reconsiDer: TIDBIT
A committee in Canada's House of Commons, similar to our House
of Representatives, recommended in December that possession of up to 30 grams of
marijuana be decriminalized. Justice Minister Martin Cauchon said he wants to
study those recommendations as well as those of a Senate committee that went
further last September by recommending that marijuana be legalized for Canadians
16 and older. Of course there has been a lot of pressure from the U.S. to
stop any movement in this direction. U.S. Drug Czar Walters threatened Canadians
with trade sanctions and restrictions on tourism and George W. Bush said in
January he was concerned Canada had become an increasing source of potent
marijuana. Cauchon has long said he was looking at decriminalizing the use of
marijuana and intended to go to the U.S. to explain his plans to American
officials, but he postponed his trip because of the Iraq conflict. When you
think of the porosity of the U.S./ Canadian border,( there are golf courses that
straddle the two countries), any dramatic change in Canadian drug laws would
have serious repercussions in the U.S.
MARIJUANA DECRIMINALIZATION POSSIBLE
BY SUMMER: CAUCHON
Justice Minister Martin Cauchon repeated his
commitment yesterday to
introduce legislation to decriminalize possession of
small amounts of
marijuana, possibly as early as this summer.
"The
criminal law is a blunt tool; it is only effective if it is
applied
consistently and if it reflects true social consensus on an issue,"
Mr.
Cauchon said during a luncheon speech in Toronto at the Empire Club
of
Canada. "I am troubled by the inconsistent application of the criminal
law
to the possession of small amounts of marijuana for criminal
use."
"Your children or grandchildren may not be charged if they are
caught in
Toronto, but kids in small towns across Canada are being charged
for
exactly the same behaviour. This means that kids are ending up with
a
criminal conviction," Mr. Cauchon told the business audience.
"This
can have a devastating impact on their lives -- from the types of
jobs they
can get, to travelling or going to university in other
countries,
particularly the United States," he added.
Mr. Cauchon did
not respond directly to a question about whether the
federal government will
be able to change the marijuana laws in the face of
strong opposition on the
issue from the U.S. government.
But he suggested Australia's "ticketing
regime," which involves fines for
possession of small amounts of marijuana
"would be more efficient for law
enforcement" in Canada and free up resources
to combat drug trafficking and
organized crime.
Last December, the
justice minister pledged to introduce new marijuana
legislation by the end of
April.
"At one level, his comments are very encouraging," said Toronto
lawyer Paul
Burstein, who has been involved in a number of high-profile
challenges to
the marijuana possession and medical marijuana
laws.
However, Mr. Burstein noted that Mr. Cauchon's comments about the
impact of
a criminal conviction for marijuana possession "are completely
inconsistent
with the position that his lawyers have taken in a factum filed
with the
Supreme Court of Canada."
The Supreme Court was supposed to
hear arguments last December to decide if
potential criminal sanctions for
marijuana possession violate the Charter
of Rights. The court decided to
postpone the hearing because of the
apparently conflicting positions put
forward by Mr. Cauchon and Justice
Department lawyers.
A new hearing
date of May 6 was announced last week by the Supreme Court
and Mr. Burstein
said he does not believe it is a coincidence that Mr.
Cauchon is again
talking publicly about decriminalization of marijuana.
He predicted that
the Justice Department will ask to postpone the Supreme
Court hearing for a
second time "because the government is about to
do
something."
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