting tough penalties to actually scare people away from setting up
grow operations, said Tony Cannavino, president of the Canadian
Professional Police Association.

As a deterrent, Ottawa should set a two-year minimum sentence, to be
served in federal prison, for growing sizeable amounts of pot, he said
in an interview.

"Otherwise, there's no deterrent effect for grow ops. People will say
'Well, I can afford the fine with the money I'm making.' Or, if it's a
sentence of one or two months, they'll say 'It's just a little break,
then I'm back in business.' "