Drug Penalties

Year
2004
Number
B3
Sponsor(s)
Chetwynd

WHEREAS illegal drug sources and sellers are associated with organized crime, creating health and safety concerns for innocent people, causing economic harm to legitimate businesses and governments and significant costs to police enforcement and judicial systems; AND WHEREAS present drug-related fines, penalties and jail terms are not reflective of community values and do nothing to deter such actions: THEREFORE BE IT RESOLVED that the provincial and federal governments increase all penalties associated with drug-related crimes to reflect the serious impact of illegal drugs on our communities and to discourage the trafficking of illegal drugs; AND BE IT FURTHER RESOLVED that all drug-related fines and all property and proceeds of drug-related crimes be turned over to the local government responsible for paying related policing costs and any costs incurred by local government in relation to any related judicial proceedings.

Provincial Response

MINISTRY OF PUBLIC SAFETY AND SOLICITOR GENERAL The federal government has sole jurisdiction over drug offences and associated penalties. British Columbia, however, continues to press the federal government for changes to federal drugs laws Controlled Drugs and Substances Act to better counter illegal drug production and trafficking. Attacking the financial base of organized crime and enhanced sentencing are key elements of British Columbias position. British Columbia endorses the National Action Plan on Organized Crime, which includes measures that can be taken at every level of government to reduce the revenue obtained by organized crime from illicit drugs. British Columbia will introduce civil forfeiture legislation at the provincial level to ensure that people do not profit from illegal activity, such as illegal drug production and trafficking. Drug prosecutions are prosecuted by the federal Department of Justice and the federal government provides the province with a share of forfeited drug proceeds of crime using a sharing formula. The province manages the shared forfeited drug proceeds in the Forfeited Crime Proceeds Fund in accordance with the Special Accounts Appropriation and Control Act. The funds are used to facilitate the administration of criminal justice and law enforcement in the province. Criteria stipulating how funds in the Forfeited Crime Proceeds Fund can be disbursed are outlined in a protocol agreement between the Solicitor General, the Attorney General and the Minister of Finance. One of the criteria stipulates that the monies must not be directly return to agencies responsible for specific investigations or prosecutions. This criterion is intended to avoid a conflict of interest situation with police concentrating resources and efforts on criminal cases that may cause proceeds of crime to be viewed as revenue. The province continues to press the federal government for enhanced transparency and equity in the sharing of the proceeds of illegal drugs sales resulting from federally prosecuted drugs offences. Proceeds of crime funds are limited at this time. However, the Government of British Columbia encourages all police agencies in BC to apply for disbursements from the Forfeited Crime Proceeds Fund.

Convention Decision
Endorsed