Pubdate: Sun, 27 Apr 2003
Source: Calgary Sun, The (CN AB)
Copyright: 2003 The Calgary Sun
Contact:  http://www.fyicalgary.com/calsun.shtml
Details: http://www.mapinc.org/media/67
Author: Bill Rodgers, Ottawa Bureau Chief
Bookmarks: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
http://www.mapinc.org/people/Martin+Cauchon (Justice Minister Martin Cauchon)

NEW LAW JUST THE TICKET

OTTAWA -- One day, in the not too distant future, a cop could spot a
teenager smoking a joint and, instead of issuing the young adult a
summons to appear in court, the offender will receive a ticket.

As with any traffic or parking ticket, the choice will be to plead
guilty and pay a fine within 30 days or take a chance with the cop and
the courts.

Whatever way is chosen, there will be a record of the offence but the
accused will not face a criminal record that could haunt him or her
for years to come.

That is what federal Justice Minister Martin Cauchon foresees when he
talks about decriminalizing simple possession, for personal use, of
the evil weed.

It shows how far Canadian society has come in just a few short
years.

Cauchon wants to have his legislation before the House of Commons
before it recesses for the summer.

"I'd like to" he told Sun Media in an interview, adding, "We're trying
to move ahead as quickly as we can."

More than 30,000 Canadians are charged under the Criminal Code every
year for simple possession of marijuana. Conviction can mean up to six
months in jail and a maximum fine of $1,000.

The problem, Cauchon says, is the law is not enforced consistently
across the country.

"There's a special regime in place now -- from zero to 30 grams -- and
what I'm saying is when you have a (law) that you don't apply in a
meaningful (way) across Canada, and (it doesn't) reflect where you are
as a society, I believe it's time to look at it," said Cauchon.

In a speech in Toronto last month, Cauchon called the law a "blunt
instrument" that is only effective if it is applied equally from coast
to coast. But the justice minister said that is no longer the case in
Canada.

"Children ... may not be charged if they are caught in Toronto, but
kids in small towns ... are being charged for exactly the same
behaviour" and are "ending up with a criminal conviction."

Cauchon believes that moving away from selective enforcement to
issuing tickets to offenders would actually result in more enforcement
of the possession offence, noting that has been the experience in Australia.

A Commons committee has recommended that Canadians caught with less
than 30 grams of pot -- about enough to fill a sandwich bag -- be
issued a ticket and a fine.

A Senate committee, however, went much further, recommending outright
legalization of cannabis for anybody 16 and over. That would make
Canada one of the most cannabis-friendly nations in the world.

The justice minister has rejected that idea, telling Sun Media that
making grass a controlled but legal substance "is not the message that
we want to send as a society and as a government. The use of marijuana
is harmful to our population and we're not talking about changing the
law, we're talking about being more effective and more efficient" in
enforcing the law.

The vast majority of Canadians seem to agree with Cauchon's approach.
A SES/Sun Media poll last February showed 69% of Canadians favoured
the decriminalization of possession of small amounts of marijuana.

Support was strong in all regions of the country and among all age
groups.

"My belief is that people understand now that we're not talking about
legalizing. We're talking about decriminalization," said Cauchon.

It's an important distinction and one the minister hopes will be
understood by the U.S., which has some of the toughest drug laws
anywhere. But even there, Cauchon says, some state governors are
taking a more liberal view of small amounts of pot.

"There are over 10 states actually that are dealing with the question
of simple possession for personal use of marijuana in different ways,"
he said.

Cauchon still has some hurdles to jump, which is why introduction of
legislation on the issue has been delayed. The justice minister
confidently predicted to reporters late last year that he would have a
bill before the House by the end of March. Now, there is no certainty
it will happen before Parliament's summer recess. 
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MAP posted-by: Richard Lake