Pubdate: Tue, 06 Dec 2005 Source: Compass, The (CN NF) Copyright: 2005 The Compass Contact: http://www.cbncompass.ca/ Details: http://www.mapinc.org/media/3232 Author: Averill Baker Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) Cross Examination THE FISHERIES ACT AND MARIJUANA The federal election is on and each political party is claiming to be different from the others. However, there are some laws that all three political parties agree on in principle. It appears three new laws are bound to be passed after the election, regardless of which political party forms the government. If you are a driver of a car and you take prescription drugs that affect your senses, or if you smoke pot, or if you're tempted to catch a cod illegally, read on. Here's how each political party will deal with you after the election. In the dying moments of parliament, although all parties supported them, three new laws just didn't make the final stages of passage. The Liberals, Conservatives and NDP supported the proposed laws in principle. Last week I had the privilege to discuss and debate the content of the three proposed new laws while attending a Canadian Bar Association meeting in Vancouver in my position as Chair of the Criminal Law Section in this province. You probably have heard about the first of the three - the proposed new law to stop drug driving by people who take prescription drugs, over-the-counter drugs and illegal drugs. The three political parties agree that people who take prescription, over-the-counter, and illegal drugs should be tested at roadside if there is any sign of impairment. How does the new law propose to do that on the side of the road? The police will have to give the driver mandatory physical co-ordination tests. If the driver fails on physical co-ordination, then the driver is asked to pee in a bottle. Among the several physical tests administered on the side of the road is one in which the driver will have to hop on one leg without losing his or her balance. Another is to stand on one foot and touch the toes of the foot you are standing on without losing your balance. If you fail the physical co-ordination tests (that I predict half of us couldn't perform cold sober), then you must pee in a bottle for testing of prescription and non-prescription drugs. If you refuse to do the tests or to pee in the bottle, you will automatically be found guilty of impaired driving. The second bill is to legalize the possession of moderate amounts of marijuana. The third bill is a reinforcement of the Fisheries Act. Apart from requiring Aunt Susie in Nipper's Harbour or Uncle George in Joe Batts Arm to hop on one foot around a car if they are on pain medication, the fines imposed by the other two bills for breaking the law tell us a lot about today's politicians. A person found with a moderate amount of marijuana on his or her person (less than a dozen joints) will face a fine up to a maximum of $100. A fellow caught with an illegally caught cod or some other fish faces a maximum fine of $100,000 and/or up to a year in jail. So, a fellow found on the wharf in Harry's Harbour with some dope in one hand and a cod in the other will surely regret catching that cod. Just imagine a $100-ticket for the dope and a $100,000 fine and a possible year in jail for the cod! It's not that a person would actually get those maximum fines, but it identifies the importance each political party places on each offence. The intent of parliament in passing the law is considered in the fine and the sentence in court. What do these proposed new laws say about our politicians in Ottawa? One conclusion is obvious - while our political parties are against drug-impaired driving, they are surprisingly tolerant of whacky baccy. - ------------------------------------------------------ Averill Baker is a lawyer, whose practice is based in St. John's - --- MAP posted-by: Beth Wehrman