cannabisnews.com: Canada a Leaky Sieve in Drug War Canada a Leaky Sieve in Drug War Posted by FoM on September 04, 2000 at 07:18:08 PT By Jennifer Campbell, The Ottawa Citizen Source: Ottawa Citizen The U.S. claims that Canadian court decisions favouring medicinal marijuana undermine efforts to quell the continent-wide drug trade, writes Jennifer Campbell.Canada is angering advocates of the United States government's anti-drug war with its more tolerant policies on the use of marijuana for medicinal purposes and its lighter handling of drug possession convictions. While the Clinton administration is going full-steam with its zero-tolerance policy on drug use, Canadian courts have ruled in favour of those who use marijuana for medicinal purposes. And although Health Canada keeps a tight grip on who is allowed to use the drug, the U.S. government sees these cases, as well as more lax court decisions on drug possession, as undermining the co-operation between the neighbouring countries in quelling the growing drug trade across the continent. "While the RCMP has mounted effective policing against narcotics and other criminal organizations, the impact of these efforts have been undermined in numerous cases by court decisions," reads a March 2000 U.S. State Department report on drugs in Canada. "Canadian courts have been reluctant to impose tough prison sentences, often opting for fines, reflecting a widespread view that drugs are a 'victimless' crime, or simply a health issue, not a criminal or public safety concern." British Columbia's top provincial judge was quick to respond to the report. Justice Robert Metzger, chief judge of the B.C. provincial court, said the United States has more drug problems than any other country he was aware of, despite its tough laws, and that it had no business commenting on the Canadian approach. "I want to say to them 'Don't talk to me about how to get rid of a drug problem,' " Judge Metzger told the Vancouver Sun. "'You hand out long sentences and your jails are full of people, but your problem isn't going away.'" On the pro side of the medicinal marijuana argument, American advocates are cheering Canadian judges, particularly those in the Ontario Court of Appeal, who recently cancelled the conviction of Torontonian Terry Parker, who cultivated and smoked the drug to control his epileptic seizures. The Ontario judges rejected the Crown's position that allowing Mr. Parker access to marijuana would contravene international treaties that Canada has signed pledging to address the drug problem. It was a losing argument, admits Dann Michols, assistant deputy minister for Health Canada. Mr. Michols said his American counterparts have been following the Canadian situation "with some concern." But he stands by his government's response, although it's only now undertaking clinical trials to gather scientific proof that marijuana is a good medicine. "I don't believe it's wise to ignore the idea of marijuana as a medicine," he said. "I don't think the American course is the right course, because it's not the course Canada took, and I have to believe ours was right." Mr. Michols said Health Canada's next hurdle is to adapt legislation to fit the decision in the Parker case, which, using the Canadian Charter of Rights and Freedoms, struck down the existing law that makes marijuana possession a crime. The ruling has been suspended for a year to give Parliament time to change the legislation. Using the Ontario decision as an example didn't work for California lawyers -- they lost their case defending a group of doctors who prescribe marijuana for AIDS patients. The U.S. Supreme Court was acting on an emergency request from the Clinton administration and voted 7-1 to stop the operation of an Oakland cannabis club. Questions remain, however, since California's ground-breaking law -- Proposition 215, which allows the use and distribution of marijuana for medicinal purposes -- is before a federal appeals court. Several other U.S. states have laws similar to California's. Officials from the U.S. Justice Department and the Drug Enforcement Administration refused to comment on whether the Canadian situation poses a threat. "We do not have a comment on that," said one Justice Department official, who refused to be named. "We wouldn't comment on a domestic Canadian case." She did say department officials were keeping an eye on the situation, "like we would keep an eye on anything." But those on the pro-marijuana side say the U.S. is obviously not impressed with Canada. "I think it's quite clear that there have been some grumblings coming from the United States that we're not doing our bit in the war against drugs, that we've become a leaky sieve," said Eugene Oscapella, a founding member of the Canadian Foundation for Drug Policy. Dan Abrahamson, director of legal affairs for the Lindesmith Center, a research institute that supports liberalized drug policy and funds legal cases around the world, including the Terrance Parker case, agreed. "They're on a real rampage against the use of marijuana for medicinal purposes," he said. "They asked the Supreme Court to stay a decision by the federal court. That's how rabid they are about this. Attorneys for the government have been instructed to appeal as high as they can to make sure medical marijuana doesn't gain a foothold anywhere in the United States, in any way, shape or form. "Whether they are irked about the decision in Canada, I don't know for sure. But all indications from behaviour in the past would be that they're not happy about it." Published: Monday September 4, 2000Source: Ottawa Citizen (CN ON)Copyright: 2000 The Ottawa CitizenContact: letters thecitizen.southam.ca Address: 1101 Baxter Rd.,Ottawa, Ontario, K2C 3M4Fax: 613-596-8522Website: http://www.ottawacitizen.com/Related Articles:Supreme Court on Medical Marijuana http://cannabisnews.com/news/thread6906.shtmlOfficial Reefer Madnesshttp://cannabisnews.com/news/thread6894.shtmlFeds' Needless Pot War http://cannabisnews.com/news/thread6889.shtmlOntario Court Says Law Against MJ Unconstitutionalhttp://cannabisnews.com/news/thread6576.shtmlCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #9 posted by Ben F on July 17, 2001 at 08:27:16 PT Oh Canabis, I mean Canada It's about time we stand up and declare independence from such a powerful yet disfunctional government. I'm afraid with all the conspiracies and cover ups that go on, the USA is on the fast track to dictatorship or at least it's heading the opposite direction of the founding fathers. What ever happened to give me liberaty or give me death? And we all know George Washington was growing hemp if not cannabis. It's about time you US citzens start questioning your leaders and your voting process, make sure your vote counts.As for Canada, we've got a ways to go, but I'm not stopping until we get there. The main drive for me is that libral views on marijuana and a strong hemp industry would make us completely independant from big brother down south, where some even think that Canada's a US state, true story happened to good friend of mine.Over grow the government, through a few seeds in your local park. [ Post Comment ] Comment #8 posted by MikeEEEEE on September 04, 2000 at 16:57:41 PT Canadian Friends We should thank our Canadian friends for flipping the bird at the evil pigs.THANKS!!! [ Post Comment ] Comment #7 posted by kaptinemo on September 04, 2000 at 14:37:01 PT: Amazing, isn't it? Since the fall of the Communist Bloc, nations that had been under fascism's bloody jackboots are struggling like growing seeds. They have been trying to break through years of horrors like layers of dirt, trying to reach the light. Democratic governments popping up everywhere. The people asserting themselves again.You'd think Uncle would be smiling. Instead, he's snarling. Because his own people and the people of his allies now are demanding the same thing. And it burns. It really rankles. The people in California, Arizona, Maine, Washington state, Oregon, etc. have voted for medicinal cannabis. And what does the Federal government do? Exactly the same thing it accused dictatorships of doing: denying the will of the people. It has even murdered in it's insane quest to deny us our rights. Rather like what the Klansmen in the Deep South did to the Blacks to keep them from registering to vote. How's that for a switch? You get to vote, all right, but like a Communist election, it's an exercise in futility; the government will not accede to the demands of its' electorate. The government knows what's best for you (pats electorate on the head). Now shoo; the big people have some serious work to do.But like a rock thrown in a pond, the waves from the splash have reached the shore and are doubling back to where they started. The US has to now live up to the tenets of its own government, when for years it had excused Cold War excesses committed to defend the struggle for liberty in foreign countries. Now, its' own people are demanding liberty; now Uncle has to either put up or shut up.Or face what other governments have faced when they tried the same thing. [ Post Comment ] Comment #6 posted by hempity on September 04, 2000 at 14:12:24 PT Canada stands up You can find the document here: http://canada.justice.gc.ca/Loireg/charte/const_en.html#garantiesigned in '82If i have to love just a country, i am glad it is Canada whose name means "village", up here drivers will stop on a busy street to let a person cross, even in the largest of citys.We will not go the way of the states, I think on things of importance the past will show you, we will stand.I am involved with people doing clinical trials, the gov has already approved our outline, now it is up to the scientist and doctors, oh yea and the growers(heh heh).Believe me I am as proud of Canada as I was during Vietnam, when 20,000 people a day crossed the border looking for refuge, Canada did not turn them away, and most of them turned out to be good folks who just needed a peaceful place to live. We may be hicks, but we are hicks ruled by compassion, I for one will have it no other way.FREE RENEEMitaoyate [ Post Comment ] Comment #5 posted by Frank on September 04, 2000 at 13:00:36 PT Canada Give Washington the Finger Three cheers for Canada and its Charter of Freedom. The Canadians are tired of American interference in their domestic policies. It’s time the Canadian People raised their middle finger to the Evil Empire to the south of them. [ Post Comment ] Comment #4 posted by MikeEEEEE on September 04, 2000 at 10:22:21 PT Grumblings I expected the US to grumble, usually the losing side does that. [ Post Comment ] Comment #3 posted by Ed C. on September 04, 2000 at 09:17:57 PT: Canada's court decisions Keep up the good work, Canada. United States drug policy is misguided, counterproductive, and just plain dumb. [ Post Comment ] Comment #2 posted by Frank S. World on September 04, 2000 at 08:45:31 PT Canada, Hold firm against the Evil Empire! Despite the pressure on Canada from the US, it's bully-boy evil empire neighbor to the south, I hope they hoid firm. Canada is giving hope to the hopeless here in DEAland that someday we will once again be governed with compassion and justice, not constitution-busting cruelty and violence against our people by our government. [ Post Comment ] Comment #1 posted by Puritan on September 04, 2000 at 08:07:00 PT Hurrah for Canada While not familar with Canada's "Charter for Rights and Freedoms", from all outward appearances it is something the USA is certainly missing. And, yes, drugs are a Sometimes the truth does win! [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: