Pubdate: Fri, 12 Jul 2013
Source: Globe and Mail (Canada)
Copyright: 2013 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: James Keller
Cited: Sensible BC: http://www.sensiblebc.ca
Cited: Stop the Violence BC: http://stoptheviolencebc.org/

POT ACTIVIST'S PETITION PLAN CLEARS HURDLE

Hopes of a legalization referendum or legislature vote ride on getting
enough signatures in all 85 ridings

A British Columbia pot activist has received the green light to press
ahead with a petition that, if successful, would force the provincial
government to address the question of marijuana reform and could
eventually see voters casting ballots on the issue.

Dana Larsen is using the province's unique initiative legislation to
propose a law that would effectively decriminalize pot by preventing
police from enforcing simple possession laws.

Elections BC announced Thursday that Mr. Larsen's petition, which
outlines proposed changes to the provincial Police Act, has been
approved, giving Mr. Larsen and his Sensible BC campaign two months to
sign up canvassers and prepare to start collecting signatures on Sept.
9.

To succeed, the campaign must then collect the signatures of 10 per
cent of registered voters in each of the province's 85 ridings by
November. That would either force a vote in the legislature or a
province wide, non-binding referendum.

"We've got a pretty good shot at it, I think, but it's very
challenging," Mr. Larsen said in an interview Wednesday.

"What I am confident about is that if we get on the ballot, we will
win a resounding majority in a referendum. We have incredible public
support for this."

The push for decriminalization has gained steam in B.C., with several
prominent former politicians, including former Liberal
attorney-general Geoff Plant and former NDP premier Ujjal Dosanjh,
calling for the legalization and regulation of marijuana. Their group,
the Stop The Violence B.C. Coalition, has pointed to opinion polls
that suggest a majority of British Columbians agree with them.

But the Liberal government has largely opted to ignore marijuana
reform, pointing out that drug laws are in the federal government's
jurisdiction. During the most-recent provincial election campaign,
Premier Christy Clark ridiculed her NDP opponent for even taking a
position on the issue.

Mr. Larsen's petition, however, could force the Liberals to finally
tell voters where they stand.

While neither the petition nor a potential referendum would be
binding, the process could send the issue to the provincial
legislature for a vote. B.C.'s initiative legislation, which was
successfully used to kill the province's harmonized sales tax two
years ago, allows any voter to bring forward proposed legislation in
the form of a petition.

If a petition collects enough valid signatures, it is then sent to a
legislative committee - which, in this case, would be dominated by the
governing Liberal party.

The committee can either send the petition directly to the legislature
for consideration or ask Elections BC to hold a province wide
referendum, which would require both a majority of voters across the
province to approve the proposal, as well as majorities in two-thirds
of the province's ridings.

Even then, a successful referendum would merely send the proposal back
to the legislature, where it could be amended or voted down.

Mr. Larsen said it would be difficult for the government to ignore the
results of a referendum if a clear majority of voters supported his
proposal.

"The Liberals didn't want to get rid of the (harmonized sales tax),
either, but they went along with the public on that issue after a
referendum," he said.

"It's very challenging for a government to refuse to go along with a
referendum, which is the ultimate voice of the people. It would be
very undemocratic and unpopular."

Justice Minister Suzanne Anton repeated the province's position that
drug laws are within federal jurisdiction and she said the Liberal
government does not have an opinion about whether marijuana should be
decriminalized.

"This is a Canadian federal law, and we don't have any intention of
getting involved in it," she said in an interview.

"If it actually did come forward (with enough signatures on the
petition), then we would have to consider the constitutionality of it.
I can't tell the police what to do. They make their own operational
decisions. It's their obligation to carry out the criminal law."

Neil Boyd, a criminology professor at Simon Fraser University who has
worked with the Sensible BC campaign, acknowledged it's not entirely
clear what would happen if the province ordered police to stop
enforcing marijuana laws, particularly when it comes to the federal
RCMP, which provides much of the municipal policing in B.C.

"The province in B.C. does have power over the administration of
justice, so it would be entirely reasonable for them to say to police
forces that they do not want police forces prosecuting people for
simple possession of cannabis," Mr. Boyd said.

"The specific initiative of amending the Police Act - it's unclear to
me how that would be responded to. Of course, it opens up the door to
a potential showdown with the RCMP and the federal
government."

At the very least, Mr. Boyd said the petition campaign will continue
to drive a public debate that politicians have been eager to avoid.

"The more important issues are raising these questions and asking for
answers," he said.

"No answers have been forthcoming."
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MAP posted-by: Matt