Drug Prosecutions
Drug prosecution files represent a significant proportion of the PPSC’s total caseload. In 2010-2011, the PPSC handled 58,117 prosecution files related to offences under the Controlled Drugs and Substances Act. Of those, 24,245 files were carried over from previous years, and 33,872 files were new. These prosecutions vary greatly in complexity; some are simple cases of possession of a few grams of marihuana, while others involve complex schemes to import quantities of cocaine or to make methamphetamine in a suburban neighbourhood for export.
PPSC prosecutors are often involved early in investigations to ensure that investigators receive timely advice on the techniques they are using and to ensure that the evidence is marshalled to permit a prosecution on the merits of the case.
Cases targeting criminal organizations have increased as a result of police forces focusing more of their efforts on investigations of such organizations. Trafficking in drugs is one of the primary activities of most organized crime groups.
In part because of changes in enforcement in recent years, the PPSC has seen an increase in the number and size of drug cases in certain parts of the country. In British Columbia, for example, a single case involved a seizure of over 1,000 kilograms of cocaine, and another involved a seizure of over 1,000 kilograms of ketamine. Taken together, eight other cases involved over 420 kilograms of cocaine, 75 kilograms of methamphetamine, 88 kilograms of opium, and 55,000 hits of ecstasy. The wholesale value of the drugs seized in these ten cases exceeds $75 million. The street value would be many times more.
Drug prosecutions can become time-consuming and complex. Lately, prosecutions that would have been relatively straightforward in the past have been prolonged as a result of motions focusing on the legality of the investigation, the constitutionality of the legislation or of the investigation, disclosure issues, allegations of abuse of process, or unreasonable delay.
High-complexity drug cases require a significant amount of PPSC resources. While such cases represented only 2.13% of staff counsel’s drug caseload in 2010-2011, they took up 35.38% of the litigation time dedicated to drug prosecutions.
Drug offences are often revenue-generating crimes, and thus continue to represent the majority of offences that lead to the forfeiture of proceeds of crime and property used to commit crime (“offence-related property”). In 2010-2011, the PPSC handled 2,176 cases involving either proceeds of crime or offence-related property (1,296 were carried over from previous years, and 880 were new). The proceeds or property at issue ranged from money used to buy drugs from an undercover officer to real estate bought with the proceeds of crime or used to produce drugs. A total of $35.6 million of proceeds of crime and offence-related property was forfeited during 2010-2011.
Addiction-motivated crime presents particular challenges. To try to reduce the revolving door of crime committed to feed an addiction, federally funded Drug Treatment Courts have been established in Vancouver, Edmonton, Regina, Winnipeg, Toronto, and Ottawa. As well, a community-funded Drug Treatment Court operates in Calgary. These courts focus on the supervised treatment of the offender. Prosecutors work with judges, defence counsel, treatment providers, and other personnel to cooperatively but accountably deal with the issues raised by the conduct of offenders diverted to these specialized courts.
PPSC prosecutors currently staff all of Canada’s Drug Treatment Courts with the exception of the Regina Drug Treatment Court, which is staffed by prosecutors from the Ministry of the Attorney General of Saskatchewan.
Project E-Pandora
Following a two-year investigation into the East End Charter of the Hells Angels (EEHA), 18 people were arrested and charged with a variety of offences connected to the production and trafficking of methamphetamine in association with a criminal organization.
The last of the trial matters concluded in the spring of 2010 with Randall Potts and John Punko (both EEHA members) pleading guilty to conspiracy to produce and traffic methamphetamine and trafficking cocaine. The trial judge ruled that the federal Crown was estopped (prevented) from proceeding on the criminal organization charges. The PPSC appealed the sentences and the estoppel ruling. In February 2011, the B.C. Court of Appeal increased both sentences and ordered a new trial for Mr. Punko and Mr. Potts on the criminal organization offences.
