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The purpose of this guideline is to provide direction to Crown counsel regarding the amendments to the Controlled Drugs and Substances Act CDSA that add mandatory minimum penalties MMP s for particular drug offences in certain circumstances. These amendments apply only to offences committed after the coming into force of this legislation. As noted below, there is a requirement that the Crown provide notice of the intention to seek the MMP and the intention to prove the aggravating factors. There is no time limit provided for the giving of notice, except that it be before the accused enters a plea; therefore it is recommended that Crown counsel review their files early-on in order to ensure that notice has been provided to the accused, and if not, provide one as soon as possible. Each regional office should coordinate with their local police forces the specific procedure to be followed for providing this notice to the accused, including the possibility of the police providing this notice as a matter of course at the time of arrest. With the implementation of this MMP regime, Crown counsel may be under increased pressure from defence counsel to negotiate a plea agreement that would not require that an MMP be imposed in a particular prosecution. The guiding principle for Crown counsel during plea negotiations is not to undermine the MMP regime during the process. Crown counsel are reminded that they are obliged to present all available provable facts to the court, in a firm but fair manner, in order to ensure the integrity of the prosecution throughout the litigation process. Footnote 2 Crown counsel must also conduct plea and sentence negotiations in a manner consistent with the policies set out in the PPSC Deskbook. In particular, the Deskbook states that an agreement to withhold from the court facts that are provable and relevant, and that aggravate the offence is not acceptable. Footnote 3. In keeping with the will of Parliament, it will generally be inappropriate to take a plea to a lesser offence, or to stay or withdraw a charge, when it is done with the intent of avoiding the imposition of an MMP where the evidence supports the original charge. In situations where the facts supporting the MMP are present and provable, counsel should generally prosecute that offence and the court will impose the MMP. Also, where there are two possible charges in a prosecution and one has an MMP and one does not, or both have an MMP but one is higher than the other, the one with the MMP or the one with the higher MMP should proceed. Footnote 4 In cases where there are two charges, both of which are punishable by MMP s, counsel should not take a plea to one MMP charge, and stay the other charge, if the sentence for the remaining MMP charge is less than the sentence that would have been imposed following conviction on both charges. Footnote 5. Counsel must provide the CFP with a written memorandum setting out the basis for the stay, withdrawal or plea and explaining why the proposed course of action is in the public interest. If the reason for the stay, withdrawal or plea to a lesser offence is due to the evidentiary threshold for prosecution not being met i. In situations in which Crown counsel intends to proceed with the prosecution of an offence with an MMP but considers that the imposition of an MMP would likely result in an unduly harsh consequence under the circumstances of a particular case, counsel may exercise discretion not to rely on the notice of intention to seek the MMP. For example, Crown counsel might consider exercising their discretion in proving the notice of intent in situations where the imposition of an MMP would be an unduly harsh consequence for someone who has special needs, such as a medical condition that would make jail particularly onerous. Counsel shall nonetheless still present the aggravating factor s to the court if they are relevant and provable. In such circumstances, counsel must provide to the CFP , as soon as practicable after doing so, a written memorandum demonstrating how the proposed course of action was in the public interest and why it was not feasible to seek consent beforehand. Footnote 6 Counsel must also ensure that the memorandum is placed on the file. The Act amends the CDSA to provide for MMP s when an accused is convicted of certain serious drug offences including trafficking, possession for the purpose of trafficking, importing and exporting, and production. Also, the maximum penalty for production of Schedule II drugs has been increased from 7 to 14 years. In general, the MMP will apply where there is an aggravating factor present, including where the production of the drug constituted a potential security, health or safety hazard. MMP s are also triggered by trafficking, exporting, importing or producing certain quantities of either Schedule I or Schedule II substances. For the production of between 6 and marihuana plants, the Crown must prove by way of expert evidence that the production was for the purpose of trafficking. The chart attached as Appendix A to this note sets out in detail, by quantity and other aggravating factors, the penalties mandated for both Schedule I and Schedule II drugs. In particular, the aggravating factors involve offences committed:. In relation to the production offences, MMP s may be imposed where the following security, health and safety factors are:. Footnote The Act also allows a court to delay sentencing while an offender with a substance use disorder either participates in a drug treatment court program approved by the Attorney General, or attends a treatment program approved by the province under the supervision of the court as outlined in s 2 of the Criminal Code. If the person successfully completes the treatment program, the court is not required to impose the MMP for the offence. Crown counsel must be aware of the facts in a given case that may give rise to the imposition of an MMP , ensure that notice has been given before the matter proceeds, and be prepared to prove the aggravating factors present in the case. Throughout this process, Crown counsel are duty bound to present to the court all provable aggravating facts that are relevant to the prosecution. Offence would have to involve more than 3 kg of cannabis marihuana or cannabis resin. One year for Schedule II if the offence is committed for the purpose of trafficking; the person abused a position of trust or authority; or the person had access to an area that is restricted to authorized persons and used that access. One year for Schedule II if the offence is committed for the purpose of trafficking; the person abused a position of trust or authority;, or the person had access to an area that is restricted to authorized persons and used that access. Offence is committed for the purpose of trafficking. Maximum penalty will be increased to 14 years imprisonment. If offence is committed for the purpose of trafficking.

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The drug rooms offer a clean and safe environment for addicts. As a senior police official in northern England calls for safe rooms for the injection of hard drugs, attention has focused on similar projects around Europe. County Durham's Police and Crime Commissioner Ron Hogg points to an experiment in Copenhagen, which Danish police say has saved lives and helped clean up drug-ridden districts. The harsh Danish winter has yet to set in but Louise Hultman has just pulled on a thick, woolly hat. Louise Hultman says she feels safer injecting at the drug rooms. The year-old has been taking hard drugs since she was 15 and says she steals to fund her addiction to heroin and cocaine. But these days she injects inside one of Copenhagen's so-called drug consumption rooms, where she can access sterile needles and get help from nurses if anything goes wrong. Addicts shoot up from inside individual booths spread along a spotless metal bench. They bring their own drugs, which remain illegal in Denmark, but police in this neighbourhood, Vesterbro, no longer prosecute them for possession. If somebody passes by, they should not see my problem,' says Louise, her eyes glazed following her most recent drug dose. And I feel safer here,' she adds. Copenhagen is home to the biggest, most open drug scene in Scandinavia, with up to 8, users concentrated in a 2. The capital's first drug consumption room launched a year ago, following a change in national legislation. It is funded by the city council, which spent more than a decade lobbying the government for permission to launch the project. A second room opened in August and a third is planned for Aarhus, Denmark's second-largest city. He says it is impossible to know how many lives have been saved by the project, but there has not been a single death on the premises, despite more than overdoses. Vesterbro is the city's former meat-packing area and is now its red light district. The largest drug room is tucked behind a homeless shelter scrawled with graffiti and opposite a bar boasting to be one of the world's best strip clubs. But like Hackney in east London or Berlin's formerly communist Mitte, this neighbourhood has quickly become a hub for young creative people and some of the Danish capital's hippest bars. Police believe the drug consumption rooms are crucial to help clean up the area as it becomes increasingly gentrified. They say the amount of drug-related litter on the cobbled streets has reduced tenfold over the past year, there are fewer street fights between addicts and there has been a drop in burglaries in the area. Denmark is not the first country to launch drug consumption rooms. Switzerland pioneered the idea in the s and since then others have opened in Germany, Spain, Norway, Canada and Australia. Brighton City Council will vote on whether to introduce a permanent project in Commissioner Ron Hogg in County Durham wants his region to go even further, supplying 'safe heroin' for addicts rather than make them bring their own. Deputy Chief Superintendent Kaj Majlund says he is happy to pass on his number if other places want advice. Kais Nane, drug user: ''You get needles, you get everything''. It is this kind of voter that the city's opposition Conservative party leader, Rasmus Jarlov, is hoping to attract when he stands in mayoral elections next month. He worries that in the longer term consumption rooms will increase drug dealing in the area and encourage more people to shoot up. Back at the consumption room in Vesterbro, manager Ivan Christensen stresses that his staff are developing a rapport with long-term users who previously had no access to support services for addicts and says he has noticed a 'growing interest' in rehabilitation programmes. Ms Hultman is amongst those on the waiting list; she is hoping to get a place in Sweden, where her family lives. But other addicts say that they will continue to take drugs, no matter how much time or money is spent on programmes designed to help them. I tried that once and it didn't work. Why not help us with these rooms, which are a better place for us? PCC backs drug 'shooting galleries'. Drug-use rooms around the world. Synthetic drug fentanyl takes deadly toll in Estonia. Lancet article on study of North America's first medically supervised safer injecting facility. By Maddy Savage. A clean environment. Safer streets. Domino effect. Conservative critics. But not everyone is convinced by the concept. This video can not be played To play this video you need to enable JavaScript in your browser. The road home. More on this story. Related internet links.

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