The federal government is introducing a bill to require mandatory jail sentences for people caught smuggling contraband tobacco. It requires a high volume - a minimum of 10,000 cigarettes or 10 kgs of tobacco products - and the sentences aren't very long - 90 days for a second conviction, going up to two years for over four - but it's a measure that's not going to do very much to curb the problem. It could even be argued that it could cause greater problems overall.
This is a crime which people do because they want to make a quick buck. Contraband tobacco isn't going to be the most lucrative drug trade, because there's a price ceiling since tobacco is sold in shops. So the profit margins are going to be relatively slim, and the people who are convicted aren't going to be the most intimidating criminals that we're going to find. It might cost some tax dollars, but in terms of social impact, it's going to be relatively minor.
But of course, Vic Toews says that the contraband tobacco trade leads to increased gang activity and more illegal drugs and guns in communities. I can accept this, given that there would have to be a supply chain and so on. What I don't believe is that the solution is to put them in a big building filled with criminals, many of whom have gang connections and know sources of drugs that are significantly more dangerous and illegal.
The problem with mandatory prison sentences for minor crimes is that it's not actually going to set people on the straight and narrow. If someone is willing to do something illegal but minor like trade in contraband tobacco, they're likely willing to trade in other products with a higher profit margin, drugs that are significantly more illegal and harmful than an off-brand cigarette. They just need the connections, and let's be honest, if you're looking for someone who knows where to find drugs and establish dealer connections, a prison is going to be the first place to look. While mandatory prison sentences present an illusion of being tough on crime, they aren't going to make an impact here.
If a government wants to curb contraband cigarettes, it's a matter of making it less profitable, not of giving people a three-month course in how to deal in much more lucrative products. They are also setting up a task force to deal with contraband, and that's good, if it makes it more difficult to deal with people will look for another way to make money. While it doesn't guarantee that this alternate money-making activity will now be legal, at least we're not giving them drug and gang connections on a silver platter, under the mistaken view that prison automatically solves all crime.
I'm not saying that prison isn't necessary overall, or that there aren't crimes that deserve a prison sentence. Instead, I'm saying that there are crimes where prison is not going to be an effective solution for curbing crime, and this is one of them. The only result I can see from this measure is more drug crime, because more people can get easy access to those more experienced in the trade, and they're out fast enough to capitalize on their new knowledge. Prison isn't a catch-all solution, and it isn't appropriate for some crimes, because it could just exacerbate the problem.
