Madam Speaker, I am pleased to have the opportunity to participate in this debate this afternoon on Bill C-15, which is an act to amend the Controlled Drugs and Substances Act.
This is similar legislation to legislation that was introduced in the last Parliament, Bill C-26, and as we know, the early call of the election ended the life of that bill. It died on the order paper. If it were as crucial as Conservatives would have us believe, I wonder why we went to that early election. They had a mandate for four years, given their own legislation, but they chose to prorogue that Parliament and go to an election. We could have dealt with this already in Parliament.
This bill, and we have heard a lot about it today, really is about establishing mandatory minimum sentences for a whole range of drug crimes. That is one of the controversial aspects of this legislation. We have heard from many folks in the debate already about the problems associated with establishing mandatory minimum sentences.
We have heard the member for Halifax explain that having one marijuana plant could lead to a mandatory minimum sentence of six months in prison under this legislation. These are the kinds of things that this bill is establishing.
There has been some conversation this afternoon about the aspect of the bill that deals with date rape drugs, and I know that currently, under the Criminal Code, date rape drugs are already treated very seriously. Inducing or administering a stupefying substance to someone is a very serious criminal offence already under the Criminal Code of Canada.
That issue kind of misses the point about this legislation. This is really about establishing mandatory minimum sentences on a whole range of drug crimes.
We know very clearly, from the experiences primarily in the United States but even some of our own, that mandatory minimum sentences do not work. They do not work to reduce drug addiction. They do not work to make our communities safer.
We can look directly to Canadian government reports, to reports from our own justice department, that talk about the efficacy of mandatory minimum sentences. In 2002 the justice department concluded that mandatory minimum sentences were least effective when it comes to drug crimes. Despite that conclusion of the justice department, we have a bill here that is entirely concerned with mandatory minimum sentences for drug crimes.
The report specifically said:
Mandatory minimum sentences do not appear to influence drug consumption or drug-related crime in any measurable way. A variety of research methods concludes that treatment-based approaches are more cost effective than lengthy prison terms. MMS are blunt instruments that fail to distinguish between low and high-level, as well as hardcore versus transient drug dealers.
That is from the 2002 report “Mandatory Minimum Penalties: Their Effects on Crime, Sentencing Disparities, and Justice System Expenditures”. That is advice from our own Department of Justice on the issue of mandatory minimum sentences, specifically when it comes to drug crimes. We need to pay attention to that advice.
We have seen what has been done in other jurisdictions, jurisdictions in the United States, some of which got very heavily into mandatory minimum sentences such as Michigan and California, and now they have backed away.
Michigan in particular had harsh anti-drug laws, most of them the harshest in the United States. They included quite a number of mandatory minimum sentences for almost all drug offences. In 2004 Michigan started to back away from that and repeal those provisions because it found it was not working. It was not solving the problems and it was creating other problems for that state. California has repealed mandatory minimum sentences for minor drug offences. In fact, it is also now considering regulating marijuana, moving in a completely different direction from mandatory minimum sentencing.
Delaware and Massachusetts are also reviewing legislation around mandatory minimum sentences because they too have noticed that these kinds of mandatory minimum sentence regimes have not helped those states deal with the social impacts of drug use and addictions. They have not helped with the criminal aspects of the problem either.
One thing contemplated in the legislation is drug courts, and we have concerns about them. One of the problems with drug courts is that coercive treatment or mandatory treatment is often ineffective. We cannot force somebody into treatment unless they have made that personal commitment to go through that process.
Sometimes in drug courts people will agree to a treatment program as a way of avoiding jail time. That is not exactly the most effective way of going into a treatment program. People have to be there because they want to get better. They want to deal with the health implications of their addiction. It is a very difficult issue with which to deal.
We want to be careful about drug courts. There is some value in courts that have particular expertise in dealing with drug and addiction issues and those kinds of things. We want to ensure that our courts have those specialized skills. However, we have to be careful when it comes to coercing or requiring treatment. We know that is not effective.
There is also concern for our court system, for the progress of issues through our court system, clogging our court system as we deal with more mandatory minimum sentences. I want to read a quote from retired British Columbia judge, Jerry Paradis, who is a spokesperson for Law Enforcement Against Prohibition, which is a group of law enforcement officers, some current, some retired, and some judicial and court officials who oppose drug prohibition regimes. Former Judge Paradis said:
Mandatory minimums are also a great motivator for trials, jamming up the courts. Unless a deal is struck, it is a sure bet that a charge carrying...minimum sentence will be fought tooth and nail.
We know that when people who are charged with a crime face a minimum sentence, they often want to go to trial. It reduces the number of options available to the legal system because people are facing a mandatory minimum sentence if they are convicted of that crime.
Most of our courts are in crisis. The delays are long and there is a growing concern about the course of justice in that system. We need to consider very carefully anything that further jams up our courts. There are concerns the legislation will do that as well.
We also have to be concerned about the population of our prison system. If we are talking mandatory minimum sentences, we will be putting more people in jail for longer periods of time. We have heard how half of the new mandatory minimum sentences in the legislation are two years or less, which means those who are convicted will serve time in provincial prisons. We have to wonder if the provinces are prepared for the increase in prison population, which the legislation may mean for their jurisdictions.
Getting people into prison has not always been shown as the best way of dealing with reducing crime in our society. Sometimes we have said that prisons are a great place to develop one's criminal network. It is not a great place for rehabilitation. We have to examine very carefully any legislation that will increase the population of our prisons.
A lot of the provisions, mandatory minimum sentences being on of them, are provisions that came out of the U.S.-led war on drugs. The criminal approach to dealing with addiction and drug crime has been shown to be a huge failure. As I have noted already, many jurisdictions in the United States continue to re-examine that.
We need, instead, an approach that deals with drug and addiction issues as a health issue. We need to ensure that people have available to them the medical attention and the treatment they need to deal with their addictions. If we put as many resources into that as we do into enforcement, we would see some very positive results for our society and for people who are our neighbours, friends and family members. We need to pay more attention to that.
We have heard how 73% of federal funding and funding related to the drug issue goes into enforcement work and much lower levels go into treatment, prevention and harm reduction. There is a very clear indication of the bias of the government when it comes to how to deal with issues related to drug use. I agree with others who have said that we need to turn those statistics around and ensure that we value each of those four pillars related to how to more appropriately deal with drugs and drug addiction in our society.
We need to fund the other pillars equally, as we do enforcement. The federal government has chosen to put all of its eggs in the enforcement basket and we have not seen effective returns on that expenditure.
Many people are questioning the drug prohibition regime that we are under. I want to quote from a letter that I found as I was researching this. It was written by the directing attorney of Prisoner Legal Services in the City and County of San Francisco's sheriff's office, a woman named Carol Ruth Silver. It is taken from her letter of resignation, which she tendered back on January 30 of this year. She stated:
—I have found myself having to bite my tongue in talking to some prisoners about their charges -- at least half of them with nonviolent drug charges. I find it difficult to discuss the financial or child custody problems of a prisoner, when I cannot look them in the eye and justify their being in jail. His or her incarceration is as a result of their own actions, but much more so as a result of a mistaken, unfair, and unjust set of laws which criminalize drugs in our society, based on the failed model of Prohibition of alcohol which we enacted and then repealed.
Each of such prisoners is in our jail only because of our bad politics of drug regulation. It is this set of policies which is the most direct cause of the continued excessive incarceration rates in the US.
This is an attorney working in the sheriff's office in a major United States city who could not continue in that position because of the problems that she had recognized stemmed from the regime of drug prohibition. She had to leave that position because she could no longer deal with the contradictions and the difficulties that placed her in as she tried to work in that office.
It is important to remember the history of alcohol prohibition. The United States went very seriously into alcohol prohibition back in the 1920s and 1930s and made it illegal, prohibited it, in exactly the same way that drugs are prohibited today in Canada. If we look at the history of what happened with alcohol prohibition, we will see not a close parallel but an exact parallel to what is happening in our society today with regard to drugs.
I want to give some examples that are in a report called “We Can Do It Again: Repealing Today's Failed Prohibition”, which is presented by Law Enforcement Against Prohibition, an organization of law enforcement and court officials who are working on ending drug prohibition, and the Criminal Justice Policy Foundation of the United States. They reviewed some of what happened under alcohol prohibition. If we go over these points, we will see the exact parallel to what is happening in our society today.
They note that sociologists who looked it in the United States noticed that alcohol became associated during the period of prohibition with a rebellious, adventurous lifestyle, which increased its desirability, especially among the young. A detrimental effect of prohibition was to increase alcohol's popularity.
They also note that alcohol, even though prohibition had been enacted, remained fully present in daily urban life and that in New York City before prohibition there were 15,000 saloons. Five years into prohibition, those saloons were replaced by as many as 32,000 underground speakeasies. There was a huge trend toward more alcohol consumption and a greater presence of alcohol in urban life after prohibition.
They further noted that when alcohol was prohibited, the alcohol that was available was in its most concentrated and potent form, a natural result of the costs involved in smuggling and concealing it.
They note that beer and wine were largely replaced by liquor in illegal speakeasies because of this trend. We have seen exactly that same trend with regard to drugs in our society. More potent drugs are more available now, directly as a result of these policies.
They note that under prohibition, providing liquor to meet the public demand required industrial scale production and distribution, and it was enormously profitable. The inevitable result was the creation of modern organized crime syndicates.
They also note that the Great Depression made things even worse as people looked for ways to replace lost income and lost jobs. They actually found employment with alcohol smugglers.
They note that under alcohol prohibition, the homicide rate reached unprecedented levels, as gangsters struggled for control of the very lucrative alcohol market by killing each other, police officers and any innocent citizen who stood in the way of their immense untaxed profits.
There could be no greater example or parallel than exactly what is happening in Vancouver today. I think 38 people have been shot as a result of the gang drug wars and approximately 17 people have been killed as a result of that.
The period of alcohol prohibition actually led to increased violence, increased organized crime activity and gang activity. We see exactly that same trend today.
They also note that public health suffered during the period of alcohol prohibition. In New York City, alone, there was a 525% increase in deaths related to alcoholism and alcohol poisonings during the first six years of prohibition because there was no oversight of the manufacture of alcohol. Bathtub gin, for instance, was often very dangerous and often blinded or killed people who imbibed. We have seen exactly the same thing with the bad drugs that are on our streets today during this period of drug prohibition.
They make the point that courts were clogged with alcohol prohibition related offences back during the period of alcohol prohibition in the United States. They also note that public respect for the rule of the law suffered greatly because the court process was slowed down and because there was such widespread disrespect for the law on alcohol prohibition. It had further ramifications about people's respect for the whole legal system. We have seen that in Canada as a result of our drug prohibition policies.
Finally, the report concludes that during the period of alcohol prohibition in the United States, vital services and programs had to be cut because, in addition to the expensive costs of prohibition enforcement, government budgets were deprived of tax revenue from alcohol sales, from alcohol industry workers' salaries, and the properties where alcohol was produced, stored and consumed.
Because the alcohol industry was underground, it was not taxed and it affected government revenues in a serious way, a way that would have assisted in dealing with some of the social problems that can normally be associated with alcohol. We see that today in our society with regard to drug prohibition issues.
Concerns about drug prohibition and ending drug prohibition are not way out there. The Fraser Institute, a fairly conservative think tank in Vancouver, back in 2001 called for an end to drug prohibition. It was said in very strong terms. It did not mince words about how inappropriate and costly this continued approach was to our society.
Also, the Health Officers' Council of British Columbia has called for a major social initiative around coming up with better drug regulation policies. We are not talking about removing all drug regulations. We know there still needs to be a regulatory regime in place, but an appropriate one. The health officers of British Columbia have also raised concerns about drug prohibition as a strict policy and have said that we need to face the health implications and get on with coming with a better regulatory regime in Canada. I do not believe the bill is a step in that direction, which is the way we should go.
I look forward to seeing our society fully engage in that kind of process in the very near future. The time when we should be working on these issues in a very serious way has passed.