Pubdate: Fri, 26 Feb 2016
Source: Recorder & Times, The (CN ON)
Copyright: 2016 Recorder and Times
Contact: http://www.recorder.ca/letters
Website: http://www.recorder.ca/
Details: http://www.mapinc.org/media/2216
Author: Ronald Zajac
Page: A1

POT PROBLEMS POINTED OUT

Brockville police chief warns of 'putting the cart before the horse'
with legalization

The Liberal federal government needs to ensure all is in place to
prosecute crimes relating to marijuana abuse, such as drug-impaired
driving, before legalizing the drug, Brockville police chief Scott
Fraser said Thursday.

Echoing the concerns of other Canadian police chiefs, Fraser said
police forces now have only limited ability to enforce laws against
driving while impaired by marijuana.

"With the legalization issue, it's like putting the cart before the
horse," Fraser told the police services board.

The chief also expressed confidence the Liberal government's point man
on pot legalization, former Toronto police chief and MP Bill Blair, is
aware of such challenges.

Prime Minister Justin Trudeau has vowed to legalize marijuana during
his party 's current four-year mandate.

Blair earlier this week said there will be no stop to prosecutions for
minor marijuana offences, but the government will likely consider
future amnesty for hundreds of thousands of Canadians already saddled
with criminal records for simple possession.

At Thursday 's police board meeting, city council representative Tom
Blanchard, sought clarification on the city police force's approach to
simple possession.

"Possessing marijuana is against the law and we will enforce the law,"
said Fraser.

However, he said officers take the degree of the offence into
consideration and deal with each case on its own merits.

Simple possession charges in other jurisdictions aren't making it to
prosecution in the courts, noted Fraser.

If city officers catch someone with a small amount of marijuana and no
aggravating circumstances, the offender will often be sent on his or
her way after the marijuana is confiscated for destruction, said the
chief.

There is currently no provision in the law to issue a fine in such
cases, he added.

If an officer seizes enough of the substance to suspect trafficking,
however, charges will result, he said.

Of greater concern to police is how to handle the inevitable rise in
impaired driving related to marijuana after pot is legalized.

There is no equivalent of the breathalyzer for marijuana, said Fraser,
and obtaining a blood sample in such a case requires a warrant.

In jurisdictions such as Colorado, where marijuana is now legal,
police are employing drug recognition experts, said Fraser.

Meanwhile, an officer smelling pot on a driver's breath may not be
sufficient evidence for a conviction, added the chief.

"If they were to legalize it, it's going to be a big step to prosecute
it."

However, Fraser is reassured that, with a former police chief at the
helm of the legalization effort, the government will roll out the
changes safely.

"I have pretty good confidence that they 're looking at everything,"
he said.

Blair offered no details this week on when the government expects to
introduce a legalization bill in Parliament. He repeated government
statements that a federal-provincial-territorial task force will be
announced "in the coming weeks" to consult experts and others on a
framework for the proposed legislation, which is expected to contain
strict provisions to regulate and tax the drug.

Among the concerns the Canadian Association of Chiefs of Police wants
addressed is legal clarification about what level of marijuana
impairment constitutes the crime of driving under the influence,
improved roadside machines for measuring suspected impairment and
training for front-line officers.

- - With files from Postmedia Network.
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MAP posted-by: Matt