Pubdate: Wed, 14 Jan 2004 Source: Goderich Signal-Star (CN ON) Copyright: 2004 Goderich Signal-Star Contact: http://www.goderichsignalstar.com/ Details: http://www.mapinc.org/media/1735 Author: Michael J. Dee COURT RULING IGNORES THOUSANDS IN PRISON FOR MARIJUANA VIOLATION Dear Editor: In last week's editorial (Court ruling on drugs good news, Jan. 7) you wrote that "the court ruled 6-3 that making marijuana possession a criminal offence does not violate Charter of Rights guarantees of liberty and security of person." You continued by saying "following the decision, Martin said the government would reintroduce a marijuana bill that died in November when Parliament was prorogued. The bill would decriminalize the activity, which means people caught with small amounts would face fines rather than prison. "Here's hoping the government gets their act together quickly and realizes the far-reaching affects that any move towards decriminalization will have in this country." What you failed to understand is that the majority of the court dismissed the threat to deprivation of liberty in the penalty phase because there is no mandatory minimum. It does not matter that the threat of imprisonment is used to make people comply with the marijuana laws. The majority of the Canadian Supreme Court wrote, "As, in our view, the appellants have not established an infringement of rights there is no need to call on the government for a justification." This is because judges do to not sentence people to jail convicted for simple possession, but what about traffickers? I believe the majority of the court narrowed its focus to the appellants. They ignored the fact that thousands of Canadian have been in prison for violating the marijuana laws. Thousands who could be knocking on the court doors for relief. The court is saying the only time you can claim injury to "deprivation of liberty," is after you have been sentenced to prison. And then the Court says it is a section 12 issue, which does not question the constitutionality of the law itself, that put you in prison. The right to liberty means more than freedom from arrest. In my opinion the penalty phase is not where deprivation of liberty begins in the criminal justice system. Does making it illegal to possess marijuana deprive you the liberty, the freedom of choice to acquire and possess this property infringe on rights? Is there a need to call on the government for a justification? Does being arrested and hauled off to jail for violating the marijuana laws infringed on deprivation of liberty? Is there a need to call on the government for a justification? Does receiving a summons, an order to appear in court, by police power, to face charges, infringe on a person's rights? Is there a need to call on the government for a justification? Does the unreasonable seizure of person and property ie marijuana, infringe upon the Charter? "Everyone has the right to be secure against unreasonable search or seizure." Is there a need to call on the government for a justification? These question were not presented in these court proceedings so the door is not permanently closed. There is a link between judges keeping constitutional questions at bay and to the grow ops spreading across Canada by organized crime. Thank you for your support. Michael J. Dee Windham, Maine - --- MAP posted-by: Larry Seguin