Pubdate: Sun, 08 Sep 2002
Source: Buffalo News (NY)
Copyright: 2002 The Buffalo News
Contact:  http://www.buffalonews.com/
Details: http://www.mapinc.org/media/61
Author: Barry Brown, News Toronto Bureau

CALL TO LEGALIZE MARIJUANA STIRS DEBATE IN CANADA

TORONTO - For the first time since the early 20th century, a panel of 
Canadian senators has recommended legalizing possession and use of 
marijuana for anyone over age 16.

The report, officially issued last week by the Senate Special Committee on 
Illegal Drugs, estimated that 1.5 million Canadians routinely smoke 
marijuana and 600,000 have criminal records because of it. The Senate has 
also recommended the federal government pardon those currently jailed on 
possession charges.

Canada's judges, including its Supreme Court, will start to shape the 
future of marijuana as they take up contradictions in the country's 
approach to the substance.

On Tuesday, a Nova Scotia Supreme Court judge is scheduled to rule on a 
case involving a man convicted of conspiring to grow and sell marijuana. 
Last March, Michael Patriquen, 49, the man at the center of the case, 
pleaded guilty to the 1999 charges. But in July, he received a federal 
government permit allowing him to grow and use marijuana for medical purposes.

As a result, sentencing was delayed when Patriquen's lawyer argued he 
should not be incarcerated unless the Canadian justice system can guarantee 
him a supply of marijuana while he is behind bars.

Three doctors have supported Patriquen's claim that he needs the drug to 
ease the extreme pain caused by a car accident.

"If sentenced, I will be subjected to a cruel and unusual punishment with 
no medical relief whatsoever," Patriquen said. "So we are asking for an 
adjournment until such time as pot is available in prison, if that's not 
too much to ask."

On Dec. 13, lawyers for three convicted marijuana smokers will argue before 
the federal Supreme Court that federal laws banning possession, cultivation 
and trafficking of the plant are unconstitutional.

The legal debate will center on whether jailing Canadians for using a 
relatively harmless substance violates constitutional protections of life, 
liberty and security of the person.

Despite widespread concerns about U.S. reaction to any move to loosen drug 
laws, federal Justice Minister Martin Cauchon has said Canada's drug laws 
are outdated and should be relaxed.

Anne McClelland, Canada's health minister, has said clinical trials to 
determine any medical benefits of marijuana probably will begin this fall.

Polls have shown a majority of Canadians favor decriminalization - though 
not outright legalization - of marijuana. Support for decriminalization 
also is backed by the Canadian Association of Chiefs of Police, the 
Canadian Center for Substance Abuse, the Canadian Medical Association and 
the Canadian Bar Association.

But not everyone is jumping aboard the marijuana bandwagon. In an 
editorial, the Toronto Star supported decriminalization, but said 
legalizing the drug "must make every teacher and parent shudder."
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