Policy change vital to enhancing drug prosecutions: Abela

Posted on May 2, 2024 by Taber Times

By Trevor Busch
Taber Times
editor@tabertimes.com

Lack of prosecutions in relation to drug offences due to the policy approach of the federal government is frustrating for local law enforcement attempting to make a dent in the regional drug trade, argues Taber Police Service Chief Graham Abela.

Speaking during a recent meeting of the Taber Municipal Police Commission, Abela outlined how federal drug prosecutions are now handled locally, and the various concerns that have arisen.

“The tools that we have, that we used in the past are no longer there for us. Crowns, under the handbook that they’ve been given not by law, but by the handbook that they’ve been given by bureaucrats in Ottawa, has created a situation in which prosecutions aren’t occurring at the simple possession level of cocaine or methamphetamine. And our drug dealers know, and they’ve told us that they’re aware that they can walk around with smaller quantities, 30 grams of crystal methamphetamine. And if the police catch them, they’re not going to be charged for possession for the purpose of trafficking. And they get away scot free. We might have the drugs, we will seize the drugs, but they don’t get charged. There’s no outcome. There’s no consequence for behaviour, that’s frustrating. And I’ve shared this with you before, but I’m at a loss what to do…you can’t take away those tools and expect us to keep building community. I don’t know what to do. You’re my boss, so you’re hearing some frustration, and you’re hearing some real concern coming from me as well. But we’ll keep plugging away as a police service, we’ll keep seizing the drugs and trying to make the community safe. I just wish there was more teeth building prosecutions and policy to allow us to do that.”

“What can the police commission do to help the police service in this situation with the drug issue?” asked Comm. Shaun Kinniburgh. “Because it is a community issue. What tools do you need that we can help with? Is there anything we can do?”

Abela suggested a legislative approach would be of limited value for federal changes, but stressed the need for further advocacy.

“The federal government took away the ability of communities to pass bylaws to deal with the mandate that the federal government has associated with the possession of drugs and the requirement to prosecute. So that’s a challenge. But there is advocacy work I think the commission can do, either through the Alberta Association of Police Governance, or through the support of Alberta Law Enforcement Response Teams, which I know you already support, but in writing, and contacting our members of parliament, and our MLA, it really is a federal issue. This is a federal policing issue and a federal mandate associated to the Criminal Code in the Controlled Drugs and Substances Act. And what bothers me about it – I think the greatest – is that it’s still against the law. So it’s against the law to possess cocaine, it’s against the law to possess crystal methamphetamine. But the handbook, the prosecutorial handbook that’s directing the federal prosecutors on what to do, is created by bureaucrats. It’s not the law. Parliament hasn’t voted on the decision as to whether or not that handbook should move forward. So this is a policy decision. And it’s the wrong one.”

Abela pointed out that it would be extremely difficult – if not impossible – for a society to reform or correct illegal behaviour if there are no consequences involved in engaging in that behaviour.

“I am a huge proponent and supporter of harm reduction strategies. There’s no doubt in my mind that different models applied, like the Portugal model associated with diversion, diverting people out of the criminal justice system who are abusing or using substances. I’m a huge fan of that. Those are still consequences. There are no consequences right now in Canada if you possess cocaine – and I’m talking in amounts that are small – or crystal methamphetamine, where you will be prosecuted due to that, due to the direction the prosecutors are getting. So zero consequences, there’s no outcome. And I just find it strange in our society, that we’ve lost that value – the social contract is breached as far as I’m concerned. And we need to bring it back. So anywhere where you can advocate in that regard, I think is important. Your continued funding, support for funding. And I’m not asking for any more money. We already have your support as the Taber Police Service associated with that. I’m not asking for anything more in that regard. Just keep it in the back of your mind, we don’t want to lose that. We have these discussions in our HR, our training meetings and things like that across the province. The 2.5 grams that everyone’s allowed to possess in BC doesn’t help. You know, we get people here that say, ‘Well, I can possess 2.5 grams.’ Well, no, you can’t. It’s just this mixed message that’s being sent nationally on this policy decision is really causing issues and kids my kids’ age are delving into the stuff and overdosing. I don’t get it, I don’t know.”

“I share your frustration, probably not quite as intensely,” said Coun. Carly Firth, who represents town council on the commission. “But what this handbook or this advice is doing is effectively decriminalizing small possession without actually decriminalizing, which is incredibly frustrating from a community perspective. So how are other agencies dealing with this?”

Through the Alberta Association of Chiefs of Police Abela described the suggested approach advocated by this organization, but funding is lacking for a diversionary model.

“We’re all for harm reduction. We’re all for taking people out of the criminal justice systems through diversion, but we are against decriminalization. It still needs to be illegal. And the federal Cannabis Act, and some of the other statutes indicates that you can divert. But you can’t get the prosecution. The only way you can divert is if you get the prosecution. So the prosecution says it will divert this. What they’re wanting us to do is divert it from community. And I’m saying, ‘yeah, not prosecuted, diverted community, but then they don’t provide us the funding to create the model of diversion within community.’ We can’t afford it.” 

Open use of drugs in a public setting in major cities will no longer be tolerated, concluded Abela.

“The other thing that we saw in Edmonton and Calgary, there were real issues with open air drug use. So I don’t know if you’d ever been to downtown Edmonton six months ago, but you’d see people openly smoking crystal meth or injecting fentanyl. And people passed out on the streets, and they put a stop to that, the Edmonton Police Service in conjunction with the City Council and the Commission. We’re seeing the community impact that was occurring through that, and I’m glad for that because that’s set precedents and kind of an attitude associated to that. It’s just not going to be tolerated right now. I’m not sure what they can do about it, because you can’t prosecute those people for possession, because they’re not going to do that.”

Abela described the situation in Taber as a “micro-example” of drug abuse issues elsewhere in the country and province.

“We’re going to tackle the issue as we see it. I was in Ottawa twice this last year. And when I was there in the summer, walking with our people down to the market, we were literally stepping over people on the street, because it was sickening two blocks from Parliament. And I couldn’t believe that in our capital city, that would be something that would be permitted. We are a micro example of what’s happening elsewhere. I’m not saying that we have the major drug issues – we do have major drug issues, but not like elsewhere. But I never thought there’d be a time when a police chief had to send out a social media message to tell all the drug users, ‘hey, if you’re going to use be careful, because right now, there’s stuff in town that may kill you.’ Is that my role? But holy smokes, why isn’t public health doing that, if it’s a health issue?”

Various levels of government are currently at loggerheads over the policy approach to the drug crisis in Alberta. 

“I agree completely, I think it goes right back (to) we have no control,” said Comm. Ferris Zaugg. “The federal government makes it a health issue, which goes to the province, which (health) is regulated and controlled by each province in each area. BC can get away with some of the things they’re doing. Right now, as we know, our provincial government is not at peace with our federal government. And so we’re stuck doing things like, ‘Hey, be careful what you’re taking because you might not make it.’ This just goes right back to legalizing marijuana to where you can walk around, you buy at the store. You’ve never had that before, which is going to keep getting worse with the federal government, encouraging them.”

Following discussion, the commission resolved to draft a letter regarding the issue, and to submit a resolution to the Alberta Association of Police Governance.