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
Authors: Paula McCooey, Jeff Pappone
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

MARIJUANA DEBATE STILL DIVIDES OTTAWA COMMUNITY

Police Remain Opposed To Decriminalizing Drug, Activists Not Convinced MPs 
Will Change Laws

While he's overjoyed with the Senate report yesterday that recommends the 
legalization of marijuana, Ottawa activist Mike Foster thinks he'll need to 
hold his breath many more times before the government adopts new drug laws.

The Special Committee on Illegal Drugs' 600-page report confirms that it's 
time for the government to move to eliminate the old reefer madness 
mentality ingrained in a large part of the population and start looking at 
marijuana as medicine that actually benefits people, he insists.

"I think the report is wonderful because they recommended legalization and 
not decriminalization, but I think whether Parliament actually acts on it 
or not is another story. I'm old enough to remember the LeDain Report that 
recommended 30 years ago they do something about the laws," says the Bank 
Street merchant. "Something might happen because it's inevitable, but it 
will probably be in the courts -- I really don't think that Parliament has 
the strength or courage to go ahead with that sort of legislation."

In 1973, the LeDain Commission recommended the end of charges for marijuana 
possession and cultivation after looking into the use of the drug. So, with 
the LeDain report gathering dust for almost 30 years and the government's 
inept handling of the medicinal marijuana situation, Mr. Foster has more 
faith in the courts than Canada's elected officials.

"I'm looking more towards the Supreme Court challenges coming up in the 
fall than I am towards Parliament making any moves," he says. "And, I think 
the report will influence the courts -- It's an exhaustive report. They 
looked at it honestly and based on the facts, they couldn't come up with 
any other answer."

In three separate hearings scheduled for early December, the Supreme Court 
will hear constitutional challenges to the criminal prohibition of the 
personal and private possession of marijuana.

If the court overturns the law or Parliament adopts new legislation, police 
will abide by the change and stop charging people for possession, said 
Staff Sgt. Marc Pinault of the Ottawa Police drug unit.

But police "are totally against decriminalizing," said Sgt. Pinault.

If and when it becomes legal or decriminalized, police will accept it and 
move on, Sgt. Pinault says. But, he adds quickly, that doesn't mean he has 
to like it.

"People forget that there will be people out there producing it, which will 
still be illegal, and we will still have labs to take down and we'll have 
to deal with the organized crime element," he insists. "It is just a 
commodity to organized crime and if police or citizens get between their 
commodity and profit, they will kill you."

Eugene Oscapella, one of the directors of the Canadian Foundation for Drug 
Policy in Ottawa, has appeared twice before the Senate Committee, 
advocating the elimination of drug prohibition. He not only believes 
prohibition doesn't work, he says it's fundamentally flawed. And, he says, 
some law enforcers may believe drugs should remain illegal, but what 
they're really doing is promoting organized crime.

"It's (prohibition) a big part of the problem with drugs -- just as it was 
during alcohol prohibition," said Mr. Oscapella. "The police wouldn't 
support this report because they make money off of prohibition, and 
organized crime, obviously, as well. So you have to ask yourself why are 
the police and organized crime on the same side of this issue?"

While The Canadian Police Association has stated marijuana is 
internationally recognized as a gateway drug that leads users to heroin and 
cocaine, Mr. Oscapella says the Senate Committee's report shoots down that 
theory with scientific evidence.

He says the committee consulted experts around the world and concluded that 
marijuana is not a gateway drug - and the fact it's an illegal substance 
has little or no direct bearing on use.

Sgt. Pinault disagrees, insisting many people won't use marijuana because 
it's illegal. Take that away and many people might be convinced that 
there's no harm in trying it. "I think from a public health standpoint, 
it's the wrong thing to do," said Sgt. Pinault.
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MAP posted-by: Jay Bergstrom