Pubdate: Fri, 13 Dec 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: Janice Tibbetts

HIGH COURT MARIJUANA CASE IN LIMBO

Justice Department Ready to Argue Cannabis is a Dangerous Drug As Minister 
Seeks Decriminalization

The Supreme Court of Canada judges have written a letter questioning 
whether they should proceed with a federal government case against 
marijuana smoking today, given that Justice Minister Martin Cauchon says he 
is going to decriminalize the drug.

As soon as the judges read about Mr. Cauchon's announcement earlier this 
week, the court wrote lawyers for the federal government and three 
marijuana enthusiasts, asking whether the case should be put on hold in 
light of the developments.

At the same time that Mr. Cauchon is planning decriminalization, his own 
Justice Department lawyers are scheduled to argue in the Supreme Court 
today that marijuana is a dangerous drug that should be outlawed.

The government has filed a report with the court that connects marijuana 
use to driving accidents, upper-airway cancer, psychiatric problems and 
drug addiction, among other things.

"Marijuana is not a benign substance and potentially is more harmful than 
presently known," the Justice Department argues in a written submission.

Meanwhile, Mr. Cauchon is planning to accept a recommendation of a special 
parliamentary committee, which reported yesterday that people caught with 
less than 30 grams of marijuana -- the equivalent of 25 to 30 joints -- 
should be given a fine akin to a parking ticket rather than be saddled with 
a criminal record.

"There's a certain inconsistency in announcing decriminalization and going 
into court and saying this substance is sufficiently harmful to warrant a 
criminal sanction," observed Toronto lawyer Alan Young.

Three marijuana smokers --two from British Columbia and one from Ontario -- 
are challenging the government on constitutional grounds, arguing that 
outlawing marijuana is a violation of their right to life, liberty and 
security of the person.

Mr. Young is representing Christopher Clay, who owned a store in London, 
Ont., called the Great Canadian Hemporium, which sold marijuana 
paraphernalia and plant seeds.

The other two litigants are David Malmo-Levine, a Vancouver activist who 
formed the 1,800-member "Harm Reduction Club" for marijuana smokers, and 
Victor Caine, another British Columbian who was convicted of possession for 
sharing a joint with a friend in his car while parked at a beach near 
Vancouver.

Amid the confusion over the government's position, the court will hold a 
mini-hearing this morning asking lawyers from all sides whether they think 
the case should be postponed.

The concern is that Mr. Cauchon's revelation might have an impact on the 
case and that all sides might therefore need time to reconsider their 
arguments.

"The court is concerned that this development may impact on the appeals 
both in terms of the evidence and the position that may be taken by the 
Attorney General and other parties," court registrar Anne Roland wrote on 
behalf of the judges.

Justice Department lawyers argue that the case should go ahead, regardless 
of their minister's statements.

In a letter to the Supreme Court, they say that the precedent-setting 
appeal, in which three Canadians are seeking the constitutional right to 
get stoned, "transcends" Mr. Cauchon's plans to decriminalize small amounts 
of marijuana.

Under Mr. Cauchon's scheme, smoking marijuana still would remain illegal, 
but the punishment would change.
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