‘Unfortunately, the problem of drugs and drug-related crime in Canada has been seriously exacerbated by policies adopted by the federal government’
OTTAWA — Alberta Premier Danielle Smith is insisting Ottawa either gets tougher on drug-related crimes or gets out of the way.
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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.”
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.
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.
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.
Virani hasn’t publicly responded to Smith.
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.”
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