The paper discusses the evolution of theory and practice with respect to the sentencing of Canadian drug offenders. Particular emphasis is placed upon the description of case law in the Canadian context. It is argued that the practical thrust of Canadian sentencing policy is directed towards the offence of possession of marijuana. It is noted that the Canadian government has been reluctant to legislate in relation to the sentencing of drug offenders; the Canadian judiciary essentially enacts policy in the absence of a legislative will.
Get full access to this article
View all access options for this article.
References
1.
BobiaszF.1974“Absolute and Conditional Discharge,”6 University of Ottawa Law Review608–619.
2.
BoydN.1981“The Origins of Canadian Narcotics Legislation: The Process of Criminalization in Historical Context,” in journal submission, Department of Criminology, Simon Fraser University, October.
3.
BrecherE. and the Editors of Consumer Reports 1972Licit and Illicit Drugs, Little, Brown, and Company, Boston.
4.
BrownD.G.1972“Drugs and the Problem of Law Abuse,”7University of British Columbia Law Review1–16.
5.
BryanM.1979“Cannabis in Canada - a decade of indecision,”8Contemporary Drug Problems169–192.
6.
Canada1979Drug Users and Conviction Statistics, Bureau of Dangerous Drugs, Health Protection Branch, Department of National Health and Welfare, Ottawa.
7.
Canada1973Final Report of the Commission of Inquiry into the Non-Medical Use of Drugs, Information Canada, Ottawa.
8.
EricksonP.G.1980Cannabis Criminals, Addiction Research Foundation, Toronto, Canada.
9.
GreenM.1979“A History of Canadian Narcotics Control: The Formative Years,”37University of Toronto Faculty of Law Review42–79.
10.
LeonJ.1977“Drug Offences and Discharges in Canada: The Need for Reform,”35University of Toronto Faculty of Law Review38–68.
11.
MacFarlaneBruceA.1979Drug Offences in Canada, Toronto, Canada Law Book, Part V, Sentencing Drug Offenders.
12.
SolomonR.MadisonT.1976– “The Evolution of Non-Medical Opiate Use in Canada - Part I: 1870–1929,” 1977 5Drug Forum237.
13.
SzaszT.1974Ceremonial Chemistry, Garden City, New York, Anchor Press/Doubleday.
