APPENDIX
III
RESEARCH
PAPERS *
A- Research Papers prepared by the PARLIAMENTARY
Research Branch of the Library of Parliament
|
AUTHORS |
TITLE |
DATE OF PUBLICATION |
|
Lyne Casavant, Chantal Collin |
Illegal Drug Use and Crime : A Complex
Relationship |
August 2001 |
|
Chantal Collin |
National
Drug Policy: France |
August 2001 |
|
Chantal Collin |
National
Drug Policy: Switzerland |
January 2002 |
|
Benjamin Dolin |
National Drug Policy: United States of America |
July 2001 |
|
Benjamin Dolin |
National
Drug Policy: Netherlands |
August 2001 |
|
Daniel Dupras |
Canada’s International Obligations Under the
Leading International Conventions on the Control of Narcotics Drugs |
October
1998 |
|
David Goetz |
Drug
Prohibition and the Constitution |
March
2001 |
|
Anthony Jackson |
The
Costs of Drug Abuse and Drug Policy |
April
2002 |
|
Diane Leduc, Nancy Miller Chenier, Sonya Norris |
Inventory of Federal Research on Illegal Drugs and Related Issues |
October
2001 |
|
Diane Leduc, Nancy Miller Chenier, Sonya Norris |
Inventory
of Provincial and Territorial Research on Illegal Drugs and Related
Issues |
May
2002 |
|
Gérald Lafrenière |
Police Powers and Drug-Related Offences |
March 2001 |
|
Gérald Lafrenière |
National
Drug Policy: United Kingdom |
July
2001 |
|
Gérald
Lafrenière |
National
Drug Policy: Sweden |
April
2002 |
|
Gérald Lafrenière, Emmanuel Préville |
Reported Incidents, Convictions, Incarceration and Sentencing in
Relation to
Illegal Drugs in Canada |
May 2002 |
|
Gérald Lafrenière, Leah Spicer |
Illicit
Drug Trends in Canada 1980-2001: A Review and Analysis of Enforcement
Data |
June
2002 |
|
Robin MacKay |
National
Drug Policy: Australia |
December 2001 |
|
Jay Sinha |
The
History and Development of the Leading International Drug Control
Conventions |
February 2001 |
|
Leah Spicer |
Historical and Cultural
Uses of Cannabis and the Canadian “Marijuana Clash” |
April
2002 |
B- Research
Papers on Guiding Principles
|
AUTHORS |
TITLE |
DATE OF PUBLICATION |
|
Thomas De Koninck Laval University |
The Role of Knowledge and Culture in Public Policy on Illegal Drugs |
June 2002 |
|
Roderick A. Macdonald McGill University |
The
Governance of Human Agency |
May 2001 |
|
Jean-François Malherbe University of Sherbrooke |
The
Contribution of Ethics in Defining Guiding Principles for a Public
Drug Policy |
May 2002 |
|
Alvaro P. Pires University of Ottawa |
La politique législative et les crimes à
« double face » : Éléments pour une théorie
pluridimensionnelle de la loi criminelle |
June 2002 |
C- Other
Research Papers
|
AUTHORS |
TITLE |
DATE OF
PUBLICATION |
|
François Dubois Office of Senator Pierre Claude Nolin |
The Federal Parliament and the Evolution of Canadian
Legislation on Illegal Drugs |
June 2002 |
|
Léger Marketing Montreal |
An Exploratory Study Among Canadians About the Use of
Cannabis |
June 2002 |
|
Diane Riley University of Toronto |
Drugs
and Drug Control Policy: A Brief Review and Commentary |
November 1998 |
|
Barbara B. Wheelock Office of Senator Eileen Rossiter |
Physiological
and Psychological Effects of Cannabis: Review of the Research Findings |
May 2002 |
APPENDIX
IV
The Evolution of Canadian Drug Legislation
(1908-1996):
Offences, Penalties, Police Powers and Criminal
Procedure*
| Act |
Offences |
Penalties |
Police
Powers – Criminal Procedure |
| 1908
– Opium Act |
Trafficking ·
Importation
for non-medical purposes and without the authorization of the Minister of
Customs ·
Manufacture,
sale or possession, for the purpose of selling, of raw or prepared
opium ·
Manufacture,
sale or possession, for the purpose of selling, opium prepared for
the use of smokers |
Indictment ·
Imprisonment
for a term not exceeding 3 years; and / or ·
Fine
of not less than $50 and not exceeding $1,000 |
|
| 1911
– Opium
and Narcotic Drug Act |
Trafficking ·
Importation,
transportation within Canada, manufacture, sale or offering for sale, without
lawful excuse, of a drug for non-therapeutic or non-scientific
purposes ·
Exportation,
without lawful excuse, to a country that prohibits the importing of
a drug Possession ·
Possession
of a drug, without lawful excuse, for non-therapeutic or
non-scientific purposes ·
Possession
of opium prepared for smokers or its use ·
Being
found, without lawful excuse, in a place where opium is smoked Legal trade in
narcotic drugs (Physicians) ·
Prescription
of drugs for non-medical purposes particularly if they are not required
for the treatment of illness (Pharmacists) ·
Sale
of drugs for medical purposes without prescription (in writing or by
telephone) by a physician ·
Refusal
to keep a record of drug purchases and sales, the making of medications
containing such substances and the renewal of prescriptions issued by a
physician |
Summary
conviction ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
not exceeding $500 Summary
conviction ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $500 Summary
conviction ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
not exceeding $500 Summary
conviction ·
Imprisonment
for a term not exceeding 3 months; and / or ·
Fine
not exceeding $50 Summary
conviction ·
Imprisonment
for a term not exceeding one month; and / or ·
Fine
not exceeding $100 Summary
conviction ·
Imprisonment
for a term not exceeding 3 months; and / or ·
Fine
not exceeding $200 Summary
conviction ·
Imprisonment
for a term not exceeding 3 months; and / or ·
Fine
not exceeding $200 Summary
conviction ·
Imprisonment
for a term not exceeding 3 months; and / or ·
Fine
not exceeding $200 |
Police
powers Search
warrants ·
Search
warrant authorizing, on reasonable grounds:
Criminal procedure Destruction of
seized drugs ·
Order
allowing the destruction of drugs and containers in which they were found
after conviction of the accused ·
Order
providing for the return of seized drugs if the accused is acquitted. If
not claimed, they have to be destroyed within three months following
the acquittal Reverse
onus ·
In a
prosecution for trafficking or possession of drugs, the accused has to
prove: §
the
existence of a lawful excuse; or §
that the
substances were used for therapeutic or scientific purposes Writ
of certiorari ·
Elimination
of use of a writ of certiorari Reward ·
Possibility
to use a portion of a fine paid by an offender to reward the person who
filed the complaint against him |
| 1920
– Amendments
to Act of 1911 |
Trafficking
·
Exportation
or importation, manufacture, transporting within Canada, sale and
distribution of raw or prepared opium without a license Possession ·
Possession
of drugs, without a license, for non-medical or non-scientific
purposes Legal
Trade in narcotic drugs (Businesses) ·
Refusal
to keep a record of activities, duly authorized by federal authorities,
relating to the importing, exporting, manufacture, sale and distribution
of drugs (Physicians) ·
Refusal
to provide information requested by federal authorities relating to the
purchase, preparation or prescription of medications containing drugs (Pharmacists) ·
Sale
of drugs for medical purposes without a prescription written and signed
by a physician ·
Sale
or administration of a product containing quantities of drugs exceeding
the limits prescribed by the Act and without appropriate labelling to a
child under 2 years of age |
Summary
conviction ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
of not less than $200 and not exceeding $1,000 Summary
conviction ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
of not less than $200 and not exceeding $1,000 Summary
conviction ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
of not less than $200 and not exceeding $1,000 Summary
conviction ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
of not less than $200 and not exceeding $1,000 Summary
conviction ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
of not less than $500 and not exceeding $1,000 Summary
conviction ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
of not less than $200 and not exceeding $1,000 |
|
| 1921
– Amendments
to Act of 1911 |
Trafficking ·
Illegal
activities as defined in the Act of 1920 ·
Selling,
giving or distributing drugs to a minor without a license Possession ·
Possession |
Indictment ·
Imprisonment
for a term not exceeding 7 years Summary
conviction ·
Imprisonment
for a term not exceeding 18 months, to which may be added an
additional period of 12 months for failure to pay a fine; and / or ·
Fine
of not less than $200 and not exceeding $1,000 Indictment ·
Imprisonment
for a term not exceeding 7 years Indictment ·
Imprisonment
for a term not exceeding 7 years Summary
conviction ·
Imprisonment
for a term not exceeding 18 months, to which may be added an
additional period of 12 months for failure to pay a fine; and / or ·
Fine
of not less than $200 and not exceeding $1,000 |
Criminal
procedure Forfeiture
or return of seized drugs ·
Order
providing for the forfeiture to the Minister of Health of seized
drugs and the receptacles in which they were found following conviction of
the accused ·
Order
providing for the return of seized drugs if the accused was acquitted. If
not claimed, they were forfeited to the Minister of Health, not
later than two months following the acquittal, for disposal by the
minister as he saw fit Reverse
onus ·
Every
person possessing or occupying a place (dwelling, store, boutique,
warehouse, garden or ship) where a drug is found is deemed to possess such
a substance where unable to prove that he:
Where a person is
charged with exporting, importing, making, transporting, selling, giving
or distributing raw or prepared opium without first having obtained a
license issued by federal authorities, he shall prove that he held such
authorization. Certificate of a
federal analyst ·
Admissibility
in evidence of a certificate of a federal analyst respecting one or more
drugs seized by police officers |
| 1922
– Amendments
to Act of 1911 |
Trafficking ·
Illegal
activities as defined in the Act of 1920, with the exception of most
offences involving raw or prepared opium without a license ·
Continuation
of the offence regarding the exportation of raw or prepared opium ·
Selling,
giving or distributing narcotic drugs to a minor, without a license Possession ·
Possession ·
Possession
of pipes, lamps or any other equipment used to prepare or use opium,
except where authorized by federal authorities Legal
trade in narcotic drugs (Physicians) ·
Refusal
to provide information requested by federal authorities relating to the
purchase, preparation or prescription of medications containing drugs ·
Prescription
of drugs for non-medical purposes particularly if they are not required
for treatment of a disease (Pharmacists) Sale
of drugs for medical purposes without a prescription written and signed
by a physician |
Indictment ·
Imprisonment
for a term not exceeding 7 years Summary
conviction ·
Imprisonment
for a term of not less than 6 months and not exceeding 18 months;
and ·
Fine
of not less than $200 and not exceeding $1,000 (Deportation
of immigrants upon completion of sentence) Indictment ·
Imprisonment
for a term of not less than 6 months and not exceeding 7 years (Whipping
at court's discretion) (Deportation
of immigrants upon completion of sentence) Indictment ·
Imprisonment
for a term not exceeding 7 years Summary
conviction ·
Imprisonment
for a term of not less than 6 months and not exceeding 18 months;
and ·
Fine
of not less than $200 and not exceeding $1,000 (Deportation
of immigrants upon completion of sentence) Summary conviction ·
Imprisonment
for a term not exceeding one month; and / or ·
Fine
not exceeding $100 Summary
conviction ·
Imprisonment
for a term not exceeding 18 months; and / or ·
Fine
of not less than $200 and not exceeding $1,000 Summary
conviction ·
Imprisonment
for a term not exceeding 18 months; and / or ·
Fine
not exceeding $1,000 Summary
conviction ·
Imprisonment
for a term not exceeding 18 months; and / or ·
Fine
of not less than $200 and not exceeding $1,000 |
Police
powers Search
warrants ·
Authorization
to conduct a search and seizure of drugs, without a warrant, in the
following places: stores, boutiques, warehouses, gardens and ships ·
Authorization
to to search a dwelling house, with a warrant, , where the police officer
requesting such warrant has reasonable grounds to believe that such
substances will be found there Criminal procedure Reverse onus ·
Repealed
in the case of offences involving raw or prepared opium ·
Added
for the offence of selling, giving or distributing a drug to a minor
without a license |
| 1923
– Legislative
Consolidation of the Act of 1911 and other amendments |
Trafficking
·
Selling,
giving or distributing narcotic drugs to a minor, without a license Possession ·
Possession ·
Possession
of pipes, lamps or any other equipment used to prepare or use opium,
except where authorized by federal authorities ·
Possession
of opium prepared for smokers or its use ·
Being
found, without lawful excuse, in a place where opium is smoked Legal trade in
narcotic drugs (Businesses) ·
Refusal
to keep a record of activities, duly authorized by federal authorities,
relating to the importing, exporting, manufacture, sale and distribution
of narcotic drugs (Physicians) ·
Prescription
of drugs for non-medical purposes particularly if they are not required
for treatment of a disease (Pharmacists) ·
Sale
of a drug for medical purposes without a prescription written and signed
by a physician or the multiple renewal of such prescription |
Indictment ·
Imprisonment
for a term of not less than 6 months and not exceeding 7 years;
and ·
Fine
of not less than $200 and not exceeding $1,000 Summary
conviction ·
No
amendment (The
court may not impose a lesser sentence than that prescribed by the Act) Indictment ·
Imprisonment
for a term of not less than 6 months and not exceeding 7 years;
and ·
Fine
of not less than $200 and not exceeding $1,000 (The
court may not impose a lesser sentence than that prescribed by the Act) Indictment ·
Imprisonment
for a term of not less than 6 months and not exceeding 7 years;
and ·
Fine
of not less than $200 and not exceeding $1,000 Summary
conviction ·
No
amendment (The
court may not impose a lesser sentence than that prescribed by the Act) Summary
conviction ·
Imprisonment
for a term not exceeding 3 months; and / or ·
Fine
not exceeding $100 Summary
conviction ·
Imprisonment
for a term not exceeding 3 months; and / or ·
Fine
not exceeding $100 Summary
conviction ·
Imprisonment
for a term not exceeding 3 months; and / or ·
Fine
not exceeding $100 Summary
conviction ·
No
amendment Summary
conviction ·
No
amendment Summary
conviction ·
No
amendment |
Police
powers Powers granted to
police officers in 1911 and 1922 maintained Criminal procedure Criminal procedures
adopted between 1911 and 1922 maintained, with the exception of: ·
Possibility
to use a portion of a fine paid by an offender to reward the person who
filed the complaint against him New
criminal procedures Right of appeal ·
Right
of appeal from a guilty verdict and/or from a sentence in the case of a
conviction by way of summary conviction eliminated for the
following offences:
Reverse
onus ·
Procedure
maintained for possession or trafficking without a license ·
Added
in the case of offences of exporting or importing a drug without a license ·
Every
physician charged with prescribing or administering a drug for
non-therapeutic purposes is required to prove that the substance was used
for medical purposes Fingerprints
and criminal record ·
Provisions
of the Identification of Criminals Act apply to persons convicted by way
of summary conviction Certificate of the
federal analyst ·
Authorization
to file in evidence a certificate prepared by a provincial analyst |
| 1925
– Amendments
to Act of 1923 |
Trafficking
Possession ·
Possession Legal trade in
narcotic drugs (Physicians) ·
Prescription
of drugs for non-medical purposes, particularly if they are not required
for the treatment of a disease, or which is designed to treat a drug
addict who has developed a dependency on such a substance as a result of
abusing it (Pharmacists) Sale
of a drug for medical purposes without a prescription written and signed
by a physician and without authenticating the signature, or renewal
of such a prescription on a number of occasions |
Indictment ·
No
amendment Summary
conviction ·
No
amendment Indictment ·
No
amendment Summary
conviction ·
In
addition to the other penalties provided for by the Act of 1923, the court
may, at its discretion, impose a sentence of hard labour Indictment ·
Imprisonment
for a term of not less than 3 months and not exceeding 5 years Summary
conviction ·
Imprisonment
for a term not exceeding 18 months; and / or ·
Fine
of not less than $200 and not exceeding $1,000 ·
The
court may, at its discretion, impose a sentence of hard labour Summary
conviction ·
No
amendment |
Police
powers Searches ·
Authorization
to seize, without a warrant, a motor vehicle, boat, rowboat or
any means of transportation in which a drug was found ·
Addition
of the power to search any person found on the premises of the search Criminal procedure Forfeiture
of seized drugs ·
Order
providing for the forfeiture to the Minister of Health of a motor vehicle,
boat, rowboat or any other means of transportation in which a drug was
found Defence
arguments of physicians ·
Elimination
of the defence allowing a physician to prescribe a drug to a sick person
or drug addict so that he could administer it to himself A
physician may thus no longer use the defence that a patient who
administers medication to himself is administering a therapeutic treatment
authorized under the Opium and
Narcotic Drug Act |
| 1929
– Legislative
Consolidation of Act of 1923 and other amendments |
Trafficking
·
Drug
trafficking by mail Possession ·
Possession
of drugs (or of a substance the owner of which falsely claims is a drug),
without a license, for non-therapeutic purposes ·
Possession
of pipes, lamps, any other equipment or the various parts thereof
used to prepare or use opium, except where authorized by federal
authorities ·
Possession
of opium prepared for smokers or its use ·
Obtaining
drugs from two physicians Legal trade in
narcotic drugs (Physicians) Prescription
of drugs for non-medical purposes, particularly if they are not required
for the treatment of a disease, or which is designed to treat a drug
addict who has developed a dependency on such a substance as a result of
abusing it (Pharmacists) ·
Selling
or administering a product containing quantities of drugs exceeding the
limits prescribed by the Act and without appropriate labelling to a child
less than 2 years of age ·
Refusal
to keep a record of drug purchases and sales, the making of medications
containing such substances and the renewal of prescriptions issued by a
physician |
Indictment ·
No
amendment Summary
conviction ·
No
amendment (In
addition to the other penalties provided for by the Act of 1923, the court
may, at its discretion, impose a sentence of whipping) Indictment ·
Imprisonment
for a term of not less than 6 months and not exceeding 7 years;
and ·
Fine
of not less than $200 and not exceeding $1,000 Summary
conviction ·
Imprisonment
for a term of not less than 6 months and not exceeding 18 months;
and / or ·
Fine
of not less than $200 and not exceeding $1,000 (In
addition to the other penalties provided for by the Acts of 1923 and 1925,
the court may, at its discretion, impose a sentence of whipping) Indictment ·
No
amendment Summary
conviction ·
No
amendment (In
addition to the other penalties provided for by the Acts of 1923 and 1925,
the court may, at its discretion, impose a sentence of whipping) Summary
conviction ·
Imprisonment
for a term not exceeding 3 months; and / or ·
Fine
not exceeding $50 Summary
conviction ·
Imprisonment
for a term not exceeding 3 months; and / or ·
Fine
not exceeding $50 Summary
conviction ·
Fine
not exceeding $500 to which may be added a term of imprisonment not
exceeding 12 months for failure to pay Summary
conviction (No
amendment) (The
court may not impose a lesser sentence than that prescribed by the Act) Summary
conviction (First
offence) ·
Fine
not exceeding $100 (Subsequent
offences) ·
Imprisonment
for a term not exceeding 3 months; and / or ·
Fine
not exceeding $100 Summary
conviction ·
Imprisonment
for a term not exceeding 18 months; and / or ·
Fine
of not less than $200 and not exceeding $1,000 |
Police
powers Writ
of assistance ·
Possibility
of obtaining a writ of assistance in the context of a police operation
conducted under the Opium and
Narcotic Drug Act This new provision
made it possible to circumvent the obligation to obtain a warrant to
search a dwelling house Seizure
and forfeiture ·
Expanded
powers of seizure and forfeiture previously provided in the Act with
respect to pipes, lamps and any other equipment or the various parts
thereof used to prepare or use opium ·
Extended
powers of seizure and forfeiture previously provided for in the Act with
respect to money used to purchase drugs ·
Authorization
to resort to force, if necessary, to conduct a search. Police officers can
also be assisted by other persons ·
Expansion
of the power to seize and confiscate a motor vehicle, boat, rowboat or any
other means of transportation used by a trafficker convicted of an
offence under the Act, regardless of whether it contained drugs Criminal procedure Reverse onus ·
In
any case involving trafficking in, or unlawful possession of, a drug or
substance in which the owner falsely claims is a drug, Crown prosecutor is
not required to establish that the accused did not have authorization duly
issued by federal authorities to commit one of the offences with which he
was charged ·
If
the accused alleged that he had such authorization, the burden of proof
was on him Certificate
of the federal analyst ·
Amendments
to the procedure for admissibility in evidence of the certificate of the
federal or provincial analyst, stipulating that, henceforth, that document
would constitute prima facie and
peremptory evidence of the status of the person giving or issuing it ·
In
the circumstances, proof of the appointment of that analyst or
authentication of his signature was not necessary Writ
of certiorari ·
Repeal
of the provision eliminating recourse to a writ of certiorari Right of appeal ·
Expanded
the prohibition against appealing from a guilty verdict and/or sentence in
the case of a summary conviction for the following offence:
|
| 1932
– Amendments
to Act of 1929 |
No
amendment |
No
amendment |
Criminal
procedure Right of appeal ·
Significant
expansion of the prohibition from appealing of a guilty verdict and/or a
sentence in the case of a summary conviction for the following
offences: §
Prescribing
of a drug for non-medical purposes, particularly if they are not required
for the treatment of a disease, or which is intended to treat a drug
addict who has developed a dependency to such a substance as a result of
abusing it (physicians);
§
obtaining
drugs from two physicians; §
selling
or administering a product containing quantities of drugs exceeding the
limits prescribed by the Act and without appropriate labelling to a child
under 2 years of age (pharmacists); §
refusal
to keep a record of drug purchases and sales, the preparation of
medications containing such substances and the renewals of prescriptions
issued by a physician (pharmacists); §
unlawful
possession of pipes, lamps and any other equipment or the various parts
thereof used to prepare or use opium; and §
drug
trafficking by mail |
| 1938
– Amendments
to Act of 1929 |
Trafficking ·
Cultivation
of the opium poppy or cannabis sativa without a licence Possession No
amendment Legal
trade in narcotic drugs No
amendment |
Indictment ·
Imprisonment
for a term of not less than 6 months and not exceeding 7 years ·
Fine
of not less than $200 and not exceeding $1,000 Summary conviction ·
Imprisonment
for a term of not less than 6 months and not exceeding 18 months ·
Fine
of not less than $200 and not exceeding $1,000
(Deportation
of immigrants – whipping) |
Criminal
procedure Right
of appeal §
Repeal
the prohibition against appealing from a guilty verdict and/or sentence in
the case of a summary conviction for the following offence: §
obtaining
drugs from two physicians |
| 1946
– Amendments
to Act of 1929 |
Trafficking ·
Selling,
giving, illegally administering or distributing drugs to a minor
(1921) |
No
amendment |
Criminal
procedure Reverse
onus ·
Applicable
to the offence of cultivation of cannabis sativa or the opium poppy
without a licence |
| 1954
– Amendments
to Act of 1929 |
Trafficking ·
Importation,
exportation, manufacture, sale, administering, transportation, delivery
and distribution of a drug or substance the owner of which claims is a
narcotic drug ·
Possession
for the purpose of trafficking ·
Cultivation
of the opium poppy or cannabis sativa without a license (Repeal of the
offence of selling, giving or administering a drug to a minor) (Repeal of the
offence of drug trafficking by mail) Possession Possession (Repeal
of the offence of possessing opium prepared for smokers or use of such a
substance) (Repeal of the
offence of being found in a place where opium is smoked) (Repeal of the
offence of possession of pipes, lamps or any other equipment and the
various parts thereof used to prepare or use opium) Legal
trade in narcotic drugs ·
No
amendment |
(Repealed
sentence of forced labour) (Repealed
provisions respecting the deportation of immigrants . They were
transferred to the Immigration Act in 1952, but still applied to drug
offences) Indictment ·
Imprisonment
for a term not exceeding 14 years ·
Whipping
(at court's discretion) Indictment ·
Imprisonment
for a term not exceeding 14 years ·
Whipping
(at court's discretion) No
amendment Indictment ·
Imprisonment
for a term of not less than 6 months and not exceeding 7 years Summary conviction ·
Imprisonment
for a term of not less than 6 months and not exceeding 18 months (Whipping (at
court's discretion)) (The
court may not impose a lesser sentence than the minimum prescribed by the
Act) |
Police
powers Seizure
and forfeiture ·
Amended
powers of seizure and forfeiture to exclude the equipment used to prepare
or smoke opium (offences repealed) Criminal procedure Reverse onus ·
Possession
for the purpose of trafficking §
In
every criminal prosecution involving possession for the purpose of
trafficking, Crown prosecutor was required to prove that the accused had
been illegally in possession of the drug. Otherwise, he was acquitted §
In
the contrary case, the respondent had to prove that he did not possess the
substance for the purpose of trafficking. If he did so, he was convicted
of possession, otherwise of trafficking |
| 1961
– Narcotic
Control Act |
Trafficking ·
Illegal
activities defined in the Act of 1954, with the exception of the offences
of importing and exporting ·
As
was the case in the former acts, this offence was extended to include
substances falsely presented by a trafficker as being scheduled drugs ·
Exporting
and importing ·
Possession
for the purpose of trafficking ·
Cultivation
the opium poppy or cannabis sativa without a licence Possession Possession Legal trade in
narcotic drugs ·
Transfer
to the regulations of the statutory provisions enacted between 1911 and
1946 respecting the legal trade in drugs ·
Regulations
made by the Governor in Council respecting the legitimate activities of
businesses, physicians and pharmacists involving sale, production,
distribution, administration, prescription, record keeping and offences Preventive
detention ·
For
offences of trafficking, possession for the purpose of trafficking,
exporting or importing drugs, the court may order the accused placed in
preventive detention for an indeterminate period of time, in lieu of any
other sentence that might be imposed (This
provision was never proclaimed in force) Treatment ·
In
the case of the offences regarding possession, trafficking, possession for
the purpose of trafficking and importing or exporting drugs, the court,
may, upon application by the Crown prosecutor, remand the accused to
custody for examination to determine whether he is eligible for an
addiction treatment program ·
If
such is the case, the accused shall be sentenced to custody for treatment
for an indeterminate period of time in lieu of any other sentence provided
for by the Act ·
In
the case of a first offence, preventive detention may not exceed 10 years ·
The
accused has a right of appeal, is subject to the Parole
Act and, at any time, may be referred to preventive detention if he
uses drugs during his probation period ·
Where
a province adopts a preventive detention policy and an addiction treatment
program (in cases not involving an offence under the Act), the federal
government may enter into an agreement with the competent provincial
authorities to transfer addicts to specialized federal institutions. (These
provisions were never proclaimed in force) |
(Repeal
of sentence of whipping) Indictment ·
Imprisonment
for a term not exceeding 25 years (life) Indictment ·
Imprisonment
for a term of not less than 7 years and not exceeding 25 years
(life) Indictment ·
Imprisonment
for a term not exceeding 25 years (life) Indictment ·
Imprisonment
for a term not exceeding 7 years Indictment ·
Imprisonment
for a term not exceeding 7 years Summary conviction ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $500 |
Police
powers Writ
of assistance ·
Provision
maintained without amendment Searches ·
Continuation
of provisions authorizing searches without a warrant of any place
and of persons found there (with the exception of a dwelling house) where
police officers have reasonable grounds to believe there are drugs or
equipment used to make or use them ·
Continuation
of provisions authorizing the use of force, if necessary, to conduct a
search, stipulating that a police officer may force entry, break in a wall
or ceiling or break objects that might contain drugs ·
Continuation
of the procedure providing that a police officer may obtain the assistance
of a person whom he designates to carry a search Criminal procedure Reverse onus ·
Continuation
of the procedure adopted in 1954 in the case of the offence of possession
for the purpose of trafficking, with a few amendments to clarify the
procedure and guarantee greater compliance with the principle of the
presumption of innocence ·
Continuation
of the procedure providing that an accused must prove that he acted
lawfully, for therapeutic or scientific reasons under a government
authorization Certificate
of a federal or provincial analyst ·
Continuation
of this provision, with the stipulation that the analyst would be
appointed under the Food and Drugs
Act. Forfeiture ·
Continuation
of the forfeiture to the Minister of Health and Welfare of drugs,
syringes, needles, equipment and money used to use, make or purchase such
substance following an offence of possession, trafficking, possession for
the purpose of trafficking or import/export (The
minister may dispose of the substances in the manner provided for by
regulation) ·
Continuation
of the procedure allowing forfeiture of any motor vehicle, aircraft, ship
or other means of transportation used for the purpose of trafficking,
exporting or importing drugs Restitution ·
Continuation
of the system providing for an order to restore drugs or objects related
to the making or use of drugs prior to their forfeiture to the Minister of
Health and Welfare But, certain
criteria apply before a court orders restitution: §
Application
must be made to the court not later than two months after the
seizure; §
If
it is satisfied that the applicant is not involved in the offence and if
it is satisfied that they will not be necessary to the prosecution of an
investigation or criminal case, the court shall immediately return the
drugs or objects seized, §
However,
where the court decides otherwise, they will not be restored until the end
of the trial or upon expiry of a period of four months if no
prosecution is commenced against the accused The applicant has a
right of appeal Application
by third parties ·
Creation
of a system authorizing a third party (a person who have not been involved
in the offence) to apply to the court for an order to restore an aircraft,
motor vehicle, ship or any other means of transportation. The procedures that
applied for the issuing of such an order were similar to those described
above for the return of seized objects. The third party had
a right of appeal Right
of appeal ·
Repeal
of the prohibition to appeal from a guilty verdict or a sentence for
certain offences Fingerprints
and criminal record ·
Repeal
of the provision making the Identification
of Criminals Act applicable to persons convicted by summary conviction
(1923) |
| 1961
– Food
and Drugs Act |
Addition
of Part III to the Food and Drugs Act – Barbiturates and
amphetamines (Controlled drugs
– Schedule G) Trafficking ·
Manufacture,
sale, transportation, exportation, importation or delivery of a controlled
drug without the authorization of federal authorities (Exclusion
of the administration or distribution of such substances) Possession
for the purpose of trafficking ·
Possession
for the purpose of trafficking Possession ·
Possession
is not an offence Legal trade in
controlled drugs ·
Regulations
made by the Governor in Council |
Indictment ·
Imprisonment
for a term not exceeding 10 years Summary
conviction ·
Imprisonment
for a term not exceeding 18 months Indictment ·
Imprisonment
for a term not exceeding 10 years Summary
conviction ·
Imprisonment
for a term not exceeding 18 months Summary conviction ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $500 |
Police
powers ·
Police
powers similar to those provided for by the Narcotic
Control Act of 1961, which, however, do not apply to possession of
controlled drugs Criminal procedure ·
Criminal
procedures similar to those provided for by the Narcotic
Control Act of 1961, which, however, do not apply to the possession
of controlled drugs |
| 1969
– Food
and Drugs Act |
Addition
of Part IV to the Food and Drugs Act – Hallucinogenics (Restricted
drugs – Schedule J) Trafficking ·
Manufacture,
sale, transportation, exportation, importation or delivery of a restricted
drug without the authorization of federal authorities (Exclusion
of administration or distribution of such substances) Possession
for the purpose of trafficking ·
Possession
for the purpose of trafficking Possession ·
Possession Legal trade in
restricted drugs
|
Indictment ·
Imprisonment
for a term not exceeding 10 years Summary
conviction ·
Imprisonment
for a term not exceeding 18 months Indictment ·
Imprisonment
for a term not exceeding 10 years Summary
conviction ·
Imprisonment
for a term not exceeding 18 months Indictment ·
Imprisonment
for a term not exceeding 3 years; or ·
Fine
of $5,000 Summary
conviction First offence ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $1,000 Subsequent
offences ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
not exceeding $2,000 Summary
conviction ·
Imprisonment
for a term not exceeding 18 months; and / or ·
Fine
of $500 |
Police
powers ·
Police
powers similar to those provided for in Part III. Unlike those
provided for in that part, they also apply to possession of restricted
drugs Criminal procedure ·
Criminal
procedures similar to those provided for by Part III. Unlike those
provided for in that part, they also apply to possession of restricted
drugs Certificate of the
federal or provincial analyst ·
Amendment
to the procedure for admissibility of the certificate of a federal or
provincial analyst at trial Under
the Act of 1961, a court could admit into evidence the certificate of the
analyst appointed under the Food and
Drugs Act. That document constituted prima
facie and peremptory evidence of the status of the person who gave or
issued it. In
the circumstances, it was neither necessary to prove the appointment of
that person or to authenticate his signature. In
1969, this procedure was amended to enable Crown prosecutor to prove that
status orally under oath, by affidavit or by solemn declaration of the
person who signed the certificate. That person did not have to appear in
court However,
a judge could require the analyst to appear before him to be examined or
cross-examined so as to better assess the information contained in the
affidavit or solemn declaration |
| 1969
– Amendments
to Narcotic Control Act |
Possession |
Indictment
·
Imprisonment
for a term not exceeding 7 years Summary
conviction First offence ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $1,000 Subsequent
offences ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
not exceeding $2,000 |
Criminal
procedure Certificate of the
analyst ·
Amendments
identical to those made to the Food
and Drugs Act |
| Act
of 1985 – Amendments
to Act of 1961 |
Possession ·
Disclosure
of previous prescriptions to a physician (This
new offence was designed to prevent a person from consulting two
physicians at the same time to obtain drugs. It is similar to the
provision introduced in the Opium and Narcotic Drug Act in 1929
prohibiting anyone from obtaining drugs from two physicians) |
Indictment ·
Imprisonment
for a term not exceeding 7 years Summary conviction (First offence) ·
Imprisonment
for a term not exceeding 6 months; or ·
Fine not
exceeding $1,000 (Second
offence) ·
Imprisonment
for a term not exceeding one year; or ·
Fine
not exceeding $2,000 |
Police
powers Searches ·
Abolition
of the writ of assistance Criminal procedure ·
Repeal
of the reverse onus provision for the offence of possession of drugs for
the purpose of trafficking |
| Act
of 1988 – Amendments
to Act of 1961 |
Trafficking Exporting and
importing ·
Possessions
of property obtained through drug trafficking (This new offence
applies to the illegal activities of cultivating, trafficking in,
exporting and importing drugs in Canada or in a foreign country where
those offences are committed by Canadian citizens) ·
Laundering
the proceeds of crime (This new offence
applies to the illegal activities of cultivating, trafficking in,
exporting and importing drugs in Canada or in a foreign country where
those offences are committed by Canadian citizens) |
Indictment ·
Imprisonment
for a term not exceeding 25 years (life) (In
1987, the Supreme Court of Canada ruled in R. v. Smith that it was
unconstitutional to impose a sentence of imprisonment for a term of not
less than 7 years) (Value of more than
$1,000) Indictment ·
Imprisonment
for a term not exceeding 10 years ·
(Value
of less of than $1,000) Indictment ·
Imprisonment
for a term not exceeding 2 years Summary
conviction ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $2,000 Indictment ·
Imprisonment
for a term not exceeding 10 years Summary
conviction ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $2,000 |
Police
powers The
Criminal Code provisions
concerning search, seizure and detention powers relating to the offences
of possession of property obtained through drug trafficking and laundering
the proceeds of crime also apply to the Narcotic Control Act Criminal
procedure The
Criminal Code provisions
concerning forfeiture and restoration, third party applications and the
management of property seized in relation to the offences of possession of
property obtained through drug trafficking and laundering the proceeds of
crime also apply to the Narcotic Control Act |
| 1996
– Controlled
Drugs and Substances Act |
Schedule I:
Opiates (opium, morphine, heroin, codeine, cocaine, morphinans, etc.) Schedule II:
Cannabis (marijuana), hashish, cannabinol, etc. Schedule III:
Amphetamines and hallucinogenics (mescaline, LSD, DET, PCP) Schedule IV:
Barbiturates, benzodiazepines (Seconal, Luminal, Valium and Librium) and
anabolic steroids Schedule V:
Other substances giving rise to abuse Schedule VI:
Precursors (simili-drugs and designer drugs) Schedule VII:
Cannabis trafficking ·
Under
3 kg of cannabis (marijuana) or hashish Schedule VIII:
Cannabis possession Under:
·
1
gram of hashish; or ·
30
grams of cannabis Trafficking or
possession for the purpose of trafficking ·
Administration,
gift, transportation, dispatch, and delivery of a designated substance, or
any other activity outside the regulatory framework (Designated
substance includes: natural and synthetic drugs, any other substance the
owner of which falsely claims is a drug and objects used to use, make or
store a drug) Schedules
I and II Schedule III Schedule IV Schedule VII ·
Cultivation
or production Schedules I
and II (except cannabis) Cannabis Schedule III Schedule IV §
Exporting
and importing Schedules I and II Schedules
III and VI Schedules IV
or V ·
Possession
of property obtained through trafficking in designated substances (This offence
applies to the illegal activities of cultivating, trafficking in,
exporting and importing drugs in Canada or in a foreign country where
those offences are committed by Canadian citizens) ·
Laundering
of the proceeds of crime (This
n offence applies to the illegal activities of cultivating, trafficking
in, exporting and importing drugs in Canada or in a foreign country where
those offences are committed by Canadian citizens and is more particularly
aimed at money laundering)
Possession ·
Possession Schedule I Schedule II Schedule VIII Schedule III ·
Disclosure
of previous prescriptions to a physician (1985) Schedule I Schedule II Schedule III Schedule IV Legal trade in
narcotic drugs ·
Regulations
made by the Governor in Council Therapeutic use of
cannabis ·
Authorization
to use this designated substance for therapeutic or scientific purposes Under
section 56 of the Act, the Minister of Health may on such terms and
conditions as he may set, exempt from the application of all or any part
of the Act any person or class of persons or any designated substance
referred to in a schedule to the Act In
July 2000, this procedure was ruled unconstitutional by the Ontario Court
of Appeal in R. v. Parker. At the time, the court held that the minister's
power to grant an exemption to allow the use of marijuana or other drugs
for therapeutic purposes was too broad and contrary to section 7 of
the Canadian Charter of Rights and
Freedoms (liberty and security of the person, fundamental justice) To
correct the situation, the federal government made regulations in July
2001 allowing the therapeutic use of cannabis Preventive
detention (1961) ·
Provision
repealed Detention for
treatment (1961) ·
Provision
repealed |
Indictment ·
Imprisonment
for a term not exceeding 25 years (life) Indictment ·
Imprisonment
for a term not exceeding 10 years Summary
conviction ·
Imprisonment
for a term not exceeding 18 months Indictment ·
Imprisonment
for a term not exceeding 3 years Summary
conviction ·
Imprisonment
for a term not exceeding one year Indictment ·
Imprisonment
for a term not exceeding 5 years less a day Indictment ·
Imprisonment
for a term not exceeding 25 years (life) Indictment ·
Imprisonment
for a term not exceeding 7 years Indictment ·
Imprisonment
for a term not exceeding 10 years Summary
conviction ·
Imprisonment
for a term not exceeding 18 months Indictment
·
Imprisonment
for a term not exceeding 3 years Summary
conviction ·
Imprisonment
for a term not exceeding one year Indictment ·
Imprisonment
for life (25 years) Indictment ·
Imprisonment
for a term not exceeding 10 years Summary
conviction ·
Imprisonment
for a term not exceeding 18 months Indictment ·
Imprisonment
for a term not exceeding 3 years Summary
conviction ·
Imprisonment
for a term not exceeding one year (Value of more than
$1,000) Indictment ·
Imprisonment
for a term not exceeding 10 years (Value
of less of than $1,000) Indictment ·
Imprisonment
for a term not exceeding 2 years Summary
conviction ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $2,000 Indictment ·
Imprisonment
for a term not exceeding 10 years Summary
conviction ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $2,000 Indictment ·
Imprisonment
for a term not exceeding 7 years Summary
conviction ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $1,000 Indictment ·
Imprisonment
for a term not exceeding 5 years less a day Summary
conviction (First
offence) ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $1,000 (Subsequent
offences) ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
not exceeding $2,000 Summary
conviction ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $1,000 Indictment ·
Imprisonment
for a term not exceeding 3 years Summary
conviction (First offence) ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $1,000 (Subsequent
offences) ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
not exceeding of $2,000 Indictment ·
Imprisonment
for a term not exceeding 7 years Summary
conviction (First offence) ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $1,000 (Subsequent
offences) ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
not exceeding $2,000 Indictment ·
Imprisonment
for a term not exceeding 5 years less a day Summary
conviction (First offence) ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $1,000 (Subsequent
offences) ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
not exceeding $2,000 Indictment ·
Imprisonment
for a term not exceeding 3 years Summary
conviction (First offence) ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $1,000 (Subsequent
offences) ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
not exceeding $2,000 Indictment ·
Imprisonment
for a term not exceeding 18 months Summary
conviction (First offence) ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $1,000 (Subsequent
offences) ·
Imprisonment
for a term not exceeding one year; and / or ·
Fine
not exceeding $2,000 Indictment ·
Imprisonment
for a term not exceeding 3 years; and / or ·
Fine
not exceeding $5,000 Summary
conviction ·
Imprisonment
for a term not exceeding 6 months; and / or ·
Fine
not exceeding $1,000 |
Police
powers Search
and seizure ·
Repeal
of the right to conduct searches and seizures without a warrant ·
Search
or seizure without a warrant allowed in exigent circumstancts ·
Continuation
of procedures for the seizure of a means of transportation, an object or a
designated substance with the use of force, if necessary, or assistance of
persons other than police officers However,
following a search or seizure with or without a warrant, police officers
are required to send a report to the justice of the peace and to the
Minister of Health stating: §
the
place of the search; §
the
designated substance; and §
the
place where that substance was stored ·
Extension
of powers of search already provided for by the Narcotic
Control Act to: §
real
property and those modified for criminal purposes (premises of criminal
organizations); and §
where police officers have reasonable grounds, to any other
object which might establish evidence of an offence ·
Validity
of a search warrant in a province other than the one where it was given Policy
immunity ·
In 1996,
the Controlled Drugs and Substances
Act allowed the Governor in Council to authorize by regulations police
officers to possess and traffic in designated substances sting operations (Currently,
sections 4, 5, 6, 7, 8 and 9 of the CDSA prohibit possession,
possession for the purpose of trafficking, importing, exporting, producing
narcotics, possession of property obtained by criminal activity and
laundering of proceeds of crime. However, section 3
of the Narcotic Control Regulations authorizes inspectors and police
officers to possess drugs for the purposes of or in relation to their
duties. This provision existed in the regulations relating to the Narcotic
Control Act to prevent a police officer from being charged with possession
following a search) In addition, the
police enforcement regulations made under the Controlled Drugs and
Substances Act provides for an exemption for peace officers from the
application of sections 4, 5, 6, 7 8 and 9 of the Act. In that case,
the persons concerned by that provision must at all times be active
members of a police force and must be found in the performance of their
duties during the investigation in question) ·
In
December 2001, the Criminal Code was amended (Bill C‑24) to grant police
officers, on certain conditions, legal immunity when required to commit an
indictable offence in the course of an investigation or operation to
infiltrate a criminal or terrorist organization. However, they are granted
no legal immunity if they commit the following offences: murder,
manslaughter, bodily harm, obstructing the administration of justice and
sexual assault. Criminal
procedure Sentencing ·
Definition
of guiding principles for sentencing (compliance with the Act, maintaining
a just and peaceful society, social reintegration, treatment and
reparation of harm caused to victims) ·
Definition
of aggravating circumstances: §
use
of a weapon; §
resorting
to violence; §
trafficking
in a substance designated under Schedules I, II, III and IV with a
minor or on a school ground §
prior
convictions under the Act; §
and
use of a minor to commit an offence ·
Any
court that decides not to impose a sentence of imprisonment in cases
involving aggravating circumstances must give reasons for that decision Forfeiture ·
Continuation
of the provision allowing forfeiture of: §
designated
substances; §
means
of transportation and property acquired by drug trafficking (expands
powers to include ordinary real property or real property modified for
criminal purposes); and §
proceeds
of crime ·
Continuation
of the procedure regarding applications by third parties, stipulating,
however, that the application must be made by Crown prosecutor. He must
prove that the property is necessary to the investigation and prosecution.
Otherwise, property is automatically returned to the owner ·
Creation
of a restraint order in respect of offence-related property, real property
and proceeds of crime ·
Creation
of a separate procedure for restoring or disposing of designated
substances in order to clarify the provisions of the Narcotic
Control Act in this respect ·
Possibility
that property or proceeds of crime may be forfeited to the Minister of
Public Works and Government Services Canada or the Solicitor General of
a province. Federal
inspectors ·
Definition
of the powers of inspectors appointed by the federal government to enforce
regulations governing legal trade of designated substances. Inspectors
may: §
enter
(with the consent of one of the occupants), examine and search, without
a warrant any place, equipment or receptacle used to produce or store
a designated substance or precursor; §
search
any dwelling house, with a warrant used to produce or store a
designated substance or precursor; §
take
away any computer hardware used to store information on designated
substances or precursors; §
seize
such substances if necessary and return them in accordance with the
regulations; and §
use
force or be accompanied by a police officer to execute their warrant Arbitration
and designated regulations ·
Creation
of a special procedure - the Governor in Council may designate regulations
–
known as “designated regulations” –
the contravention of which is dealt with under
special administrative orders ·
Creates
an arbitration mechanism enabling pharmacists, physicians and businesses
to dispute orders made under designated regulations by the Department of
Health and following an investigation by an investigator into offences
under the designated regulations |