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News (Media Awareness Project) - CN AB: Bad Year For Lab Busts
Title:CN AB: Bad Year For Lab Busts
Published On:2004-02-08
Source:Edmonton Sun (CN AB)
Fetched On:2008-01-18 21:51:40
BAD YEAR FOR LAB BUSTS

Mounties busted nine methamphetamine labs in Alberta last year, but didn't
lay a single production or trafficking charge against the suspects behind
them. Federal "precursor" regulations mean Canadians can buy and store many
of the chemicals used to make meth without breaking the law. And that makes
it difficult for police to lay charges in cases where the finished product
- - methamphetamine - isn't found at the scene.

"We haven't had a good year," said Sgt. Harold Trupish, who heads up
K-Division's clandestine lab investigation service. "We've taken some
serious items away, but we haven't had charges.

"If there's no physical evidence, we've got to get an admission from
somebody that it's theirs. Without that, we've got a lab and we don't know
who's responsible for it."

A Year Without Charges

RCMP laid several charges in connection with meth lab busts in 2002 and
last week made their first of 2004 in the Calgary area. But the fact
Mounties went a year - and nine busts - without laying a production or
trafficking charge in connection with lab busts highlights the disturbing
loopholes in federal laws, said Drayton Valley Mayor Moe Hamdon.

"It sends an awful message. I've got to think that (criminals) are sitting
back laughing because they know they can get away with it," said Hamdon.
"The police, based on the manpower they have, are doing a great job. But
they need additional tools."

Hamdon, like solicitor general Heather Forsyth, has been lobbying the feds
to change their precursor control regulations. The current laws restrict
the import and export of chemicals used to "cook" meth, but key ingredients
can still be bought over the counter here.

Ephedrine, for example, is found in many common cold remedies.

Some restrictions are placed on other chemicals typically used to
manufacture the drug, but unless the finished product is found, it can be
hard to prove the owner intended to produce meth, said police.

Reviewing The Laws

"We're aware of the difficulties involved in charging and prosecuting those
found with precursors. It's a matter of closing the loopholes," said Terry
Jorden, a spokesman for Forsyth's office.

He added the department has a committee reviewing federal laws with the aim
of recommending harsher laws for precursor possession.

"Once we know what the best approach is, (Forsyth) will make her
recommendation to her counterparts in Ottawa and the other provinces."

Health Canada introduced a series of new precursor control regulations last
year, but Forsyth has called for tougher restrictions on the sale of
ingredients used to manufacture meth. U.S. authorities have also made no
secret of their frustration with Canada's precursor laws, which are much
less strict in comparison.

"We can charge based on the apparatus and precursor chemicals found at the
site," said Bill Garvey, special agent supervisor with the State of California.

"Certain chemicals, found in combination, show the intent under the law to
manufacture methamphetamine. So anybody we find at the lab site - they go
to jail. Sentences for precursor possession can range from one to 15 years."

Trupish said it's possible charges could still be laid in connection with
the 2003 lab busts, but "I wouldn't hold my breath."
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