Pubdate: Thu, 01 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: Kirk Makin

SUPREME COURT WILL HEAR MARIJUANA-LAW CHALLENGE DESPITE TALK OF CHANGES

Lawyers in a major challenge to the marijuana laws have been told that the 
Supreme Court of Canada will hear the case next week, notwithstanding 
statements by Prime Minister Jean Chretien that have further muddied the issue.

The development rules out a repeat of an 11th-hour adjournment of the test 
case last December.

The appellants want the court to declare the current federal marijuana laws 
unconstitutional because the drug is harmless.

Lawyers for the appellants welcomed the news from the court yesterday, but 
expressed amazement that federal lawyers are going to court to defend the 
law while their political masters are preparing to change it.

"It is pretty clear that this file is a complete mess," lawyer Paul 
Burstein said. "The government doesn't seem to have a plan any more."

But government prosecutor David Frankel said the possibility of 
decriminalizing the possession of small amounts of marijuana -- a move 
endorsed by Mr. Chretien on Monday night -- does not change his legal position.

A valid law would still be required to prosecute anyone possessing a large 
amount of the drug, Mr. Frankel said. The convictions of the three 
appellants will stand if decriminalization takes place, he added, meaning 
the appeal would not be moot.

"Even if the government repealed the marijuana laws today, it wouldn't 
affect these people, unless there were an amnesty," Mr. Frankel said in an 
interview.

The appellants' attack is based on two main grounds: that the government 
must show serious harm to the health of marijuana users before it can 
create a law depriving offenders of their liberty; and that the federal 
government has no jurisdiction to create sanctions involving health issues, 
because health is a provincial responsibility.

On Tuesday, Mr. Chretien echoed previous statements by federal Justice 
Minister Martin Cauchon about changing the law to allow police to issue 
tickets only for those caught with small amounts of marijuana. He said a 
new law was coming before the House of Commons recesses for the summer. Mr. 
Cauchon said yesterday that 100,000 Canadians use cannabis daily. Current 
laws are not effective, given that so many use marijuana, he said.
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