REPORT OF THE COMMITTEE Thursday, December 3, 2009

The Standing Senate Committee on Legal and Constitutional Affairs

has the honour to present its

TWELFTH REPORT


Your committee, to which was referred Bill C-15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts , has, in obedience to the order of reference of Thursday, September 17, 2009, examined the said Bill and now reports the same with the following amendments:

1. Page 2, clause 1 : Replace lines 2 to 5 with the following:

“designated substance offence within the previous 10 years and served a term of imprisonment of one year or more for that offence, or”.

2. Page 4, clause 3 :

(a) delete lines 1 to 4; and

(b) renumber subparagraphs (ii) to (vi) as subparagraphs (i) to (v), and any cross references thereto accordingly.

3. Page 5, clause 4: Replace lines 11 to 18 with the following:

8.1 (1) On two occasions, within two years and five years respectively after this section comes into force, a comprehensive review of the provisions and operation of the Act, including a cost benefit analysis of mandatory minimum sentences, shall be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established for that purpose.”.

4. Page 6, clause 5: Add after line 9 the following:

“(6) The court is not required to impose a minimum punishment of imprisonment if it is satisfied that

(a) the person to be sentenced is an aboriginal offender;

(b) the sentence would be excessively harsh because of the offender’s circumstances; and

(c) another sanction is reasonable in the circumstances and available.

(7) If, under subsection (6), the court decides not to impose a minimum punishment, it shall give reasons for that decision.”.

Respectfully submitted,

JOAN FRASER
Chair


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