Pubdate: Tue, 23 Dec 2003
Source: Canadian Broadcasting Corporation (Canada Web)
Copyright: 2003 CBC
Note: The decisions:
R. v. Malmo-Levine; R. v. Caine 
http://www.lexum.umontreal.ca/csc-scc/en/rec/html/2003scc074.wpd.html
R. v. Clay 
http://www.lexum.umontreal.ca/csc-scc/en/rec/html/2003scc075.wpd.html
Bookmark: http://www.mapinc.org/people/David+Malmo+Levine
Bookmark: http://www.mapinc.org/people/Chris+Clay
Bookmark: http://www.mapinc.org/people/Victor+Caine
Bookmark: http://www.mapinc.org/people/Philippe+Lucas

SUPREME COURT UPHOLDS MARIJUANA LAW

OTTAWA - The Supreme Court of Canada has ruled that possession of
marijuana will remain a criminal offence until the government decides
to change the law.

The highest court has rejected the appeal of three B.C. men who argued
it is unconstitutional to use the law to punish a harmless activity.

The court ruled 6-3 that making marijuana possession a criminal
offence does not violate Charter of Rights guarantees of liberty and
security of person.

Lawyers for the three B.C. marijuana users - David
Malmo-Levine, Chris Clay and Victor Caine - had argued that the
government has no right to tell people what they can put in their bodies.

Malmo-Levine is a Vancouver marijuana activist has fought for 10 years
to legalize marijuana.

He arrived at the court in May, admitting to reporters that he had
taken a few tokes of the drug before making his argument to the court.

However, the top court rejected his argument and agreed with lawyers
for the federal government who maintained that the law should be
upheld and that Parliament should set drug policy for the country.

They challenged the assertion that the effects of marijuana are benign
- - with a report that connects use to a number of problems including
driving accidents, psychiatric disorders and drug addiction.

Prime Minister Paul Martin said last week that the government will
reintroduce a marijuana bill that died in November when Parliament was
prorogued. The bill would decriminalize the activity, which means
people caught with small amounts would face fines rather than prison.

A Victoria medical marijuana advocate says the Supreme Court made the
wrong decision, and says Tuesday's ruling won't make society any safer.

It's a great early Christmas present for the black market and for the
criminal gangs involved in cannabis distribution because this
guarantees their lock on profits for the holidays, " says Philippe
Lucas of the Vancouver Island Compassion Society.

Lucas says possession of small amounts of pot is bound to become a
major issue in the next federal election. 
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MAP posted-by: Richard Lake