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Drug Enforcement Branch

Mandate | Goal | Legislation | Chemical Diversion | National Coordinator for Marihuana Grow Operations | Countermeasures against Illegal Drug Trafficking and Money Laundering | Investigative Techniques | Links | News

see also: Drug Situation in Canada - 2004

Drug Branch, Ottawa, provides a direct, rapid communication line between divisional operational drug units and the members of the international drug law enforcement community. Drug Branch includes the Drug Operations Review Section, the National Precursor Chemical Diversion Program, the Foreign Drug Cooperation Section, the Drug Awareness Service, and the Policy Research and Program Evaluation Section.

The Drug Program Mandate

“The RCMP Drug Program will work with the community and partners to identify, target, investigate, disrupt, and dismantle the international, national/regional, and local drug trafficking organizations that are having the most significant impact on Canada. Federal Drug resources will work to prevent drug-related social and economic harm through supply and demand reduction initiatives. Federal drug resources will focus on international, interprovincial CDSA-related investigations and work closely with the Proceeds of Crime Program. Drug-related offences committed at the community level are the responsibility of RCMP municipal and provincial contract personnel.”

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Goal:

The Drug Program’s goal is to prevent drug-related social and economic harm by reducing the supply and demand for illicit drugs with the understanding that the drug problem is one of global proportions. A strong integrated approach to the global drug problem involves prevention, education, enforcement, counselling, treatment, and rehabilitation. Together these are most likely to achieve long term success for drug-related issues.

Technology is a powerful tool for law enforcement and information has become the global currency of the 21st century. Sound intelligence acquisition, analysis, adaptation and dissemination are crucial to international drug enforcement. Virtually all countries are both producers and consumers of illicit drugs in varying degrees, Canada unfortunately also provides a good example of this problem.

Criminal enterprises generate billions of dollars of revenue each year. Moreover, the proceeds resulting from drug trafficking do not only serve to finance further drug activity, but are also a major source of funds for terrorism, compounding the damaging impact on our societies. It is clear that “proceeds of crime” or “money” is the incentive motivating criminals to continue to conduct illegal activities, prompting law enforcement bodies to recognize that attempts to combat criminal enterprises require an attack on their financial framework.

Our society is weakened by the violence, the corruptive behaviour and the greed with which organized traffickers operate. Drug abuse, particularly among youth, has both subtle and tragic consequences for individuals, families and entire communities.

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Legislation:

The Controlled Drugs and Substances Act and related sections of the Criminal Code provide Canadian Drug legislation. While all RCMP employees are responsible for enforcing Canadian drug laws, approximately 950 are assigned exclusively to this task.

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Chemical Diversion Program & Precursor Control Regulations:

Canada`s drug legislation, the Controlled Drugs & Substances Act (CDSA) came into effect in May of 1997. It provides significant authorities for law enforcement to investigate criminal offences regarding controlled substances, including the production of these substances. The legislation was enhanced on January 9th, 2003, when Canada fulfilled its international obligation by implementing the Precursor Control Regulations . This was the first legislation to address the need for the control of essential and precursor chemicals routinely used in clandestine labs for the production of methamphetamine, ecstasy, and other Schedule III (chemical) drugs. The regulations, enforcement and cooperative partnership with private industry will seriously impact the availability of precursor chemicals to clandestine lab operations.

The RCMP is cognizant of the need to control the distribution of chemical precursors and how this control affects the supply of controlled substances in Canada and the global market. We continue to work with Health Canada to implement the chemical precursor regulatory framework. At the same time, we investigate drug production offences and assist international law enforcement agencies with chemical diversion investigations.

In response, and specifically to address the growing international and global chemical diversion problem, the RCMP instituted the ‘National Chemical Precursor Diversion Program’. The role of the coordinators is to liaise with the chemical industry, assist drug investigators conducting clandestine laboratory investigations, and provide training to the chemical industry thus allowing them to identify, monitor and prevent suspicious transactions.

Pseudoephedrine is the most diverted chemical in North America at the present time, fuelling the manufacture of methamphetamine in Canada and the United States. Efforts to stop the diversion of this chemical, and others, requires the cooperation and assistance provided by our international law enforcement partners.

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National Coordinator for Marihuana Grow Operations:

Marihuana grow operations have been prevalent in Western Canada for more than a decade. In the past two years, the problem has spread across our country at an alarming rate.

Some of the other negative impacts, in addition to the violence, have been felt in communities where these grow operations have been established. A current trend being used by crime groups, has been to set up grow operations in houses located in residential neighbourhoods. The impact of this practice includes increased criminal activity in residential areas, decreased real estate values, fire hazards, health risks and environmental dangers.

In November, 2002, in response to an identified need to have a consistent method and strategy for dealing with marihuana grow operations, the RCMP appointed a National Coordinator specifically for Marihuana Grow Operations.

The functions of the National Coordinator for Marihuana Grow Operations are to:

1) create an enforcement template based on the best practices of police agencies across Canada
2) coordinate efforts with police agencies at all levels, to ensure common practices are implemented;
3) work with international law enforcement community to help curb marihuana production, exportation, and sale;
4) implement consistent safety standards for those exposed to the high risk duties associated with the investigation and dismantling of marihuana grow operations and,
5) develop and present recommendations for potential legislative amendments.

Currently in Canada there is an ongoing debate on how to deal with the possession of small quantities of marihuana. There is no plan to legalize possession, however, we are looking at ways to reduce the heavy burden on our courts and legal system as well as to avoid the personal stigma and consequences of a criminal record. This would include issues such as loss of employment and hindered career opportunities, issues that often lead to substance abuse. The police community is encouraging additional alternate measures that provide options to the laying of criminal charges while still being able to levy a fine unless specific circumstances merit a more severe approach.

The Marihuana Medical Access Regulations were approved by the Special Committee of Council (SCC) on June 13, 2001. The Regulations contain two main components: ‘authorization to possess’ and ‘licences to produce’.

A copy of the Marihuana Medical Access Regulations and process to acquire exemption certificates is available at Health Canada’s Therapeutic Products Directorate site:
http://www.hc-sc.gc.ca/dhp-mps/marihuana/index_e.html

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Countermeasures against Illegal Drug Trafficking and Money Laundering:

Foreign Drug Cooperation

Foreign Drug Cooperation (FDC) Section supports RCMP drug enforcement efforts by enhancing cooperation with developing countries. Accordingly, FDC works closely with Liaison Officers to develop initiatives having a direct impact on current relations with foreign countries serving to build strong and lasting relationships.
In addition to its collaboration with the Liaison Program, the RCMP Drug Branch FDC section pro-actively manages its activities in support of RCMP and Canadian priorities, of multi-lateral concerns and priorities identified in such forumss as the United Nations Office on Drugs and Crime (UNODC formerly UNDCP), and Inter-American Drug Abuse Control Commission (CICAD).

International conventions

Canada is a party to all relevant international conventions on drugs and has also signed 30 bilateral mutual legal assistance treaties within the framework of those conventions. In addition, Canada has signed 87 extradition treaties and continues to be an active participant and a leading contributor to numerous regional and international forums to promote the improvement of multilateral anti-drug activities. Canada plays an active role in the United Nations with several bodies addressing drug and related crime issues and serves as an elected member on the Commission on Narcotic Drugs (CND) of the United Nations Office on Drugs and Crime (UNODC). Within the CND, Canada is also an active participant in the Heads of National Law Enforcement Agencies (HONLEA), which operates in Asia, Africa, Latin America and the Caribbean, and in Europe. It also collaborates with the United Nations Commission on Crime Prevention and Criminal Justice. Canada also participates in the World Customs Organization, providing coordination with carriers and trade organization, as well as technical assistance and training for member Customs organizations.

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Investigative Techniques:

Following a Supreme Court of Canada decision, investigations which utilized the Undercover Technique were limited by the lack of “police immunity,” relating to the commission of specific criminal acts during an investigation. To address this impediment, December 18, 2001, the Parliament of Canada passed amendments to the Criminal Code which included new sections that provide a limited justification for otherwise illegal acts and omissions by law enforcement officers, and others acting under their direction during these investigations, while establishing a system of accountability to ensure laws are respected and authority is not abused. These provisions have allowed Canadian law enforcement agencies to return to undercover techniques which are a key element to success in many criminal investigations.

The way ahead

We must diligently pursue strong national and international efforts to reduce supply and demand of drugs and combat money laundering.

Clearly, success in addressing substance abuse requires co-operation at a national and international level and the sharing of knowledge and best practices in the pursuit of a balanced approach to the availability of and the demand for illicit drugs.

... Together we can make a difference....

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News

Links:

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