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. 
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