Bill C-15 and Minimum Sentences for Drug Offences
The Prime Minister of Canada at the time, Stephen Harper, was taking a “tough on crime” (2) approach to policy making. Harper’s intentions mimic American approaches to drug related offences (2). Bill C-15 is born of Richard Nixon’s “War on Drugs” of the 1970s, and reminiscent of Bill Clinton’s “three strikes” crime bill, which are broadly cited as catalysts of US mass-incarceration (3). It has been shown, both in Canada and the US, that increased incarceration rates do not reduce rates of drug-use and drug related crimes (1).
It is clear that a so called “War on Drugs” is really a war on the people who use drugs. The government’s intent to further criminalize drugs only reinforces their unjust belief that drug use is an immoral act deserving of punishment.
The negative effects of Bill C-15 are numerous:
- Increased criminalization of drugs does not prevent drug use, it simply drives it further underground, and therefore increasing associated risks. Forcing people who use drugs into unsafe situations only increases HIV transmission. (4)
- High incarceration rates of people who use drugs has been correlated to rising rates of HIV in Canada. Many people initiate drug use in prison, and without access to sterile equipment, transmission is much more likely. HIV prevalence is 10 times higher in federal prisons than within the general population. (1)
- The introduction of a mandatory minimum sentence primarily serves to police marginalized and racialized communities (5), leading to disparate incarceration rates, and therefore higher rates of HIV infection among those communities.
Bill C-15 goes directly against public health directives (1). The willful misinterpretation of its criticisms is indicative of a myopic governmental understanding of drugs and how they actually exist in Canada. (senate) Given that drug crime rates in 2009 were not significant (2), this bill is constructed from ulterior motives, that in practice yield greater consequences for marginalized communities (5), and serve primarily to facilitate a political agenda.
Ultimately, Bill C-15 was passed in December of 2009 (7). It functions to the detriment of those who are already most affected by HIV, by disregarding drug-use as a healthcare issue and emphasizing criminalization.
bibliography
- Allard, Patricia E. Misleading and Misguided: Mandatory Prison Sentences for Drug Offences. Canadian HIV/AIDS Legal Network, 2009.
- Mallea, Paula. The Fear Factor; Stephen Harper’s Tough On Crime Agenda. Canadian Centre for Policy Alternatives, 2010. (pp 7 – 8)
- A Brief History of the Drug War. Drug Policy Alliance. https://drugpolicy.org/issues/brief-history-drug-war. Accessed Feb 5, 2021.
- Nothing About Us Without Us; a manifesto by people who use illegal drugs. The HIV Legal Network, 2005. (pp 8) http://www.hivlegalnetwork.ca/site/wp-content/uploads/2013/04/Greater+Involvement+-+Bklt+-+Drug+Policy+-+ENG.pdf. Accessed Jan 21 2021.
- Maynard, Robyn. Policing Black Lives, Fernwood Publishing, 2017. (pp 92 – 102)
- Canada. Parliament. Senate. The Standing Committee on Legal and Constitutional Affairs. Evidence. Nov 19, 2009. https://sencanada.ca/en/Content/Sen/committee/402/lega/47534-e. Accessed Feb 3, 2021.
- House Government Bill; 40th Parliament, 2nd Session (Jan 2009 - Dec 2009). C-15. Legis Info. https://www.parl.ca/LegisInfo/BillDetails.aspx?Bill=C15&Language=E&Mode=1&Parl=40&Ses=2. Accessed Feb 3 2021.