Pubdate: Tue, 16 Jul 2002 Source: Toronto Star (CN ON) Copyright: 2002 The Toronto Star Contact: http://www.thestar.com/ Details: http://www.mapinc.org/media/456 Author: Tonda MacCharles, Ottawa Bureau Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) OTTAWA MAY EASE LAWS ON MARIJUANA POSSESSION Offenders Could Face A Ticket And Fine, Minister Says OTTAWA -- Canada may follow Britain's lead in decriminalizing marijuana use by making simple possession of small amounts of pot a ticketing offence, Justice Minister Martin Cauchon said yesterday. "We're not talking about making it legal. We're talking about the possibility of moving ahead with what we call the decriminalization of that," said Cauchon. "It would still be illegal. It wouldn't be criminal, of course; but it would still be illegal. (The law would be) easier to apply. You would get a contravention (ticket) and you would have to pay something. I guess we would be maybe more effective, more efficient in proceeding that way," he said in response to reporters' questions after a cabinet committee meeting here. In one of the strongest statements by a minister of this government, Cauchon expressed doubts about the effectiveness of the current laws. He noted the law makes drug possession a crime, and results in a criminal record -- sometimes jail -- for convicted persons. Criminal records can often lead to a person being barred from professional certification, or from travel to the U.S. "Very often the legislation will simply not be applied" depending on where you live across Canada, said Cauchon. Last week, Britain relaxed its laws on cannabis use, making it a non-arrestable offence, meaning pot-smokers may be merely issued a police warning. But the government said it would re-focus enforcement efforts on harder drugs and trafficking. Before introducing any new legislation, Cauchon said he wants to hear from the two committees, a Senate committee and a Commons committee, now looking at the status of Canada's cannabis laws. Any change would require a lengthy period of public consultation beforehand, he added. But already Pierre-Claude Nolin, chair of the Senate committee, has criticized the idea of fines as an impractical idea, which puts an unfair burden on the poor and young people who are often the subject of charges. Cauchon said yesterday there are many legislative models to look at other than Britain's, but did not go into detail. "If you look at the system that we have in place, keeping it criminal, it seems that it's not very efficient," said Cauchon. "So maybe we can find a way to keep it illegal and be more constructive, more efficient, more effective as well. And find a way with programs to help those people that are using such a substance." He said any legislative changes would not mean abandoning the fight against drug trafficking, adding distribution networks are "highly criminal, as we all know." "We want to keep fighting that, keep making sure that we will protect our society from those organized crime groups," he said. Cauchon said he has not yet presented any proposal to cabinet, but has had informal talks with people on the law enforcement side and those who work with young offenders. "I guess the Canadian population is behind us when we're talking about keeping it illegal. That's the aim and goal. The aim and goal as well is making sure that we will be more efficient, more effective." Several of Cauchon's cabinet colleagues seemed open to the proposal, but Solicitor-General Lawrence MacAulay, responsible for law enforcement in the country, was doubtful. "Drugs are a very serious problem in this country and what we have to do is do what's right and make sure we have the proper rules and laws in place." Fisheries Minister Robert Thibault, who is responsible for the Coast Guard, which patrols East and West Coast waters for illicit drug shipments, said: "I think it's the way of the world and what's been happening." He said he could see the pros and cons, but "you don't want to in any way encourage drug use." B.C. MP and lawyer Stephen Owen (Vancouver-Quadra), a junior economic development minister, said polling data shows that when Canadians are informed of the facts on the ineffectiveness of cannabis laws and the high costs of drug enforcement, greater numbers support decriminalization. "One, it's not working; two, it's perhaps illogical; three, it's costing a whole lot of money that might better be focused on law enforcement, on possession and use of more serious drugs -- and on trafficking of all drugs, including marijuana," Owen said. Owen said the illegal status of marijuana encourages large-scale marijuana growing operations in the Vancouver area because it means operators -- who are usually organized crime gangs -- stand to make a larger profit. With files from Allan Thompson - --- MAP posted-by: Jackl