Dave MacKenzie
Hill Office
House of Commons
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Strong oppose
***
Motions in Amendment
Safe Streets and Communities Act
Government Orders
November 29th, 2011 / 12:25 p.m.
Conservative
Dave MacKenzie
Oxford, ON
"
....
Another criticism that is
directed at the mandatory minimum provisions is the suggestion that
someone who simply gives a joint of marijuana to a friend would be at
risk of receiving the minimum penalty provided by the new provisions in
the bill. The definition of trafficking in the CDSA includes giving a
drug. Therefore, as a result, giving a joint would be necessarily caught
by these new mandatory minimum provisions.
While it is true that
giving a drug is included in the definition of trafficking, the
provisions of the bill are clear. In order for the mandatory minimum
provisions to apply to the offence of trafficking, there must exist one
of the aggravating factors listed in the new provision dealing with
trafficking. Here again the Minister of Justice
has been clear: The application of mandatory minimum penalties would
occur only if one or more of the listed aggravating factors were present
during the commission of the offence.
A variation of this
criticism has been that if a young adult were to give a marijuana joint
to a friend while at school, the person giving the joint would be liable
to a minimum penalty of two years' imprisonment. The argument here is
that one of the aggravating factors is present, that trafficking has
occurred in a school, and therefore the minimum penalty must apply.
Here again, the
criticism is misplaced. Clause 39 of the bill at the very outset states
that paragraph 5(3)(a) is subject to paragraph (a.1). Paragraph (a.1)
provides a penalty of anyone trafficking in cannabis in an amount that
is equal to or less than three kilograms. That penalty is a maximum term
of imprisonment of up to five years. ...
Our government recognizes
that serious drug crimes, including marijuana grow operations and
clandestine methamphetamine labs, continue to pose a threat to the
safety of our streets and communities. Bill C-10 contains significant elements forming part of our strategy to address this problem.
The bill proposes
amendments to strengthen the Controlled Drugs and Substances Act
provisions regarding penalties for serious drug offences by ensuring
these types of offences are punished by an imposition of mandatory
minimum terms of imprisonment.
...
"
http://openparliament.ca/debates/2011/11/29/dave-mackenzie-1/ 
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