Pubdate: Tue, 16 Jul 2002
Source: Toronto Star (CN ON)
Copyright: 2002 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Tonda MacCharles, Ottawa Bureau
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

OTTAWA MAY EASE LAWS ON MARIJUANA POSSESSION

Offenders Could Face A Ticket And Fine, Minister Says

OTTAWA -- Canada may follow Britain's lead in decriminalizing marijuana use 
by making simple possession of small amounts of pot a ticketing offence, 
Justice Minister Martin Cauchon said yesterday.

"We're not talking about making it legal. We're talking about the 
possibility of moving ahead with what we call the decriminalization of 
that," said Cauchon.

"It would still be illegal. It wouldn't be criminal, of course; but it 
would still be illegal. (The law would be) easier to apply. You would get a 
contravention (ticket) and you would have to pay something. I guess we 
would be maybe more effective, more efficient in proceeding that way," he 
said in response to reporters' questions after a cabinet committee meeting 
here.

In one of the strongest statements by a minister of this government, 
Cauchon expressed doubts about the effectiveness of the current laws.

He noted the law makes drug possession a crime, and results in a criminal 
record -- sometimes jail -- for convicted persons.

Criminal records can often lead to a person being barred from professional 
certification, or from travel to the U.S.

"Very often the legislation will simply not be applied" depending on where 
you live across Canada, said Cauchon.

Last week, Britain relaxed its laws on cannabis use, making it a 
non-arrestable offence, meaning pot-smokers may be merely issued a police 
warning. But the government said it would re-focus enforcement efforts on 
harder drugs and trafficking.

Before introducing any new legislation, Cauchon said he wants to hear from 
the two committees, a Senate committee and a Commons committee, now looking 
at the status of Canada's cannabis laws.

Any change would require a lengthy period of public consultation 
beforehand, he added.

But already Pierre-Claude Nolin, chair of the Senate committee, has 
criticized the idea of fines as an impractical idea, which puts an unfair 
burden on the poor and young people who are often the subject of charges.

Cauchon said yesterday there are many legislative models to look at other 
than Britain's, but did not go into detail.

"If you look at the system that we have in place, keeping it criminal, it 
seems that it's not very efficient," said Cauchon.

"So maybe we can find a way to keep it illegal and be more constructive, 
more efficient, more effective as well. And find a way with programs to 
help those people that are using such a substance."

He said any legislative changes would not mean abandoning the fight against 
drug trafficking, adding distribution networks are "highly criminal, as we 
all know."

"We want to keep fighting that, keep making sure that we will protect our 
society from those organized crime groups," he said.

Cauchon said he has not yet presented any proposal to cabinet, but has had 
informal talks with people on the law enforcement side and those who work 
with young offenders.

"I guess the Canadian population is behind us when we're talking about 
keeping it illegal. That's the aim and goal. The aim and goal as well is 
making sure that we will be more efficient, more effective."

Several of Cauchon's cabinet colleagues seemed open to the proposal, but 
Solicitor-General Lawrence MacAulay, responsible for law enforcement in the 
country, was doubtful.

"Drugs are a very serious problem in this country and what we have to do is 
do what's right and make sure we have the proper rules and laws in place."

Fisheries Minister Robert Thibault, who is responsible for the Coast Guard, 
which patrols East and West Coast waters for illicit drug shipments, said: 
"I think it's the way of the world and what's been happening."

He said he could see the pros and cons, but "you don't want to in any way 
encourage drug use."

B.C. MP and lawyer Stephen Owen (Vancouver-Quadra), a junior economic 
development minister, said polling data shows that when Canadians are 
informed of the facts on the ineffectiveness of cannabis laws and the high 
costs of drug enforcement, greater numbers support decriminalization.

"One, it's not working; two, it's perhaps illogical; three, it's costing a 
whole lot of money that might better be focused on law enforcement, on 
possession and use of more serious drugs -- and on trafficking of all 
drugs, including marijuana," Owen said.

Owen said the illegal status of marijuana encourages large-scale marijuana 
growing operations in the Vancouver area because it means operators -- who 
are usually organized crime gangs -- stand to make a larger profit.

With files from Allan Thompson
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MAP posted-by: Jackl