Bill S-10:
PROPOSED NEW MANDATORY SENTENCES FOR SERIOUS DRUG OFFENCES
Source: Department of Justice website
Aggravating Factors - List A
The aggravating factors include offences committed:
- for the benefit of organized crime;
- involving use or threat of violence;
- involved use or threat of use of weapons;
- by someone who was previously convicted of a designated drug offence or had served a term of imprisonment for a designated substance offence in the previous 10 years; and,
[*Bill C-15 version: "by someone who was previously convicted (in the past 10 years) of a serious drug offence."]
- through the abuse of authority or position or by abusing access to restricted area to commit the offence of importation/exportation and possession to export. [*this factor is a new to Bill S-10]
Aggravating Factors - List B
The aggravating factors include offences committed:
- in a prison;
in or near a school; [*In Bill S-10, "in or near a school" has been combined with the second bullet.]
- in or near a school, in or near an area normally frequented by youth or in the presence of youth;
- in concert with a youth;
- in relation to a youth (e.g. selling to a youth)
Health and Safety Factors
- the accused used real property that belongs to a third party to commit the offence;
- the production constituted a potential security, health or safety hazard to children who were in the location where the offence was committed or in the immediate area;
- the production constituted a potential public safety hazard in a residential area;
- the accused placed or set a trap.
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