New section 5(3)(a.1) of the CDSA reenacts the current section 5(4) of the CDSA and imposes a maximum punishment of imprisonment for five years less a day if the trafficking offence is for a small amount of cannabis or its derivatives, as listed in Schedule II.
Clause 1 amends the CDSA to impose a minimum punishment of imprisonment for a term of two years if certain other aggravating factors apply, including that the offence was committed in or near a school, on or near school grounds, or in or near any other public place usually frequented by persons under the age of 18 years. Defining such places may prove to be difficult.
Clause 2 of Bill C-15 imposes a mandatory minimum punishment of imprisonment for one year if the offence is committed for the purpose of trafficking and the substance involved is included in Schedule I and is in an amount that does not exceed one kilogram, or is listed in Schedule II. As in clauses 1 and 3, the maximum punishment of imprisonment for life is retained.
Mandatory minimum punishments will also be introduced for the production of cannabis (marihuana), with their length depending upon the number of marihuana plants produced.- The term of imprisonment will be at least six months if the number of plants produced is fewer than 201 and the production is for the purpose of trafficking.- The minimum penalty increases to nine months in these circumstances if any of the health and safety factors apply
December 30, 2009: Prime Minister Shuts Down Parliament until March, 2010 - Kills Bill C-15
December 9, 2009: The Senate has voted to amend Bill C-15. The bill will now go to Third Reading in the Senate, and then will be forwarded back to the House of Commons.
December 3, 2009: Canadian Senate Committee Passes Bill C-15 with minor amendments. Now goes to Senate as a whole for a vote, then signed by the Governor General to become law. See: What does C-15 mean after the Senate amendments?September 17, 2009: Bill C-15: 2nd Reading - On motion of Senator Wallace, bill referred to Standing Senate Committee on Legal and Constitutional Affairs, on division.
June 25, 2009:It was moved by the Honourable Senator Tardif, seconded by the Honourable Senator Fraser, that debate be adjourned to the next sitting of the Senate.
June 22, 2009: Bill C-15 goes to the Senate for second reading June 10, 2009: Bill C-15 goes to the Senate for first reading
The Hon. the Speaker informed the Senate that a message had been
received from the House of Commons with Bill C-15, An Act to amend the
Controlled Drugs and Substances Act and to make related and
consequential amendments to other Acts.
June 8, 2009: Bill C-15, mandatory minimum sentences for drug offences including marijuana passed the House of Commons 195/54.
Bill C-15 Newsfeed
May 5
C-15 Has Returned - Now Called S-10 Rob Nicholson today reintroduced C-15 as Bill S-10, the bill is slightly different, with mandatory minimum sentences kicking in at 6 plants, not 1. So, to say again, the bill no longer has a mandatory minimum sentence for 1 marijuana plant.
Dec 30
Prime Minister Shuts Down Parliament - Kills Bill C-15 In a political maneuver designed to shield his embattled Conservative government from criticism during the upcoming Winter Olympics in Vancouver, Canadian Prime Minister Steven Harper on December 30th "prorogued," or shut down, Parliament until a new session begins in March. The move kills all pending legislation, including a Tory "tough on crime" bill, C-15, that included mandatory minimum nine-month prison sentences for growing as much as a single marijuana plant.
Dec 9
Senate Accepts Bill C-15 Amendments The Senate has voted to amend Bill C-15. The bill will now go to Third Reading in the Senate, and then will be forwarded back to the House of Commons.
The Standing Senate Committee on Legal and Constitutional Affairs, to which was referred Bill C-15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other acts, met this day at 5 p.m. to give consideration to the bill.
Senator Pierre Claude Nolin (Deputy Chair) in the chair.
The Deputy Chair: Welcome, everyone. We will have two things to start with today. First, I have a declaration to report to you. Colleagues, I would like to indicate that Senator Campbell has made a written declaration of private interest regarding Bill S-226. In accordance with rule 32.1, the declaration shall be recorded in the minutes of proceedings of this committee.
Oct 6
Senate C-15 Hearings start Thusday @ 10:45 am Eastern Legal and Constitutional Affairs
Thursday, October 8, 2009 10:45 am
Location: Room 257, East Block
(Televised live on PTN)
(Webcast)
Clerk: Jessica Richardson (613-990-6087)
Agenda for the meeting - Senate
Bill C-15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts.
The Hon. the Speaker: Honourable senators, when shall this bill be read the third time?
(On motion of Senator Wallace, bill referred to Standing Senate Committee on Legal and Constitutional Affairs, on division.)
Jun 25
Senate stalls passage of mandatory minimum sentencing legislation "Conservative Justice Minister Rob Nicholson held a press conference today to protest the slow pace of the passage his so-called 'law and order' agenda in the Senate. Nicholson specifically cited Bill C-15, which proposes mandatory jail terms for growing even a few marijuana plants, and implored the Senate to pass the bill in less than 24 hours."
Jun 10
Bill C-15 has first reading in Senate Controlled Drugs and Substances Act -> Bill to Amend - First Reading
The Hon. the Speaker informed the Senate that a message had been
received from the House of Commons with Bill C-15, An Act to amend the
Controlled Drugs and Substances Act and to make related and
consequential amendments to other Acts.
Second reading: June 12, 2009.
Controlled Drugs and Substances Act -> Bill to Amend - First Reading
The Hon. the Speaker informed the Senate that a message had been
received from the House of Commons with Bill C-15, An Act to amend the
Controlled Drugs and Substances Act and to make related and
consequential amendments to other Acts.
Second reading: June 12, 2009.
See Mandatory Minimum Sentences
Bill C-15 could fill Canadian prisons with drug offenders If passed into law, Bill C-15 would, among its other provisions, throw people caught with one marijuana plant into the slammer for a minimum of six months. If growing a single plant is done on a property that belongs to another person or in an area where it may present a hazard to children, minimum jail time is nine months.
Worse, the bill seeks to increase the maximum penalty for this particular offence to 14 years. See also: www.whyprohibition.ca
