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Canada's Drug Laws

NCJ Number
128186
Journal
Journal of Drug Issues Volume: 21 Issue: 1 Dated: (Winter 1991) Pages: 17-40
Author(s)
R M Solomon; S J Usprich
Date Published
1991
Length
14 pages
Annotation
Beginning with the 1908 passage of the Opium Act, Canada's drug laws have been shaped more by racial hostility and political pressure than by reasoned analysis. As a result, there are broader enforcement powers accorded to minor drug offenses than to some felony crimes.
Abstract
The Canadian Federal government has legislative authority over illicit drug matters and over criminal law generally. The Narcotic Control Act covers offenses including possession, trafficking, cultivation of cannabis or opium, importing or exporting narcotics, and prescription shopping, while the Food and Drug Act is concerned with controlled and restricted drugs and the unauthorized sale of prescription drugs. Other drug-related offenses in Canada include possession of drug paraphernalia or literature, possessing or laundering criminal proceeds, and the impact of discretion. Police have general powers of arrest and search and seizure in drug-related cases as well as supplementary powers including special search provisions, telewarrants, and seizure and forfeiture authorization. The 1982 Canadian Charter of Rights and Freedoms has effected some piecemeal reforms in this punitive system of legislation and police powers, but the authors maintain that the balance between effective enforcement and individual rights must be reassessed. 2 tables, 6 notes, and 33 references (Author abstract modified)

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