Pubdate: Wed, 02 Aug 2000
Source: Vancouver Sun (CN BC)
Copyright: The Vancouver Sun 2000
Contact:  200 Granville Street, Ste.#1, Vancouver BC V6C 3N3
Fax: (604) 605-2323
Website: http://www.vancouversun.com/

A WELCOME NUDGE TO REVIEW POT LAWS

With a year's grace to respond to a court ruling, the federal government 
should undertake a comprehensive view of all aspects of marijuana 
legislation, including public consultations.

When the Ontario Superior Court ruled that Terry Parker has a 
Charter-guaranteed right to smoke marijuana to treat his epilepsy, the 
federal government was not pleased. Ottawa went to the Ontario Court of 
Appeal, which increased government unhappiness greatly by striking down the 
possession law.

The three judges of the court found the outright ban of marijuana forced 
Mr. Parker to choose between his health and imprisonment. That is 
inconsistent with the principles of justice. It is not enough, the court 
ruled, for the federal health minister to provide special dispensation to 
people who have a medical requirement to use the drug.

However, the court hasn't thrown the law out -- yet. It gave the government 
a year to appeal to the Supreme Court of Canada, amend the law or simply 
let it die. If the government shuns the first two options and does nothing, 
it will mean Canada no longer has any law prohibiting marijuana possession.

It's easy to argue why doing nothing might be the wisest course. Ontario's 
courts have recognized marijuana's medicinal value. The B.C. courts have 
declared that its possession and use create an insubstantial risk of 
harm.  Hardly anyone is ever charged with mere possession for personal use 
any more. De facto legalization might limit the involvement of organized 
crime and the dangers of underground as well as household grow operations; 
this would reduce demands on police. A happy side-effect of de facto 
legalization is the potential to tax marijuana, which would fund any number 
of social programs.

However, the do-nothing option would leave us with an absurd situation 
where it's legal to possess marijuana, but not to grow or sell it.

Since marijuana was declared a narcotic in 1923, 600,000 Canadians have 
received criminal records for simple possession. That's an absurdity that 
led to another -- a law that is rarely enforced yet, when it is, it leads 
to a sentencing crap-shoot. A man in B.C. convicted of the same offence as 
Mr. Parker received an absolute discharge. On a different day with a 
different judge, the sentence could range from nothing to a maximum of 
seven years. As The Sun reported last spring, "In the absence of serious 
social and political debate, this is how marijuana policy is being 
written:  one sentence at a time."

Laws that are not enforced should be expunged, and sentences for those that 
are should be evenly applied. The court rightly said its place is not to 
write the law. That's for the government.

Whether the government goes for legalization or more defensible laws 
prohibiting possession, what's needed is a rational and comprehensive 
review of all aspects of marijuana legislation and the public must be 
heard.  The 12 months' grace provided by the court is not a long time. The 
federal government should start that review process now.
- ---
MAP posted-by: Keith Brilhart