cannabisnews.com: Canada's Marijuana Control is Going Up in Smoke





Canada's Marijuana Control is Going Up in Smoke
Posted by CN Staff on May 02, 2003 at 08:00:14 PT
By Randy White
Source: Globe and Mail 
On Tuesday, the Supreme Court of Canada is expected to rule on a long-awaited challenge to marijuana-possession laws. Recently, marijuana-possession charges in cases involving 30 grams or less have been thrown out of provincial courts in Ontario, Prince Edward Island and Nova Scotia. Judges in other provinces are expected to follow suit because Justice Minister Martin Cauchon has refused to clarify Canada's marijuana laws.How did we get to this point?
Almost two years ago, an Ontario Court of Appeal ruled that Terry Parker, an epileptic who uses marijuana to ease his symptoms, had the right to possess less than 30 grams of pot. This ruling created a loophole, effectively invalidating Canada's drug laws. The judge gave Ottawa 12 months to rewrite the law defining Canada's position. A year later, the government brought forward the Medical Marijuana Access Regulations, but not a new marijuana law. Ottawa said it would bring in new legislation in April, 2003. That got moved to June. It's possible the legislation would not pass until this fall.Meanwhile, in criminal possession proceedings, the decriminalization bar is being moved lower with each ruling. Rulings regarding the rights of medical marijuana users have brought into question the constitutionality of our pot laws. And so lawyers for other cannabis users have successfully used those medical victories to argue against possession charges for their clients. Judges are forced to make laws, as the issue of marijuana decriminalization slips further from Parliament's grasp.Canada's inability to control the marijuana issue alarms the Americans. President George W. Bush has spoken of his concerns about "Canada being a source of high-potency marijuana." Some estimates say Canada ships $10-billion (U.S.) worth of the stuff south annually. Meanwhile, hundreds of U.S. "reefer refugees" come north, attracted by our lax laws.Marijuana decriminalization is a serious issue. The Liberals have dealt with it poorly and show no signs of improvement.We in the Canadian Alliance offer some recommendations.First, summary convictions or fines should apply to possession of five grams or less. Anyone caught with a couple of joints in their possession should not be saddled with a criminal record.But 30 grams is greater than most would accept for personal use. Under all circumstances, growing and trafficking marijuana should remain criminal offences.Second, the provincial governments and the legal community must deal in a consistent manner with criminal offences over the decriminalized amount. We must not allow the courts to keep moving the bar for amounts that are just a little over the limit, opening the door to de facto legalization.Third, a progressive fine schedule must be put in place, with specific monetary fines for each conviction, working up to a criminal charge at some point. We must determine the consequences for non-payment of fines, with fine revenues directed back into the communities from which they are collected.Fourth, a national advertising program on the consequences of marijuana use should be directed to our schools to warn youth of the dangers of drug use.We must also develop drug driving laws and effective roadside assessment, enforced by police. We must enter discussions with the United States to address and remove cross-border concerns.It's time for Parliament to bring our marijuana laws back into the House of Commons, instead of having legislation created in the courtrooms of the nation. The Justice Minister should act before May 6. He cannot continue to cast a blind eye to a situation that has clearly gone beyond his control.Randy White is Canadian Alliance critic for the Solicitor-General. Source: Globe and Mail (Canada)Author: Randy WhitePublished: Friday, May 2, 2003 - Page A19Copyright: 2003 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: http://www.globeandmail.com/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmSupreme Court Will Hear Marijuana-Law Challenge http://cannabisnews.com/news/thread16129.shtmlSupreme Court Halts Pot Appeals http://cannabisnews.com/news/thread14980.shtmlHigh Court Marijuana Case in Limbohttp://cannabisnews.com/news/thread14971.shtml
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Comment #13 posted by lombar on May 02, 2003 at 14:17:05 PT
wolfgang
Wrong and twisted! "When the people fear the government you have tyranny...when the government fears the people you have liberty." 
                --Thomas Jefferson
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Comment #12 posted by druid on May 02, 2003 at 13:59:09 PT
about Decriminalization in Canada
Read what a canadian lawyer said about how the new laws in Canada will effect the policy handing out tickets and stuff.http://www.cannabisnews.com/news/16/thread16129.shtml#9
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Comment #11 posted by floyd on May 02, 2003 at 13:30:09 PT:
WolfgangWylde 
I enjoy everyones posts, and we all have a right to our opinions....but I cant help but notice all you seem to to is complain and be pessimistic. I think Canadian policies will surprise you compared to American. Canada still cares about the rights of its people more than it does catching a criminal.
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Comment #10 posted by HST on May 02, 2003 at 11:06:41 PT
Agreed
decriminalization creates a lot of problems.Half-way legalization helps flush the market, but it makes it more difficult to get. Now not only will an AIDS patient have to get his weed from Johnny Cokedealer but he'll have to pay more because Johnny Cokedealer is going to get his balls busted if he's caught.Canada's possible failure is going to be a US War On Drugs tactic in a few years.
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Comment #9 posted by FoM on May 02, 2003 at 11:00:35 PT
Wolfgang
I totally agree with you but I don't think it will stop with decriminalization. I have hope that the courts next week will make a big difference! You don't want to be like us here in the states. Being afraid of your own government seems so wrong.
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Comment #8 posted by WolfgangWylde on May 02, 2003 at 10:45:17 PT
I don't want to rain on anybody's parade...
...but when this new "decriminalization" occurs, in its currently proposed form, Canada will be more like the U.S. then ever.More enforcement, more fines, more jail time. DRASTICALLY increased and DRACONAIN penalties on dealing, smuggling, and especially GROWING. Canada is better off now then it will be after decrim.
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Comment #7 posted by FoM on May 02, 2003 at 10:20:56 PT
Happy Soon To Be Doobie Day
This is cute if you have flash.http://www.mrdoobie.com/doobflash.html
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Comment #6 posted by afterburner on May 02, 2003 at 10:16:26 PT:
This Is the Same Randy White Opposing Steve Kubby
Marijuana Root of Refugee Issue http://www.cannabisnews.com/news/16/thread16064.shtmlConsider the context and decide for yourself if this prohibitionist represents Canada's future and if his proposals would reduce the law enforcement burden.ego transcendence follows ego destruction, and suddenly there is no question.
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Comment #5 posted by FoM on May 02, 2003 at 10:13:49 PT
Doobinie a Doobie Day! LOL!
http://www.mrdoobie.com/mrdoobietoon.GIFhttp://www.mrdoobie.com/
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Comment #4 posted by Doobinie on May 02, 2003 at 10:06:10 PT
The countdown begins...
Mark May 6th on your calendars, ladies and gentlemen, as it could very well become known as "National Doobie Day" in Canada."It's the final countdown..." - (Europe, circa 1980s)Love and Peace,Doobinie
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Comment #3 posted by afterburner on May 02, 2003 at 10:05:28 PT:
Live Phone Discussion and Poll.
Dominic Cramer of Toronto Hemp Company http://www.torontohemp.com/index.htm was on CityOnline http://toronto.citytv.com/whats_on/shows/content/City_Online.asp just now ending 12:30pm - 1:00pm. He was answering phone calls   416-870-7716 or 1-800-295-5463. There was also a telephone vote in the poll to Decriminalize possession of small amounts of cannabis   416-870-2242 for yes or 416-870-???? for no. [sorry, no, it went too fast]. Voting is closed."CityOnline is full-blown, real-time, interactive television hosted by Ann Rohmer. Viewer-driven talkback TV weekdays at 12:35 p.m. By phone, fax, e-mail or post, your comments count on the news we cover and how we cover it. Reach us via e-mail at cityonline pulse24.com, phone 416-591-7849, fax 416-593-6397 or snail mail at CityOnline, 299 Queen St. W., Toronto, ON M5V 2Z5."Final results:
yes 768 no 442Dominic also mentioned the Million Marijuana March tomorrow on Queen's Park [Ontario Provincial Government] in Toronto http://www.torontohemp.com/index.htm .ego transcendence follows ego destruction, and suddenly there is no question.
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Comment #2 posted by 420toker on May 02, 2003 at 09:21:05 PT
blah
ha all cultivation illegle, how will the sick people get it. Court will still strike it down.
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Comment #1 posted by Sam Adams on May 02, 2003 at 09:04:44 PT
Rah-rah
more checking, more patrols, more keeping track of fines, MORE government, MORE government, MORE government is the answer! Listen to me!
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