REPORTED
INCIDENTS, CONVICTIONS, INCARCERATION AND SENTENCING IN RELATION TO ILLEGAL
DRUGS IN CANADA
Prepared For The Senate Special Committee On Illegal Drugs
Gérald Lafrenière
Law and Government Division
23 May 2002
LIBRARY OF PARLIAMENT
REPORTED INCIDENTS,
CONVICTIONS, INCARCERATION AND
INTRODUCTION
This paper provides a brief overview of Canadian statistics dealing
with reported incidents, convictions, incarceration and sentencing in relation
to illegal drug offences in Canada. Most
of the information contained in it was obtained from publications prepared by
the Canadian Centre for Justice Statistics.
Some of the information presented in this paper must be carefully
interpreted. While it would be
easy to use this information as a basis for drawing conclusions in relation to
drug use and the demand for illegal drugs in Canada, it is generally thought
that crime statistics reported by police are a reflection of police activity.
Thus, these numbers often relate to changes in police tactics and
priorities, and are not generally reflective of societal changes.
This is especially true for police reported drug-related statistics.
Nonetheless, it would be difficult to conduct a comprehensive review of
Canada’s illegal drug policy without at least briefly examining some of the
crime statistics dealing with illegal drug use in Canada.
This paper forms part of a series of papers prepared by the
Parliamentary Research Branch of the Library of Parliament for the Special
Senate Committee on Illegal Drugs.
REPORTED
INCIDENTS([1])
AND CHARGES
As is clear from Figure 1, incidents reported by police according to
the most serious crime reveal that, from 1983 to 1995, incidents related to
drug offences were relatively stable, hovering around 60 000 per year.
However, from 1995 to 2000, there has been an increase of approximately
50%, with the number of reported incidents reaching nearly 88 000.
In fact, the rate of drug offences increased by 9% in 2000 in relation
to the previous year.
Much
of this increase can be attributed to cannabis-related offences.
These offences account for the majority of all drug-related offences in
Canada. In 2000, cannabis-related
offences accounted for just over 66,000 of reported incidents, thus 75% of all
drug-related incidents. This
percentage has been relatively stable over the years.
Of this number (66,000), 68% (over 45,000) were for possession of
cannabis, 16% for trafficking, 14% for cultivation, and 2% for importation.([2])
This means that over 50% of reported incidents in relation to
drug-related offences are for possession of cannabis.
In
recent years, the cultivation of cannabis, particularly in British Columbia,
has raised concerns. A report by
the Canadian Centre for Justice Statistics states the following:
“The illegal cultivation of cannabis, particularly in cases where it
is being grown without landowners’ consent, has recently become an important
issue. This type of offence has
also seen an increase over the past decade:
from a rate of 5 incidents per 100,000 population in 1990 to 29 in
2000.”([3])
Figures
2A and 2B provide information on the location of reported incidents from 1988
to 1997. Not surprisingly, the
most populated provinces are at the top, with Ontario in the lead followed by
British Columbia, Québec and Alberta. British
Columbia has historically had the highest provincial rate of drug crime in the
country.([4])
For example, in 1997, the rate was 426 incidents per 100,000
population, almost double the national figure of 222.
In the same year, the province with the lowest reported drug crime rate
was Newfoundland, with a rate of 132 incidents per 100,000 population.
From
the available data (see figure 3), it would seem that total charges for
drug-related offences have declined noticeably since 1997.
The reader should be aware that the number of reported incidents
(discussed previously) is not equivalent to the number of charges that are
laid by the police. In some
cases, the police will report a drug incident but will decide not to charge
the offender. It is important to
note that figure 3 does not include data from three of the provinces (New
Brunswick, Manitoba and British Columbia) and from one of the Territories (Nunavut).
In addition, data from certain courts in Québec is not included.
Also, the data prior to 1995 is based on approximations made from the
average distribution of charges during the period covering the years 1995 to
2000.
Because
the province of British Columbia is not included, it is clear that the actual
number of drug charges in Canada would be much higher than what is found in
figure 3. As was previously
explained, British Columbia has, in the past, consistently reported the
highest rate of drug crime. Statistics
in 1997 show, however, that with respect to charging drug offenders, the
province of British Columbia is more lenient than other provinces:
“Among provinces and territories, police departments in British
Columbia reported the lowest charge rate (47%) for drug offences.
Only 35% of cannabis incidents and 36% of “other drug” incidents
resulted in charges, compared to 79% and 81% for all the other provinces
combined.”([5])
With
respect to cannabis offences in the year 2000, the male population is much
more likely to be charged with an offence.
For both youth (12 to 17) and adults, 87% of the people charged with
cannabis offences are male.([6])
In addition, adults are much more likely to be charged than youths (83%
of the people charged are adults).([7])
CONVICTIONS
Figure
4 details the outcome of those charged with drug offences in selected
provinces. It would appear that
from 1995 to 2000, there has been a fairly significant increase in the
percentage of accused having their charges stayed or withdrawn.
Not surprisingly, this has resulted in a lower percentage of accused
being found guilty of drug offences once they have been charged.
Again, it is important to note
that figure 4 does not include data from three of the provinces (New
Brunswick, Manitoba and British Columbia) and from one of the Territories (Nunavut).
In addition, data from certain courts in Québec is not included.
Also, the data prior to 1995 is based on approximations made from the
average distribution of charges during the period covering the years 1995 to
2000.
Source:
Statistics Canada, Table 252-0003
INCARCERATION
As of 31 December 2000, 5,779 convicted drug offenders were under
federal jurisdiction (either serving their sentence:
1) in a federal institution or 2) on conditional release).
Of these, 3,890 were serving sentences for trafficking, 621 for
importation, 225 for cultivation and 2,221 for possession.([8])
Of the 5,779 convicted drug offenders serving their sentences on 31
December 2000, 2,548 were serving their sentences in federal correctional
institutions: 1,613 for
trafficking, 113 for importation, 82 for cultivation and 1,318 for
possession.([9])
In addition, 3,231 were on conditional release:
2,312 for trafficking, 508 for importation, 145 for cultivation and 946
for possession.([10])
In the five-year period from 1995 to 2000, the total federal drug
offender population has increased by almost 9%.
Most of the growth is in relation to those on conditional release as
this population has increased by 19% over this period.
At the same time, the number of those serving their sentence in
institutions has decreased by 2%.([11])
At the end of 2000, the average time served by drug offenders in
federal custody was 2.2 years. With
respect to conditional release, the average time served was 3.7 years.
While this is less than the average for non-drug offences, it is
interesting to note that the average time served in custody for possession
offences was 2.52 years, while it was 1.89 years for trafficking, 1.48 years
for importation and 0.88 years for cultivation.
For those on conditional release, the average time served for
importation was 4.6 years, while it was 3.6 years for possession, 3.5 years
for trafficking and 2.2 years for cultivation.
Figure 5 provides details of the number of admissions by region in federal correctional institutions in relation to drug offences for the year 2000 and the number of inmates incarcerated in different regions of the country as of 31 December 2000. These numbers represent drug offenders who were sentenced to a term of two or more years.
Figure 6 provides details of the number of admissions to provincial correctional establishments in relation to certain drug offences (trafficking and importation). These numbers represent drug offenders who were sentenced to a term of less than two years.
Source:
Statistics Canada, Catalogue 85-211
SENTENCING
For
the year 1996-97, 64% of persons convicted of drug trafficking were sentenced
to imprisonment. The median
sentence was four months. Probation
was imposed as the most serious sentence in 24% of these cases and fines in
9%.([12])
With
respect to possession, a fine was imposed in 63% of the cases, with a median
amount of $200. A fine was
imposed as the most serious sentence in 55% of cases, probation in 22% and
imprisonment in 13%.([13])
The
data in this section does not include New Brunswick, Manitoba, British
Columbia and the Northwest Territories.
APPENDIX
1
This
section presents the data that was use to make the figures in this paper.
Ontario |
1994-1995 |
3494 |
1995-1996 |
2969 |
|
1996-1997 |
3288 |
|
1998-1997 |
3057 |
|
1999-1998 |
2625 |
|
1999-2000 |
2152 |
|
|
|
|
Manitoba |
1994-1995 |
213 |
1995-1996 |
170 |
|
1996-1997 |
145 |
|
1998-1997 |
101 |
|
1999-1998 |
70 |
|
1999-2000 |
0 |
|
|
|
|
Saskatchewan |
1994-1995 |
0 |
1995-1996 |
0 |
|
1996-1997 |
0 |
|
1998-1997 |
0 |
|
1999-1998 |
77 |
|
1999-2000 |
34 |
|
|
|
|
Alberta |
1994-1995 |
1934 |
1995-1996 |
1793 |
|
1996-1997 |
1771 |
|
1998-1997 |
1155 |
|
1999-1998 |
1741 |
|
1999-2000 |
1649 |
|
|
|
|
British
Columbia |
1994-1995 |
871 |
1995-1996 |
994 |
|
1996-1997 |
807 |
|
1998-1997 |
741 |
|
1999-1998 |
757 |
|
1999-2000 |
877 |
Yukon |
1994-1995 |
50 |
1995-1996 |
72 |
|
1996-1997 |
49 |
|
1998-1997 |
42 |
|
1999-1998 |
58 |
|
1999-2000 |
74 |
|
|
|
|
Northwest
territories |
1994-1995 |
155 |
1995-1996 |
0 |
|
1996-1997 |
0 |
|
1998-1997 |
0 |
|
1999-1998 |
0 |
|
1999-2000 |
0 |
|
|
|
|
TOTAL |
1994-1995 |
9308 |
1995-1996 |
8499 |
|
1996-1997 |
8284 |
|
1998-1997 |
7014 |
|
1999-1998 |
6963 |
|
1999-2000 |
6024 |
([1]) According to the Canadian Centre for Justice Statistics, these are incidents that come to the attention of the police and are captured and forwarded to the Canadian Centre for Justice Statistics according to a nationally-approved set of common crime categories and definitions. The Canadian Centre for Justice Statistics warns that crime statistics may be influenced by many factors including reporting by the public to the police, reporting by the police to the Canadian Centre for Justice Statistics, the impact of new initiatives such as changes in legislation, polices or enforcement practices, and social, economic and demographic changes. In addition, the survey counts only the most serious offence committed in each criminal incident, which consequently underestimates the total number of drug-related incidents.
([2]) Canadian Centre for Justice Statistics, Crime Statistics in Canada, 2000, Juristat, Catalogue no. 85-002-XIE Vol. 21, no. 8 p. 11.
([3]) Ibid.
([4]) It should be noted that in 1997 the rate in both Yukon and N.W.T. was even higher than British Columbia’s.
([5]) Canadian Centre for Justice Statistics, Illicit Drugs and Crime in Canada, Juristat, Catalogue no. 85-002-XIE Vol. 19, no. 1 p. 5. In this case “other drugs” means: 1) illegal drugs other than cannabis, cocaine or heroin and 2) controlled drugs.
([6]) Crime Statistics in Canada, 2000, Supra note 2 at p. 19.
([7]) Ibid.
([8]) Correctional Service Canada, Forum on Corrections Research, Volume 13, no. 3, September 2001, p. 25. Please note that possession for the purpose of trafficking is included in the trafficking numbers.
([9]) Ibid. It should be noted that some offenders might be represented in more than one drug offence category.
([10]) Ibid.
([11]) Ibid.
([12]) Illicit Drugs and Crime in Canada, Supra note 5, p. 7.
([13]) Ibid.