cannabisnews.com: Federal Government Defends Marijuana Laws 










  Federal Government Defends Marijuana Laws 

Posted by CN Staff on May 06, 2003 at 06:56:23 PT
By Janice Tibbetts, The Ottawa Citizen  
Source: Ottawa Citizen  

Despite federal plans to decriminalize marijuana possession, government lawyers will try to persuade the Supreme Court of Canada today that marijuana is a harmful drug that impairs motor skills and increases the risk of accidents.The Justice Department is challenging three men -- two from British Columbia and one from Ontario -- who contend that outlawing marijuana smoking violates their constitutional right to life, liberty and security of the person.
"All three appellants seek to elevate a recreational pursuit to a constitutional right," says a written submission from federal lawyer David Frankel. "There is no free-standing right to get stoned."At the same time Mr. Frankel is defending the federal law, his political bosses say they will soon change it. This spring, Justice Minister Martin Cauchon is expected to introduce legislation that would decriminalize simple possession, so that people caught with less than 30 grams of marijuana -- the equivalent of about 25 cigarettes -- would be punished with a fine rather than a criminal record.The Supreme Court served notice last week to the lawyers in the case that the hearing would go ahead, despite the plan to change the law. The court had postponed the same case late last year on grounds that Mr. Cauchon was promising decriminalization as he was instructing his lawyers to fight marijuana smoking in court.Mr. Cauchon says it is the government's duty to uphold the law as it now stands."We will see what will take place in the future with regard to policy, but at the time being, we have a valid piece of legislation that we have to enforce and we'll do it."Mr. Frankel has said that the case should proceed because there is no guarantee the government will change the law, and even if it does, it would not affect the three cases in question.The litigants are David-Malmo Levine, a Vancouver activist who formed the 1,800-member Harm Reduction Club for marijuana smokers; Victor Caine, another British Columbian convicted of possession for sharing a joint with his friend in a car while parked at a beach near Vancouver; and Christopher Clay, who owned a store in London, Ont., called the Great Canadian Hemporium, which sold marijuana and plant seeds.Note: Janice Tibbetts, with files from Shannon Kari. Complete Title: Federal Government Defends Marijuana Laws Before Top CourtSource: Ottawa Citizen (CN ON)Author:  Janice Tibbetts, The Ottawa Citizen Published: Tuesday, May 06, 2003Copyright: 2003 The Ottawa CitizenContact: letters thecitizen.southam.caWebsite: http://www.canada.com/ottawa/ottawacitizen/ Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmSupreme Court Pot Case Goes Aheadhttp://cannabisnews.com/news/thread16192.shtmlActivist Wants Pot Legalized, Not Decriminalized http://cannabisnews.com/news/thread16188.shtmlSupreme Court Will Hear Marijuana-Law Challenge http://cannabisnews.com/news/thread16129.shtml

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Comment #1 posted by greenfox on May 06, 2003 at 07:39:30 PT
More Bushy-like propoganda CRAP!
"Despite federal plans to decriminalize marijuana possession, government lawyers will try to persuade the Supreme Court of Canada today that marijuana is a harmful drug that impairs motor skills and increases the risk of accidents."Okay...... so why not have laws like with OTHER intoxicants, (you know like ALCOHOL which kills THOUSANDS of people a DAY but is still perfectly legal,) and have people....oh... i don't know.... like...... have people do something silly like.....well...i dunno...um... NOT DRIVE WHILE HIGH???!? Oh wait. That's logic. WE can't have logic in a DEAth loving society.... only madness.You'd wonder if the DEA and its cronies trip on lsd. Things are so crazy, you would wonder....sig,fik...-gf
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