November 7, 2012
New Mandatory Minimum Penalties for Drug Offences Under the Safe Streets & Communities Act
Safe Streets & Communities Act.
The Safe Streets & Communities Act, which came into force on November 7, 2012, introduced mandatory minimum penalties for serious drug offences, especially when these offences are committed for organized crime purposes or involve targeting youth. However, these penalties also apply in various other situations unrelated to organized crime or the protection of youth.
Serious drug offences under this act include:
Production
Trafficking
Possession for the purpose of trafficking
Importing and exporting
Possession for the purpose of exporting drugs
These offences apply to drugs listed in Schedule I, such as heroin, cocaine, and methamphetamine, as well as Schedule II drugs, like marijuana.
Mandatory minimum penalties for drug offences generally apply when there is an aggravating factor, such as:
The offence being committed for the benefit of organized crime
Involvement of violence or threats of violence
Use or threat of use of weapons
A previous conviction for a serious drug offence within the past 10 years
Commission of the offence in a prison
Abusing a position of authority or access to restricted areas
Committing the offence near a school, in areas frequented by youth, or in the presence of youth
Involving a youth in the commission of the offence
Offences related to youth (e.g., selling drugs to a minor)
It’s important to note that some drug offences, such as producing or importing a Schedule I substance, will trigger mandatory minimum penalties even if no aggravating factors are present. For example, producing more than five plants of marijuana will also result in minimum sentences, even without any other aggravating circumstances.
Aggravating Factors - Appendix A
The aggravating factors include offences committed:
For the benefit of organized crime
Involving the use or threat of violence
Involving the use or threat of use of weapons
By someone previously convicted of a designated drug offence or who served a term of imprisonment for a designated substance offence within the past 10 years
Through the abuse of authority or position, or by abusing access to restricted areas to commit the offence of importation/exportation and possession to export.
Aggravating Factors - Appendix B
The aggravating factors include offences committed:
In a prison
In or near a school, in or near an area normally frequented by youth, or in the presence of youth
In concert with a youth
In relation to a youth (e.g., selling to a youth)
Health and Safety Factors
Additional factors affecting health and safety include:
The accused used real property belonging to a third party to commit the offence
The production posed a potential security, health, or safety hazard to children who were in the location or in the immediate area
The production created a potential public safety hazard in a residential area
The accused placed or set a trap