COURT UPHOLDS SENTENCE FOR ECSTASY DEALER

MANITOBA'S highest court has raised the bar on ecstasy sentences, upholding
the province's first-ever case in which a young dealer of the popular
designer drug was given prison time.

Terrence James Bercier, 21, is the reluctant new poster boy for a
stepped-up war against an emerging drug which has already killed a handful
of Manitoba youth in recent years.

The Manitoba Court of Appeal unanimously upheld the 28-month sentence given
to Bercier by Queen's Bench Justice Daniel Kennedy, cataloguing ecstasy's
harmful effects while stopping just short of linking it with potent
narcotics like cocaine and heroin.

"The trial judge was rightly concerned with the dangers of ecstasy,
especially for young people," appeal court Justice Barbara Hamilton said in
the decision, released this week.

"He appropriately wanted to send a strong message of deterrence to the
accused and to the community that trafficking in ecstasy will result in
serious consequences for the offender."

Bercier was arrested in September 2001 attempting to sell ecstasy outside
the Club Regent Casino. Members of the Winnipeg police vice division were
tipped off about Bercier by a confidential informant, court was told.

Police seized 91 tablets of ecstasy along with a small quantity of
marijuana and $890 cash which was found to be proceeds of crime.

Bercier's lawyer, Mark Wasyliw, had argued the unprecedented prison
sentence was "harsh and excessive". He claimed the judge overstated the
dangers of ecstasy and treated his client as if he'd been selling cocaine
or heroin.

Bercier was seeking a sentence of time in custody for the six months he was
held without bail.

A handful of previous ecstasy cases in Manitoba have resulted in suspended
or conditional sentences. There are minimal examples in other provinces of
jail time for ecstasy dealers, including Alberta and British Columbia.

Under the Controlled Drugs and Substances Act, heroin and cocaine are
"Schedule I" drugs which are eligible for maximum sentences of life in
prison. Ecstasy is a "Schedule III" drug, which carries a maximum penalty
of 10 years. The appeal court agreed this week ecstasy isn't in the same
category as cocaine and heroin, largely because there is no evidence it is
addictive. But they said it doesn't make it any less dangerous.

"These dangers are not minimized because ecstasy has not been proven to be
addictive," wrote Hamilton.

Hamilton noted one of the greatest dangers is the fact ecstasy is so easily
produced by blending a combination of synthetic substances and the
composition of tablets can very greatly to the point "the user cannot know
what is being consumed".

"Ecstasy is most frequently used by young people at large crowded dance
parties call raves. It is used to postpone fatigue and allow the user to
dance for hours and have feeling of euphoria," Hamilton wrote in the decision.

"Its most consistent physiological effect is the induction of hypothermia
that can lead to heatstroke, and in some reported cases, death. This effect
is exacerbated in the rave setting."

The appeal court agreed the 28-month sentence for Bercier is on the "high
end" of the range but said there's no reason to reduce it because a strong
message of deterrence must be sent to the community.

Wasyliw believes this decision is an "aberration" which will set a cap on
how high sentences can go, and not serve as a springboard for even harsher
penalties.

Bercier has a prior criminal record, but not for any drug offences. His
convictions are largely for breaching court orders.

A pre-sentence report painted a "discouraging" picture of his future,
according to the appeal court. "It notes the accused has a history of using
a wide variety of drugs, starting with marijuana at age 12," wrote Hamilton.

"Even more concerning is that the accused doesn't acknowledge the dangers
associated with taking drugs; rather, he maintains that drug use is not
problematic to him or others."

Bercier dropped out of high school, has a spotty employment history and has
been deemed a high-risk to re-offend.

Two years ago, Hamilton was sitting as a Queen's Bench justice when she
spared a 20-year-old ecstasy dealer a jail term and instead gave him a
conditional sentence in one of the first court cases dealing with the drug.

Matthew Trepel was caught selling one pill to an undercover police officer
at a Transcona rave. Police found 19 other pills in his pocket. Trepel had
no prior criminal record.

The sentence came one week after a 24-year-old first-time offender was
given a 30-month prison sentence for possessing crystal methamphetamine,
another popular party drug which has been found to be addictive, unlike
ecstasy.