Pubdate: Sun, 21 Dec 2003 Source: Toronto Star (CN ON) Copyright: 2003 The Toronto Star Contact: http://www.thestar.com/ Details: http://www.mapinc.org/media/456 Author: Tonda MacCharles, Ottawa Bureau Link: to the legal documents http://www.cannabislink.ca/legal/index.htm Bookmark: http://www.mapinc.org/people/Paul+Burstein Bookmark: http://www.mapinc.org/people/Alan+Young SUPREME COURT WILL RULE TUESDAY OTTAWA--The country's top court rules Tuesday whether to uphold Parliament's criminal laws against marijuana as constitutional -- regardless of Prime Minister Paul Martin's pledge to strike down criminal penalties for possessing small amounts. "It could give a whole new meaning to mistletoe," quipped Paul Burstein, a lawyer involved in one of three cases the Supreme Court of Canada is to rule on. The court could uphold the country's 80-year-old ban on possession and trafficking as a proper exercise of Parliament's criminal lawmaking power. The three cases involve very different crimes ranging from having a half-smoked joint to selling pot through a "Harm Reduction Club." The defendants involved hope the court will strike down the law and declare it unfair because it criminalizes an action that produces little or no harm. They argued the law is unconstitutional because its potential penalties -- jail and a criminal record -- outweigh the harm caused, and violate the Charter guarantees of liberty, security of the person, and principles of fundamental justice. The court's decision "very much does still matter," said Burstein. "Even though (Martin) said he's going to decriminalize, that doesn't make the ruling moot because the ruling may push the line farther than the government was otherwise willing to go." Last week, two days after the court announced its pending ruling, Martin vowed to carry through with legislation, first proposed under Jean Chretien, to drop criminal penalties against those convicted of possessing small amounts of pot. Burstein says he is "optimistic" the court is on the verge of "something revolutionary." For Burstein, who along with lawyer Alan Young, has long challenged the marijuana law, Tuesday's decision is pivotal. "The ruling is going to draw, if it does anything, the minimal line in the sand. If the ruling says you cannot criminalize this activity because it doesn't produce sufficient harm, then the bill (decriminalizing possession of small amounts) is dead-letter; because 10 grams, 15 grams, 30 grams, in other words until you get to trafficking -- until you're possessing so much that you're likely to be trafficking it, the Constitution says you have no right to be criminalizing." - --- MAP posted-by: Richard Lake