Pubdate: Wed, 24 Dec 2003 Source: Winnipeg Free Press (CN MB) Copyright: 2003 Winnipeg Free Press Contact: http://www.winnipegfreepress.com/ Details: http://www.mapinc.org/media/502 Author: Sue Bailey, Canadian Press SMOKING POT NOT A RIGHT: TOP COURT Judges Uphold Marijuana Ban OTTAWA -- There is no free-standing right to get stoned, Canada's top court ruled yesterday. Tokers hoping for relaxed marijuana laws instead got a lump of coal as the Supreme Court of Canada upheld 6-3 a federal law banning possession of small amounts of pot. "I'm bummed out, man," said David Malmo-Levine, a self-styled pot freedom crusader in Vancouver. "I was dreaming of a green Christmas but they grinched out on us. "Their hearts are two sizes too small." Malmo-Levine, 32, and two other men failed to convince a majority of the top judges that pot penalties are out of whack with constitutional guarantees of fundamental justice. The ban on possessing even tiny amounts does not violate the Charter of Rights and Freedoms, said the court of last resort. It's up to Parliament to decriminalize the drug, says the 82-page ruling -- something Prime Minister Paul Martin has signalled could happen with a bill to be reintroduced next year. Ottawa should act with caution, said Tony Cannavino, president of the Canadian Professional Police Association. The group represents 54,000 rank-and-file members. A national strategy to deter drug use is needed first, he stressed. Yesterday's ruling simply clears the way for the government's plans, said Mario Lague, a spokesman for the prime minister. Dissenting justices Louise Arbour, Louis LeBel and Marie Deschamps said a law that threatens casual pot users with potential jail time is like killing flies with a sledgehammer. Charter guarantees of fundamental justice are undercut by a law that can convict people "whose conduct causes little or no reasoned risk of harm to others," wrote Arbour. The high-court majority, however, said Parliament acted to limit pot use out of a valid state interest in stemming related harms that are not "insignificant or trivial". The federal government filed a report to the court linking pot use with car crashes, respiratory cancer, addiction and other hazards. Geoff Hughes, a Winnipeg activist and co-founder of the Manitoba Compassion Club, which provides marijuana to people with medicinal needs, said the court ruling is a setback. Hughes said he's hopeful Martin will go ahead with plans to decriminalize possession of small amounts of marijuana. However, he said Ottawa needs to take it a step further. Hughes said people should be allowed to either grow their own pot or the government should set up a distribution network. He said that way it would eliminate the criminal element who profit from the sale of the drug. The prime minister says he'll reintroduce a bill, first proposed under Jean Chretien, to wipe out criminal penalties -- including potential jail time and lasting records -- for those caught with small amounts of pot. A summary conviction for simple possession carries a penalty of up to six months in jail, a $1,000 fine or both for a first offence. Those convicted of a more serious indictable offence, which is rare, face up to seven years in prison. The bill did not legalize the drug, and maintained or increased already-stiff penalties for large-scale growers and traffickers. The legislation made possession of less than 15 grams of pot a minor offence punishable by fines of $100 to $400, much like traffic tickets. Critics said 15 grams is too much to equate with casual use. They also questioned how police, with no equivalent of an alcohol breath test, would assess those who drive while high. - --- MAP posted-by: Richard Lake