The government's omnibus crime bill is enormous and difficult to read, as it mostly consists of scattered amendments to this or that legislation. But after some time struggling through it, I've found several instances where the government's public statements about what's in the bill do not entirely capture what's in the bill. I'll have more on this in a column to be published Monday.

In the meantime, I tweeted some of what I've found -- including the fact that someone who grows even a single marijuana plant in a rented apartment, with the intention of sharing it with a friend, would be hit with a mandatory minimum of nine months in jail.

The press secretary to the minister of justice emailed to tell me I was wrong. So I had another look. And I consulted with some people far more capable than I. And I became even more strongly convinced I'm right -- and the press secretary to the minister of justice doesn't know what is in her government's bill.

The legislation can be found here. See section 41(1).

Following is my correspondence with the minister's press secretary.

 

From: Gardner, Daniel (ott) [mailto: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ]
Sent: 2011-Oct-14 1:32 PM
To: Stephens, Pamela
Subject: RE: your comments on Twitter

Thanks for this.

But I had a close look at the legislation as it is now drafted. I've also conferred with someone who will be testifying at the committee hearings Tuesday. And with respect, I think you're wrong.

First, I did not refer to possession. I referred to someone growing a plant for the purpose of trafficking. In public, your minister has consistently represented "trafficking" as some sort of large-scale selling of marijuana for profit. But the legal definition -- as the minister should certainly know -- includes selling, giving, or even offering the prohibited substance. Thus, anyone who grows a plant with the intention of sharing it with anyone else is doing so with the intent of trafficking. And will be subject to the mandatory minimum.

Second, the mandatory minimum you refer to is not the only one in the bill. There is another mandatory minimum, for nine months, which applies in certain specified circumstances. One of those circumstances is where the growing is done on real property which does not belong to the grower. Hence, a rented apartment qualifies. Furthermore, there is no "more than five" cutoff on that mandatory minimum, so it applies even if someone grows a single plant.

All of which demonstrates that if your intention with this legislation is to "disrupt criminal organizations," it has much wider application than you intend. And will inflict punishments which I think the great majority of Canadians would find grotesque.

Of course my interpretation may be wrong. If so, please have one of your lawyers contact me to explain how and why based not on a backgrounder but the precise wording of the legislation.

I do appreciate your reaching out like this. Would you mind if I posted this exchange on my website?

Thanks,

Dan
________________________________________
From: Stephens, Pamela [ This e-mail address is being protected from spambots. You need JavaScript enabled to view it ]
Sent: Friday, October 14, 2011 12:13 PM
To: Gardner, Daniel (ott)
Subject: Re: your comments on Twitter

Hi Dan,

I saw your tweets earlier today and I wanted to take the opportunity to clarify some of the points you make with regard to Bill C-10's provisions regarding mandatory penalties for serious drug crimes.

Contrary to your assertion, Bill C-10 would not result in a mandatory penalty for someone who "grows even a single pot plant in a rented apartment." The proposed mandatory sentences apply for the production of six or more plants and only when the offence is carried out for the "purpose of trafficking". Simple possession offences would not be subject to any mandatory penalties.

Please refer to the attached backgrounder which contains a chart outlining the sentences proposed in the legislation.
<<110920 - Organized Drug Crime BKG E FINAL.docx>> Again, the Safe Streets & Communities Act is carefully targeted at disrupting criminal organizations who supply illicit drugs, which is without a doubt the most significant source of money for gangs and organized crime. Police and fire chiefs have long called for increased sentences for this kind of behaviour, as grow ops and meth labs constitute a significant hazard to the community. Landlords are increasingly fed up with the damage caused to their dwellings by pot producers.

Drug producers and dealers who threaten the safety of our communities must face tougher penalties. Our message is clear: if you sell or produce drugs, you'll pay with jail time.

I hope this clarifies things for you.  If you have further questions, our office is here to assist.

Cheers,
Pamela

Pamela Stephens
Press Secretary / Attachée de presse
Office of the Minister of Justice / Cabinet du ministre de la Justice and Attorney General of Canada