Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
CN NF: Through a series of amendments pushed by local senator George Baker, a Conservative government bill aimed at cracking down on drug traffickers has likely been killed.
Bill C-15 passed its third reading in the Canadian Senate on Dec. 14. The bill would create mandatory minimum sentences for people caught trafficking controlled substances.
The bill had received unanimous support in Parliament, and will now be sent back there after passing in the Senate.
"It won't become law," said Senator Baker. "If they approve the bill with the amendments we enacted, it will remove the bills affect on what ( the Conservatives ) call the small-fry."
The amendment Senator Baker was concerned with regarded minimum sentences for possession for purposes of trafficking.
" Trafficking, under our Controlled Drugs and Substances Act, means the physical act of loaning to somebody, of passing to somebody, of selling to somebody - in other words, if you pass one joint of marijuana to somebody, it's trafficking," said the senator.
These offences would carry with them a maximum sentence of life in prison. While Senator Baker admitted the likelihood of this happening would be next to nothing, he said the criminal recorded of being charged under this law would have been crippling for people in the long run.
"If you have in the previous 10 year been convicted of passing one joint, you'd be in for a minimum sentence of one year in jail and your maximum would be life."
Senator Baker amended the second portion to say "if somebody had served a jail term in excess of a year within the previous 10 years," instead of passing a joint.
By placing a substantial requirement, he said this would prevent university students caught passing a joint of marijuana from becoming caught in mandatory minimum sentences. Otherwise, he said they will have a criminal record hanging over their head that will hinder job opportunities. "Under this legislation, you could catch a university student in today's world and sentence them to life imprisonment. Even if they didn't get a substantial sentence, under our laws in Canada, if you have an offence under the criminal code under which life imprisonment is a maximum sentence, other things kick in."
Hard knocks
Under the scenario, they would not be entitled for a pardon for up to 17 years - with a drug trafficking conviction remaining on a person's record for the duration.
Under a summary offence, it is three years, and under indictable offences, six years. For offences with the possibility of life imprisonment, conditions become more substantial, said Senator Baker.
"In effect, a young person's life will be ruined by the simple act of passing a marijuana cigarette to somebody. My point is, if you're going to pass laws, go after the big guys, the big traffickers. Go after the organized gangs with guns, but don't go picking on little university students."
In the Senate, he pointed out the case of American president Barrack Obama, who in his book Dreams From My Father admitted to smoking pot and using ******* in college.
"That was a part of his life during his university years, and I used that of an example of the draconian measure the government introduced, and which all the other parties approved," said Senator Baker.
He added if President Obama had been caught under this law in Canada, he would never have had the chance to become a world leader.
Justice Minister Rob Nicholson expressed his anger over the amendments in a press release last week, and said he hopes Liberal MPs will agree to restore the bill to its previous form when it comes back to Parliament in the new year.
Senator Baker said this would likely lead to a cyclical effect, making the possibility of the law coming into effect improbable.
In showing support for the original bill, Senator Baker said he was disappointed by the lack of conviction shown by Liberal MPs, whom he accused of being afraid of triggering a election.
Four years earlier as the government, he noted the Liberals had introduced legislation to decriminalize the possession of small and medium amounts of marijuana.
" You would receive a traffic ticket ... you wouldn't be hauled into court - you'd just pay a fine."
He called the Liberals actions "pure and utter politics."
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Coaster (CN NF)
Copyright: 2009 Coaster
Contact: coaster@optipress.ca
Website: The Coaster: Proudly serving the Coast of Bays
Author: Andrew Robinson
Bill C-15 passed its third reading in the Canadian Senate on Dec. 14. The bill would create mandatory minimum sentences for people caught trafficking controlled substances.
The bill had received unanimous support in Parliament, and will now be sent back there after passing in the Senate.
"It won't become law," said Senator Baker. "If they approve the bill with the amendments we enacted, it will remove the bills affect on what ( the Conservatives ) call the small-fry."
The amendment Senator Baker was concerned with regarded minimum sentences for possession for purposes of trafficking.
" Trafficking, under our Controlled Drugs and Substances Act, means the physical act of loaning to somebody, of passing to somebody, of selling to somebody - in other words, if you pass one joint of marijuana to somebody, it's trafficking," said the senator.
These offences would carry with them a maximum sentence of life in prison. While Senator Baker admitted the likelihood of this happening would be next to nothing, he said the criminal recorded of being charged under this law would have been crippling for people in the long run.
"If you have in the previous 10 year been convicted of passing one joint, you'd be in for a minimum sentence of one year in jail and your maximum would be life."
Senator Baker amended the second portion to say "if somebody had served a jail term in excess of a year within the previous 10 years," instead of passing a joint.
By placing a substantial requirement, he said this would prevent university students caught passing a joint of marijuana from becoming caught in mandatory minimum sentences. Otherwise, he said they will have a criminal record hanging over their head that will hinder job opportunities. "Under this legislation, you could catch a university student in today's world and sentence them to life imprisonment. Even if they didn't get a substantial sentence, under our laws in Canada, if you have an offence under the criminal code under which life imprisonment is a maximum sentence, other things kick in."
Hard knocks
Under the scenario, they would not be entitled for a pardon for up to 17 years - with a drug trafficking conviction remaining on a person's record for the duration.
Under a summary offence, it is three years, and under indictable offences, six years. For offences with the possibility of life imprisonment, conditions become more substantial, said Senator Baker.
"In effect, a young person's life will be ruined by the simple act of passing a marijuana cigarette to somebody. My point is, if you're going to pass laws, go after the big guys, the big traffickers. Go after the organized gangs with guns, but don't go picking on little university students."
In the Senate, he pointed out the case of American president Barrack Obama, who in his book Dreams From My Father admitted to smoking pot and using ******* in college.
"That was a part of his life during his university years, and I used that of an example of the draconian measure the government introduced, and which all the other parties approved," said Senator Baker.
He added if President Obama had been caught under this law in Canada, he would never have had the chance to become a world leader.
Justice Minister Rob Nicholson expressed his anger over the amendments in a press release last week, and said he hopes Liberal MPs will agree to restore the bill to its previous form when it comes back to Parliament in the new year.
Senator Baker said this would likely lead to a cyclical effect, making the possibility of the law coming into effect improbable.
In showing support for the original bill, Senator Baker said he was disappointed by the lack of conviction shown by Liberal MPs, whom he accused of being afraid of triggering a election.
Four years earlier as the government, he noted the Liberals had introduced legislation to decriminalize the possession of small and medium amounts of marijuana.
" You would receive a traffic ticket ... you wouldn't be hauled into court - you'd just pay a fine."
He called the Liberals actions "pure and utter politics."
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Coaster (CN NF)
Copyright: 2009 Coaster
Contact: coaster@optipress.ca
Website: The Coaster: Proudly serving the Coast of Bays
Author: Andrew Robinson
