‘Unfortunately, the problem of drugs and drug-related crime in Canada has been seriously exacerbated by policies adopted by the federal government’
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OTTAWA — Alberta Premier Danielle Smith is insisting Ottawa either gets tougher on drug-related crimes or gets out of the way.
“We are writing on behalf of Albertans who continue to be concerned about the proliferation of drugs and drug-related crime in Canada,” wrote Smith, joined by her attorney general, Mickey Amery, in an open letter Monday to federal Justice Minister Arif Virani.
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“Unfortunately, the problem of drugs and drug-related crime in Canada has been seriously exacerbated by policies adopted by the federal government.”
The letter singled out two federal policies: the Liberal government’s August 2020 directive directing Crown prosecutors to divert drug cases away from criminal courts; and its Bill C-5, which put an end to mandatory minimum sentences for convictions under the Controlled Drugs and Substances Act.
Smith says she’s giving Ottawa an ultimatum: get rid of these “soft” drug laws or hand over drug-related prosecutions to Alberta.
“Let there be no mistake, Alberta’s government will find these dangerous criminals, prosecute them, and keep them behind bars where they belong,” wrote Smith in a tweet.
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Drug crimes in most provinces, including Alberta, are prosecuted by federal Crown prosecutors from the Public Prosecution Service of Canada, since drug offences fall under the Controlled Drugs and Substances Act. In New Brunswick and Quebec the PPSC prosecutes only drug offences investigated by the RCMP but not those by regional or local forces.
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Smith’s ultimatum comes days after she endorsed Conservative Leader Pierre Poilievre’s call for mandatory life sentences for fentanyl kingpins.
Poilievre also said last week that he’ll reverse Bill C-5, passed in 2022, if he becomes prime minister.
Toronto-based criminal defence lawyer Annamaria Enenajor says what Smith’s asking for flies in the face of the constitutional division of powers.
“The Constitution is clear. (Smith) has absolutely no control over criminal drugs as a criminal policy, period,” said Enenajor. “It’s strictly federal jurisdiction.”
“The ultimatum is meaningless because she can’t actualize it.”
Enenajor said that the best Smith can do is use her powers over the administration of justice to appoint prosecutors and judges with track records of seeking tough sentences for drug-related offences.
She also said it would be hard for the federal government to repeal Bill C-5, which was passed in response to recent Supreme Court decisions striking down mandatory minimums, without using Section 33 of the Charter of Rights and Freedoms, known as the notwithstanding clause.
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Poilievre has already spoken in favour of using Section 33 to restore consecutive life sentences for mass murderers. The Supreme Court deemed such penalties “cruel and unusual” punishment under the Charter in a controversial 2022 decision.
Virani hasn’t publicly responded to Smith.
He did however announce on Monday that he won’t be running for re-election later this year.
Virani said in a written statement that he planned to continue on as minister of justice for “as long as I have the privilege to serve.”
National Post
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