Pubdate: Thu, 05 Sep 2002
Source: Ottawa Citizen (CN ON)
Copyright: 2002 The Ottawa Citizen
Contact:  http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Jennifer Campbell, The Ottawa Citizen
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

600,000 COULD HAVE DRUG RECORDS ERASED

People Convicted Of Simple Possession Wouldn't Be Held Up At Border, Denied 
Jobs

For those convicted of petty marijuana offences back in high school, the 
most refreshing of the recommendations by the Senate committee report that 
advised legalizing marijuana and hashish had to be the one that suggested 
the government should erase the criminal records of those convicted of 
simple possession.

The recommendation would see between 300,000 and 600,000 Canadians freed, 
not only from the stigma of a drug conviction, but also from some very real 
limitations.

Such people will theoretically be able to freely cross international 
borders without fears of being held up or turned back.

However, the United States would also have to decide to ignore previous 
convictions for that to work for people travelling there, said Carey 
MacLellan, an Ottawa defence lawyer. Eugene Oscapella, a lawyer and 
founding member of the Canadian Foundation for Drug Policy, agreed.

"If you have a criminal record, we've probably already shared that with the 
Americans, so they may already have a database of Canadians with criminal 
records for cannabis," said Mr. Oscapella said.

If Canada gets rid of those records and says previous offenders are deemed 
never to have been charged or convicted of a drug offence, that should make 
crossing a lot easier. But, as Mr. MacLellan pointed out, there's no reason 
to believe the U.S. authorities -- who have a far less liberal view of drug 
possession -- won't hold onto the information databases they already have.

In the meantime, those with newly erased criminal records for drug offences 
won't have to worry about being discriminated against for certain jobs.

A criminal record "jeopardizes a possible job application and security 
clearances," said Lawrence Greenspon, a defence lawyer in Ottawa. "Any 
position of security, banking, real estate, stock brokering -- they'll ask 
for a record check."

Mr. MacLellan said it's people who have lower paying jobs who end up being 
most discriminated against when it comes to criminal records.

"The more complex the job application process, the less likely a drug 
conviction is to be a problem," he said, adding that it's more likely to be 
a problem for someone applying for a job at McDonald's than someone 
applying for a position with a law firm.

Law students with drug-related convictions, can go through the motions of 
studying for three years and completing their articling, but when they end 
up at the bar, they're at the mercy of the board of governors. The board is 
often forgiving of minor, drug-related records, but not always.

Volunteer positions will also open up for those whose records have 
prevented them from becoming involved with organizations like Scouts Canada 
and Big Brothers/Big Sisters that require clearance.

"Many organizations require proof from the police that you don't have a 
criminal conviction," he said.

Mr. Greenspon said giving drug possessors criminal records takes away from 
the impact of criminal records.

"Having a criminal record should be a serious, meaningful problem for a 
person," he said. "To put 300,000 pot possessors in the same category as 
people who properly have criminal records is excessive and way beyond 
what's necessary."

For that reason, he said, this recommendation is an integral part of the 
legalization package.
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MAP posted-by: Terry Liittschwager