Pubdate: Sun, 27 Apr 2003
Source: Ottawa Sun (CN ON)
Copyright: 2003, Canoe Limited Partnership
Contact:  http://www.fyiottawa.com/ottsun.shtml
Details: http://www.mapinc.org/media/329
Author: Bill Rodgers, Parliamentary Bureau Chief

NEW LAW JUST THE TICKET

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 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.

Simple Possession

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 before it recesses 
for the summer.

"I'd like to," he told the Sun 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 pot. 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.

Cauchon has rejected that idea, telling the Sun 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 enforcement.

The vast majority of Canadians seem to agree with Cauchon's approach. A 
SES/Sun poll in 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.

More Liberal View

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.

Cauchon still has some hurdles to jump, which is why introduction of 
legislation on the issue has been delayed. He 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.

One problem concerns the issue of impairment. Unlike alcohol, there is no 
roadside breathalyzer to test for impaired judgment caused by smoking 
marijuana.

It's a complicated matter, because evidence of the drug can stay in a 
person's bloodstream for up to 20 days, Cauchon said.

Another issue that will have to be confronted is whether there should be an 
amnesty for the thousands who have criminal records for simple possession 
for personal use.

"I don't want to touch that question for the time being," the minister said. 
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MAP posted-by: Beth