Pubdate: Tue, 18 Apr 2017
Source: Record, The (Kitchener, CN ON)
Copyright: 2017 Metroland Media Group Ltd.
Contact:  http://www.therecord.com/
Details: http://www.mapinc.org/media/225
Author: Jim Bronskill
Page: A3

POT CONVICTION AMNESTY A NO-GO

OTTAWA - The federal plan to legalize recreational marijuana does not
include the general amnesty for past pot convictions some would like
to see, says Public Safety Minister Ralph Goodale.

Newly tabled legislation would allow people 18 and older to publicly
possess up to 30 grams of dried cannabis, or its equivalent in
non-dried form.

But the Trudeau government is not considering a blanket pardon for
people with criminal records for possessing small amounts of the drug,
Goodale said in an interview. "That's not an item that's on the agenda
at the moment."

The government has also made it clear the move to legalization by
mid-2018 doesn't mean lax law enforcement during the transition period.

"It is important to note that, as the bill moves through the
legislative process, existing laws prohibiting possession and use of
cannabis remain in place, and they need to be respected," Goodale told
a news conference last Thursday.

"This must be an orderly transition. It is not a free-for-all."

The NDP wants the government to immediately decriminalize simple
possession, calling it a logical first step that would prevent young
people from being burdened with criminal records for the rest of their
lives.

The C.D. Howe Institute, a prominent think-tank, has recommended the
government consider pardoning people convicted of pot possession - and
drop any outstanding charges - to free up much-needed resources for
legalization.

Legalization could initially result in an increase in consumption and
a need for more police monitoring and enforcement, prompting more
government spending, the institute said last year in a policy paper.
"This discussion suggests that dropping charges against individuals
for illegal possession who have no other Criminal Code convictions or
charges, would save considerable government resources without other
significant offsetting adverse spillovers," it said. "Similarly, the
federal government should consider pardoning individuals who have been
convicted for illegal possession but have not been convicted or
charged for any other Criminal Code offence."

A pardon doesn't erase a criminal record. But it can make it easier
for someone to find work, travel and generally contribute to society.

Goodale noted there is already a formal process to have a criminal
record set aside.

Those convicted of simple possession of up to 30 grams of marijuana
are eligible to apply for a pardon, now known as a record suspension,
five years after their sentence is completed.

The Liberal government is reviewing Conservative changes that made
people wait longer and pay more to obtain a record suspension. Goodale
said "there's no specific consideration" of difficulties in obtaining
pardons for marijuana convictions.

"But the law does exist where people can make an application and have
their case considered," he said.

An internal Public Safety Canada briefing note, released last year
under the Access to Information Act, said the issue of record
suspensions would be "important to consider during the marijuana
legalization discussions."
- ---
MAP posted-by: Matt