Pubdate: Fri, 02 May 2003 Source: Globe and Mail (Canada) Copyright: 2003, The Globe and Mail Company Contact: http://www.globeandmail.ca/ Details: http://www.mapinc.org/media/168 Author: Randy White Note: Randy White is Canadian Alliance critic for the Solicitor-General. CANADA'S MARIJUANA CONTROL IS GOING UP IN SMOKE On Tuesday, the Supreme Court of Canada is expected to rule on a long-awaited challenge to marijuana-possession laws. Recently, marijuana-possession charges in cases involving 30 grams or less have been thrown out of provincial courts in Ontario, Prince Edward Island and Nova Scotia. Judges in other provinces are expected to follow suit because Justice Minister Martin Cauchon has refused to clarify Canada's marijuana laws. How did we get to this point? Almost two years ago, an Ontario Court of Appeal ruled that Terry Parker, an epileptic who uses marijuana to ease his symptoms, had the right to possess less than 30 grams of pot. This ruling created a loophole, effectively invalidating Canada's drug laws. The judge gave Ottawa 12 months to rewrite the law defining Canada's position. A year later, the government brought forward the Medical Marijuana Access Regulations, but not a new marijuana law. Ottawa said it would bring in new legislation in April, 2003. That got moved to June. It's possible the legislation would not pass until this fall. Meanwhile, in criminal possession proceedings, the decriminalization bar is being moved lower with each ruling. Rulings regarding the rights of medical marijuana users have brought into question the constitutionality of our pot laws. And so lawyers for other cannabis users have successfully used those medical victories to argue against possession charges for their clients. Judges are forced to make laws, as the issue of marijuana decriminalization slips further from Parliament's grasp. Canada's inability to control the marijuana issue alarms the Americans. President George W. Bush has spoken of his concerns about "Canada being a source of high-potency marijuana." Some estimates say Canada ships $10-billion (U.S.) worth of the stuff south annually. Meanwhile, hundreds of U.S. "reefer refugees" come north, attracted by our lax laws. Marijuana decriminalization is a serious issue. The Liberals have dealt with it poorly and show no signs of improvement. We in the Canadian Alliance offer some recommendations. First, summary convictions or fines should apply to possession of five grams or less. Anyone caught with a couple of joints in their possession should not be saddled with a criminal record. But 30 grams is greater than most would accept for personal use. Under all circumstances, growing and trafficking marijuana should remain criminal offences. Second, the provincial governments and the legal community must deal in a consistent manner with criminal offences over the decriminalized amount. We must not allow the courts to keep moving the bar for amounts that are just a little over the limit, opening the door to de facto legalization. Third, a progressive fine schedule must be put in place, with specific monetary fines for each conviction, working up to a criminal charge at some point. We must determine the consequences for non-payment of fines, with fine revenues directed back into the communities from which they are collected. Fourth, a national advertising program on the consequences of marijuana use should be directed to our schools to warn youth of the dangers of drug use. We must also develop drug driving laws and effective roadside assessment, enforced by police. We must enter discussions with the United States to address and remove cross-border concerns. It's time for Parliament to bring our marijuana laws back into the House of Commons, instead of having legislation created in the courtrooms of the nation. The Justice Minister should act before May 6. He cannot continue to cast a blind eye to a situation that has clearly gone beyond his control. Randy White is Canadian Alliance critic for the Solicitor-General. - --- MAP posted-by: Beth