News Release - Winnipeg Police Service

Canadian Association of Chiefs of Police / Association canadienne des chefs de police 300 Terry Fox Drive, Unit 100, Kanata, ON K2K 0E3 Tel./Tél. (613) 595-1101 - Fax/Téléc. (613) 383-0372 www.CACP.ca   MEDIA RELEASE FOR IMMEDIATE RELEASE August 20, 2013     Canadian Association of Chiefs of Police (CACP) Propose "Ticketing Option" For Simple Possession of Cannabis   Winnipeg, Manitoba– The membership of the Canadian Association of Chiefs of Police (CACP), meeting at its Annual General Meeting in Winnipeg, ratified a resolution recommending an expansion of enforcement options to more effectively and efficiently address the illicit possession of cannabis.   "The current process of sending all simple possession of cannabis cases under the Controlled Drug and Substances Act (CDSA) to criminal court is placing a significant burden on the entire Justice system from an economic and resource utilization perspective," stated CACP President Chief Constable Jim Chu.   "The CACP is not in support of decriminalization or legalization of cannabis in Canada. It must be recognized, however, that under the current legislation the only enforcement option for police, when confronted with simple possession ofcannabis,is either to turn a blind eye or lay charges. The latter ensues a lengthy and difficult process which, if proven guilty, results in a criminal conviction and criminal record."   The CACP is proposing the addition of a CDSA ticket option through the Federal Contraventions Act for simple possession of cannabis and sees several primary benefits:   It expands the range of enforcement options available to more effectively and efficiently address the illicit possession of cannabis while maintaining the ability to lay formal court process charges; It reduces the burden on policing and judicial resources and provides significantly greater economies and efficiencies; and, By using a ticket under the CDSA - Contraventions Act, an individual can avoid receiving a criminal record which can place significant barriers on travel, obtaining employment, bonding and citizenship.   "The CACP believes the illicit use of cannabis has a negative impact on public safety and the health of young persons," stated CACP Drug Abuse Committee Chair Chief Mark Mander. "By adding this additional policing tool, however, we are proposing a responsible public safety initiative that will be of overall benefit to all Canadians. Associated commentary is attached. The Canadian Association of Chiefs of Police was established in 1905 and represents approximately 1,000 police leaders from across Canada.  The Association is dedicated to the support and promotion of efficient law enforcement and to the protection and security of the people of Canada. Through its member police chiefs and other senior police executives, the CACP represents in excess of 90% of the police community in Canada whichinclude federal, First Nations, provincial, regional and municipal, transportation and military police leaders.   For further information, please contact:                  Timothy M. Smith Government Relations and Strategic Communications                                                                 Canadian Association of Chiefs of Police                                                                 Tel.: 613-601-0692  Email: timsmith2000@rogers.com     Resolution #04 – 2013   Cannabis Enforcement   Submitted by the Drug Abuse Committee   Commentary:   Leaders within the Canadian law enforcement community have been regularly consulted regarding this on-going national conversation.  We believe that decriminalization or legalization is not the direction we should be moving toward from a public safety perspective.  However, by adding an additional enforcement option, we are proposing a responsible public safety initiative that will be of overall benefit to all Canadians. The CACP believes it is necessary to expand the range of enforcement options available to law enforcement personnel in order to more effectively and efficiently address the unlawful possession of cannabis. The current process of sending all simple possession of cannabis cases pursuant to the Controlled Drugs and Substances Act ("CDSA") to criminal court is placing a significant burden on the entire Justice System from an economic and resource utilization perspective. There are instances when having an alternative to attending court would be beneficial. Under the current legislation, the only enforcement option for police when confronted with simple possession of cannabis is either to caution the offender or lay formal charges, resulting in a lengthy, difficult process which results, if the charge is proven, in a criminal conviction and criminal record. Clearly, there are circumstances where a formal charge for simple possession is appropriate.  However, the large majority of simple possession cases could be more efficiently dealt with using a CDSA ticketing scheme pursuant to the Contraventions Act. A police officer's ability to exercise discretion is an underlying principle of the Canadian justice system.  Having varying options for addressing simple possession of cannabis situations enhances a police officer's ability to more effectively and efficiently deal with the circumstances they are confronted with on the front line. Examples A practical example illustrating the problem created by the current framework:  two persons in a public park, one consuming alcohol and the other smoking cannabis.  Consuming alcohol in a public space would result in the issuance of a ticket pursuant to provincial liquor laws.  However, the only alternative to giving the cannabis-consuming subject a verbal warning would be to proceed with a formal charge pursuant to the CDSA.  A CDSA ticketing scheme would ensure a consequence that more closely reflects the public interest. As an example of where a formal charge would be the more appropriate option, consider a motorist who has been pulled over and is found to be smoking a joint. Further background information The CACP believes that Health Canada is the competent authority to determine which substances can be prescribed for medical purposes.  In fact, Health Canada has taken measures to change regulations related to the production and distribution of marihuana for medicinal purposes. (Reference: Marihuana for Medical Purposes Regulations (MMPR) http://www.hc-sc.gc.ca/dhp-mps/marihuana/index-eng.php) The Canadian Centre for Substance Abuse (CCSA) has conducted an empirical review of cannabis-related research in order to identify the harms associated with using this illicit substance.  The Clearing the Smoke on Cannabis series provides an objective and peer-reviewed look at the evidence on the effects of cannabis use on various aspects of human functioning and development, by expert researchers in the field. The report can be found at: http://www.ccsa.ca/2013%20CCSA%20Documents/CCSA-Clearing-Smoke-on-Cannabis-Highlights-2013-en.pdf Statistics Canada:  Statistics Canada issued their Juristat in May, 2009 entitled "Trends in police-reported drug offences."  In Canada (2007) there were 100,675 police-reported drug offences of which 62,510 were cannabis related (http://www.statcan.gc.ca/pub/85-002-x/2009002/article/10847/tbl/tbl1-eng.htm).  Of these cases, 47,101were related to possession (http://www.statcan.gc.ca/pub/85-002-x/2009002/article/10847/tbl/tbl3-eng.htm).  Statistics Canada states: "Part of the overall increase in the rate of drug crime can be attributed to increases in youth (aged 12 to 17 years) accused of drug offences.  Despite recent fluctuations, the 2007 rate of youth accused of drug offences was double what it was 10 years ago." (http://www.statcan.gc.ca/pub/85-002-x/2009002/article/10847-eng.htm).  Statistics Canada also reports that "About half of adult cases (55%) and youth cases (48%) involving drug-related charges in 2006/2007 resulted in a finding of guilt….(the other half) are stayed, withdrawn, dismissed or discharged."   For further information contact either: Constable Jason Michalyshen, Public Information Officer Constable Eric Hofley, Public Information Officer Detective Sergeant Natalie Aitken, Public Information Officer Phone: (204) 986-3061 | Fax: (204) 986-3267 | Email: WPS-PIO@Winnipeg.ca Share this mailing with your social network by clicking on the appropriate link:       Related Winnipeg Police Service Report a Crime Online Crime Stoppers CrimeStat Unsubscribe If you do not want to receive these emails anymore, unsubscribe. Please do not reply to this email. This e-mail was sent from a notification-only address and replies are not monitored. 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