Pubdate: Wed, 24 Dec 2003 Source: Hamilton Spectator (CN ON) Copyright: The Hamilton Spectator 2003 Contact: http://www.hamiltonspectator.com/ Details: http://www.mapinc.org/media/181 Author: Meredith MacLeod TOP COURT RULES MARIJUANA LAW IS CONSTITUTIONAL As marijuana activists vow to keep fighting to make the country a more friendly place to smoke, yesterday's Supreme COurt decision may be just the impetus the federal government needs to quietly drop the political hot potato. The country's highest court ruled 6-3 yesterday that it is constitutional to criminally charge and jail people for possessing small amounts of marijuana. Defence lawyers for three men charged with posession argued criminal penalties for minor drug offences are disproportionate and violate the guarantee of fundamental justice in [The] Charter of Rights and Freedoms. The Supreme Court did not agree. "We conclude that it is within Parliament's legislative jurisdiction to criminalize the posession of marijuana, should it choose to do so," said the judgement. But the court also ruled that it is within Parliament's power to change the law. The Chretien government had a bill that would eliminate criminal penalties for possession of less than 15 grams but still crack down on growers and traffickers. Those caught with small amounts of pot would face fines but no criminal record. The bill died on the order paper, but Prime Minister Paul Martin has said he will re-introduce the legislation. But the momentum to make that change may have burned out, said University of Toronto law professor Kent Roach. "In the months to come it will be very interesting to see whether the proposal to decriminalize goes forward. This ruling only takes away the urgency. If the Supreme Court had decided the other way, it could have told Parliament it had to change the law right away or within six months." Opposition to relaxing Canadian pot laws has come from police, addiction groups, conservative politicians and American legislators. Roach said now that the matter is in the hands of elected politicians, it's up to the Canadian public to decide if criminal sanctions are the best way to deal with the estimated 2 1/2 million recreational pot users in this country. Health Canada on its website says 700 persons are currently allowed to possess marijuana for medical purposes. Alison Myrden says without pot, her multiple sclerosis would be unbearable. "I don't think my friends who give me marijuana because they want to help me should get into trouble for it," said the Burlington woman. The government-sanctioned medicinal marijuana isn't strong enough to be effective for her, she says, leaving her "to beg for my medicine on the street. That's not acceptable." But Myrden sees reason for hope in yesterday's court ruling. "One third if the Supreme Court found the laws unconstitutional. That's a major breakthrough. This is worldwide news." Local police praised the court ruling. "The Supreme Court made the right decision, now it's up to Parliament," said Hamilton Police Chief Brian Mullan. - --- MAP posted-by: Perry Stripling