Evidence of meeting #23 for Justice and Human Rights in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was prevention.
A recording is available from Parliament.
4:40 p.m.
Director, Office of Demand Reduction, Department of Health
The drug treatment courts funding program is under the auspices of the Department of Justice, so they would be best positioned to tell you how that's functioning.
4:40 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
No, I don't. That's another branch.
4:40 p.m.
Conservative
May 13th, 2009 / 4:40 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Mr. Yost, I have a question to ask you. Schedule VII, which deals with the three kilos, does apply to sections 5 and 60 of the act, does it not?
4:40 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
It applies to sections 5 and 60.
4:40 p.m.
Bloc
4:40 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
It also applies to section 4, because we are discussing possession of an amount less than... But it does not affect the bill before us.
4:40 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Let's stick to the bill.
There is no schedule that applies to section 7 of the act concerning production, therefore someone who is cultivating. I have been doing some research for the last little while, but there is no schedule that applies to that.
4:40 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
I have a few years of legal experience. When I read section 3 of the current bill, it refers to subsection 7(2), therefore to production.
Do you follow me?
4:40 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
For the moment, yes.
4:40 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
The intent is to amend paragraphs 7(2)(a) and (b). Paragraph 7(2)(b), it says the following:
(b) if the subject matter of the offence is cannabis (marijuana) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of (i) imprisonment for a term of six months if the number of plants produced is less than 201
The French translation: an 18-year old is trafficking one or two pot plants and gives them to his friend. He will have to serve a minimum sentence of six months.
4:40 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
What is he charged with?
4:40 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
He is charged with production pursuant to subsection 7(2) of the act.
4:40 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
I must admit I had not thought of that scenario.
4:40 p.m.
Bloc
4:40 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
I will see Paul Saint-Denis in Iqaluit tonight.
4:40 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
You have a week and a half because next week, we will not be working. You work hard. Apparently we will be on vacation.
4:40 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
All right. I could therefore wait for his return on Tuesday. You will get your answer.
4:40 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
This is extremely important, because according to my interpretation, it is at least six months.
4:40 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
I now understand your perspective. There will be a response. I cannot give it to you immediately. Trafficking of a single plant is not a scenario I would have thought of. I always think of trafficking what has already been grown.
4:40 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
You are right, because the department wants to attack the big producers, and I absolutely agree. However, this targets youth. So we agree that this applies. It must be verified.
My next question is for the Canadian Bar or one of the other panelists. Perhaps you could answer, Mr. Yost. Have you found any study—and I only want one—demonstrating that minimum prison sentences are good, correct and that they help with rehabilitation? Can someone answer that question? I would greatly appreciate it. If you have such a study, I want to know about it and would like to have a copy.
