Throwing away the keys: The human and social cost of mandatory minimum sentences

Crime rates in Canada are at their lowest point since 1972 yet last year, Canada’s federal government introduced sweeping legislative reforms to our criminal justice system. The stated goal of these expansive and expensive measures is to increase the safety and security of Canadians by getting “tough on crime” and holding offenders accountable.

The Safe Streets and Communities Act (SSCA), alternately known as Bill C-10 and the “Omnibus Crime Bill” was passed by Parliament on March 12, 2012. When the SSCA was debated in Parliament, Canadians were told that many provisions of the Act, including the introduction of mandatory minimum sentences for a number of drug offences, would target “serious organized drug crime” rather than people struggling with drug dependence. Many well-respected commentators, including the Canadian Bar Association, the Canadian Centre for Policy Alternatives, and the Assembly of First Nations have argued, however, that these amendments will affect a spectrum of drug offenders, including people involved in the sale and/or production of illicit substances as a result of their struggle with drug dependence.

Pivot Legal Society undertook this research in order to assess the potential scope and nature of the effects of the Safe Streets and Communities Act on low-income drug users. We also sought to examine whether new criminal law provisions were likely to raise constitutional issues, particularly when applied to members of Charter-protected groups, such as Aboriginal people and people with disabilities (including drug dependence).

Keep up-to-date with drug policy developments by subscribing to the IDPC Monthly Alert.