Pubdate: Wed, 24 Dec 2003 Source: Edmonton Sun (CN AB) Copyright: 2003, Canoe Limited Partnership. Contact: http://www.fyiedmonton.com/htdocs/edmsun.shtml Details: http://www.mapinc.org/media/135 Author: Kathleen Harris 'I'M BUMMED OUT, MAN' Pot Activists Lose In Top Court OTTAWA -- The highest court in the land has passed the joint to Prime Minister Paul Martin who must now decide the future of Canada's marijuana possession laws. In a 6-3 decision that sets back the pro-pot movement, the Supreme Court yesterday ruled it's up to Parliament to decide whether marijuana should remain illegal. There is no "free-standing" right to toke for recreational purposes, according to the majority of judges. "The Constitution cannot be stretched to afford protection to whatever activity an individual chooses to define as central to his or her lifestyle," the ruling reads. David Malmo-Levine, 32, and two other men failed to convince the court that pot penalties are out of line with charter guarantees of fundamental justice. "I'm bummed out, man," said Malmo-Levine, a marijuana activist from Vancouver. "I was dreaming of a green Christmas but they grinched out on us." The prime minister confirmed yesterday that his government will reintroduce draft legislation to decriminalize small stashes of marijuana. Young people shouldn't be saddled with criminal records, but there must be tougher penalties and a heavier crackdown on growing operations, Martin said. "I think that the legislation that is before the Parliament of Canada is legislation that essentially makes sense," he said in a year-end interview with CBC's The National. Tony Cannavino, president of the Canadian Professional Police Association, applauded the court's decision but said it's only a "first step." His union will lobby for officers to retain the discretionary power to lay charges. "They should put emphasis on a strong national drug strategy," Cannavino said, adding liberalizing marijuana laws sends a wrong message about a "harmful drug." Toting a placard outside the Supreme Court, pro-pot crusader Raymond Turmel said decriminalizing simple possession is even worse than the existing law. He called it a "fundraising scam" by the federal government. "They're still going to take your marijuana off you, except they're just going to charge you a $400 fine now. The poor kids are going to be doing more time in jail because they can't afford to pay the fine," he said. Canadian Alliance MP Vic Toews, a longtime critic of "judicial activism," was pleased that the Supreme Court left the issue in Parliament's hands. But he said the government must now address issues of impaired driving and concerns from the U.S. before moving to relax pot rules. New Democrat MP Libby Davies said the feds should move to legalize marijuana instead of setting up a complex penalty system. - --- MAP posted-by: Beth Wehrman