Backgrounder - Safe Streets & Communities Act: Targeting Serious Drug Crime

Safe Streets and Communities Act

The Safe Streets and Communities Act received Royal Assent on March 13, 2012. The criminal law amendments in this legislation will make communities safer by:

• helping improve the safety of all Canadians and, in particular, extending greater protection to the most vulnerable members of society; and,
  
  
• further enhancing the ability of Canada's justice system to hold offenders accountable for their actions

Targeting Serious Drug Crime

The Safe Streets and Communities Act amends the Controlled Drugs and Substances Act (CDSA) to address serious organized drug crime. The CDSA now provides mandatory minimum penalties for serious drug offences when they are carried out for organized crime purposes, or if they involve targeting youth. The legislation supports the National Anti-Drug Strategy's efforts to combat illicit drug production and distribution and help disrupt criminal enterprises by targeting drug suppliers.

The serious offences targeted in the Safe Streets and Communities Act include:

• production;
• trafficking;
• possession for the purpose of trafficking;
• importing and exporting; and
• possession for the purpose of exporting.

The Safe Streets & Communities Act also includes provisions that:

• amend the Controlled Drugs and Substances Act to include mandatory minimum penalties for the aforementioned offences for drugs listed in Schedule I, such as heroin, cocaine and methamphetamine, and in Schedule II, such as marijuana. Generally, the mandatory minimum penalty applies where there is an aggravating factor, including where the production of the drug constituted a potential security, health or safety hazard. Also, the maximum sentence for production of Schedule II drugs, e.g., marijuana, has been increased from 7 to 14 years.

The aggravating factors involve offences committed:

• for the benefit of organized crime;
• involving use or threat of violence;
• involving use or threat of use of weapons;
• by someone who has been previously convicted (in the past 10 years) of a serious drug offence;
• in a prison;
• by abusing a position of authority or access to restricted areas;
• in or near a school, in or near an area normally frequented by youth or in the presence of youth;
• through involving a youth in the commission of the offence; and
• in relation to a youth (e.g. selling to a youth).

The security, health and safety aggravating factors are:

• the accused used real property that belongs to a third party to commit the offence;
• the production constituted a potential security, health or safety hazard to children who were in the location where the offence was committed or in the immediate area;
• the production constituted a potential public safety hazard in a residential area; and
• the accused placed or set a trap.

Also, GHB and flunitrazepam, most commonly known as date-rape drugs, and amphetamine drugs, have been moved from Schedule III to Schedule I, which will result in higher maximum penalties for illegal activities involving these drugs.

Exemptions for drug treatment programs

In cases where the offender is an addict, the legislation allows a court to delay imposing a sentence while the addicted offender undergoes a drug treatment program approved by the province under the supervision of the court as outlined in section 720(2) of the Criminal Code or a Drug Treatment Court approved program. These programs encourage the offender to deal with the addiction that motivates their criminal behaviour. If the person successfully completes the treatment program, the court may impose a suspended or reduced sentence.

Review of the CDSA Amendments

The legislation provides that a Committee of the Senate, of the House of Commons or of both Houses would undertake a comprehensive review of the provisions and operations of the amendments to the Controlled Drugs and Substances Act five years after it comes into force.

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Department of Justice Canada
November 2012

• See "Annex A" for the new mandatory minimum penalties for serious drug offences schedule I drugs (cocaine, heroin, methamphetamine, etc.)
  
  
• See "Annex B" for the new mandatory minimum penalties for serious drug offences Schedule II drugs (cannabis and marijuana)