Pubdate: Wed, 24 Dec 2003 Source: Winnipeg Sun (CN MB) Copyright: 2003 Canoe Limited Partnership Contact: http://www.fyiwinnipeg.com/winsun.shtml Details: http://www.mapinc.org/media/503 Author: Kathleen Harris Note: The decisions: R. v. Malmo-Levine; R. v. Caine http://www.lexum.umontreal.ca/csc-scc/en/rec/html/2003scc074.wpd.html R. v. Clay http://www.lexum.umontreal.ca/csc-scc/en/rec/html/2003scc075.wpd.html Bookmark: http://www.mapinc.org/people/David+Malmo+Levine Bookmark: http://www.mapinc.org/people/Paul+Martin TOP COURT PASSES POT ISSUE BACK TO MARTIN 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 if 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 his government will re-introduce 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. Manitoba MP Vic Toews yesterday applauded a Supreme Court of Canada decision that upheld the federal law banning possession of small amounts of marijuana. Pot should not be decriminalized until cops have effective roadside screening devices to pinpoint motorists who have been puffing, says the Alliance justice critic. "We've come a long way in terms of restricting the use of alcohol when driving," the former Manitoba attorney general said. "What impact would (decriminalizing marijuana) then have on impaired driving rates?" Toews said loosening marijuana laws would also increase use of the drug among young people. It may also force the U.S. to impose tough trade restrictions on Canada, he said. 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." - --- MAP posted-by: Beth Wehrman