Mr. Speaker, it is my pleasure to speak to Bill C-475. It is a bill that has been introduced by a Conservative colleague in the House, and I believe it is well intentioned.
The bill simply, but in a complicated way, attempts to zero in surgically on the proliferation of club and party drugs known as methamphetamines and ecstasy. The bill, in its two clauses, attempts to pinpoint persons who possess, produce, sell or import anything knowing that it will be used to produce or traffic in a substance referred to as the two drugs I mentioned.
I think there should first be context. We live in an age when the proliferation of new drugs, drugs that market themselves and drugs that are more easily manufactured than in times before, is upon us. We also know that it is no longer the growing of drugs, but the manufacture of drugs, that is a fairly easy proposition for those in the know and produces drugs of potency that can be calibrated. I do not like to use the word calibration very much on this side, but it is apt here. The calibration of the potency of a drug is much more precise in the chemical production lab than in the marijuana and poppy fields where drugs are traditionally known to come from.
We have a real epidemic of producers who, with very short learning curves in the production of drugs, can fill our streets, schoolyards and playgrounds with perhaps permanently mind-altering drugs at an affordable price in small quantities to be concealed. It is therefore the intention, I think, of my hon. friend to zero in on these club drugs.
I must say that in the four years I have been here, the Conservative approach to law and order has been to put more coats of peanut butter on top of the jam. We all know that peanut butter does not go on jam. It is not enough just to increase sentences. It does not make the criminal justice system work. This bill attempts to widen the net. It is not just another addition of a mandatory minimum. It is not just another hard penalty for a crime that already exists under the Code. We have had four years of that from the government.
It is important to recognize that this bill comes from a private member. It does not come from the government. So bravo; at least somebody on the backbench gets the idea that we can be surgical and at the same time improve the situation with respect to controlling drugs and substances, as the act says. He expands it by saying that no person shall possess, produce, sell or import “anything”. Obviously, that thing is any element that makes up the drugs ecstasy or methamphetamine.
As this is to be sent to committee, we are saying we have to very carefully examine what that word “knowing” means. Of course, someone could have a chemical that results in the production of ecstasy. That chemical may in itself have a harmless use. It may be something that someone buys for agricultural, medicinal or cleaning purposes, but it is an element that in the end makes up the drug ecstasy. I will say ecstasy because I have an easier time saying ecstasy than methamphetamine. If it is part of that process, knowingly, this bill will attempt to insert itself into the Controlled Drugs and Substances Act.
If ecstasy is produced, the penalties are very precise. There is a maximum penalty, finally we are dealing with maximum penalties, which inherently has within it the long, four years or so, ignored principle, an importance of judicial discretion when giving out sentences. The government has ignored that for so long and, treating judges like schoolchildren, has said no, that it wants mandatory minimums. This bill treats specific offences with maximum sentences therefore protecting the idea that a judge in a certain circumstance could say that this was not a case that warrants the 10 year maximum in the case of having the elements that make up ecstasy and methamphetamines, and the sentence has been increased to a 7 year maximum for other drugs.
We need to look at the government's record with respect to controlled drugs and substances. For a couple of years it might have been good enough for the Conservatives to rail and complain that they did not have the keys to the castle and therefore could not do much with respect to drug awareness and the control of harmful substances but they have been in power for four years now. This is a pretty good bill but we need to look at it at committee to see if the intent aspects are covered, because no one in this House wants to make a law that looks good on the surface but will not be efficacious.
The law has to work, which is why it will be sent to committee, I suspect, and we will see if it passes the test of being upheld by the courts. What we have seen in the last few years is a real rush into a rash of laws that had not been necessarily tested. We certainly never had one charter opinion from a Department of Justice official tabled in any of the debates we have had with respect to law and order legislation.
I welcome the British Columbia member's bill. It will have a very hearty and thorough debate at committee. Overall, however, the government's attack on the harm that drugs can do to our youth has been woeful: increasing sentences and attacking the Youth Criminal Justice Act. Many experts say that increasing sentences for youth, particularly gang members, enticed into criminal activity, will have very little deterrent effect.
We need to examine the whole road map with respect to drug prevention and education. How do we get the people who are addicted to drugs off those drugs? What is the point of putting forward legislation that speaks to diversion to drug treatment courts, which are a very good thing and supported certainly on this side, when drug treatment courts in my riding, for instance, do not even exist? It is a diversion to nowhere. We are just finishing a budget debate. Where are the resources for the prevention of addictions and the treatment for addictions. That is the item that requires five or six days of debate in this country.
Everybody has had a family member who has had a dependency of some sort. Everybody in the House who has would know that it comes through treatment, education, awareness and resources in the community to attach oneself or one's family to those services that really help the fight on addictions in this community.
Many people who are involved in addictions and find themselves in the courts are victims rather than criminals. The more we can do to help the root cause of addictions, to get more people treated and to divert them to measures that are actually funded, the less we will need well-intentioned but surgical bills such as this one which only treat the disease, not the symptoms and only make society more overladen with laws and not justice.