Pubdate: Thu, 29 May 2003
Source: Era-Banner, The (CN ON)
Copyright: 2003 The Era-Banner
Contact:  http://www.yorkregion.com/yr/newscentre/aurora/
Details: http://www.mapinc.org/media/2678
Author: Patrick Mangion

COPS FIGHT POT DECRIMINALIZATION

York Regional Police Chief Armand La Barge expects to lay more marijuana 
charges, not less, as a result of decriminalization. "They should have left 
well enough alone," Chief La Barge said, after the federal Liberal 
government announced new marijuana legislation.

"This doesn't bode well for the future at all. (Police) needed some signal 
from the federal government that (marijuana use) is not an appropriate 
undertaking."

Chief La Barge won't get any arguments from Liberal MP Bryon Wilfert, who 
would rather be debating other issues with less than a month before 
parliament breaks for summer.

"I have concerns about it," the Oak Ridges MP said from Ottawa yesterday. 
"But as a parliamentary secretary, I'm not going to bash the government."

The Liberal government introduced legislation making possession of 15 grams 
of marijuana -- enough for about 20 joints -- a minor offence, punishable 
by fine rather than incarceration and a criminal record.

Youths could be fined up to $250, while adults could be hit with a $400 
fine for simple possession. Penalties could be greater for possession on 
school property or while driving.

The legislation also promises a tougher line on growers who, if convicted, 
could face a maximum sentence of 14 years in prison, or double the current 
maximum of seven years.

The legislation calls for a commitment of an additional $245 million over 
five years for law enforcement and education aimed at discouraging drug use 
among youths.

But Chief La Barge fears that message will be lost on many.

"Decriminalization will equal legalization to some people," he said. "I'm 
convinced we'll see a spike in the number of marijuana charges."

At the very least, officers need more time to ensure they are properly 
trained and equipped to deal with spikes in criminal activity that may stem 
from decriminalizing pot.

Mr. Wilfert believes police and Canadians will be given more time to digest 
the proposed legislation, since there won't be enough time to make it law 
before June 20, when parliament recesses.

"There's no way this will be law in a month," he said. "Even if they go 
flat out, it can't happen. My main concern is that there is a strong 
anti-drug strategy in place before it is passed, that people know 
decriminalization doesn't mean it's safe."

Mr. Wilfert said the focus of the legislation should remain the need to 
decriminalize possession of marijuana, especially for young people.

"You don't want young people to be stigmatized with a criminal record the 
rest of their lives," he said.

Both Mr. Wilfert and Chief La Barge fear more drivers will smoke pot behind 
the wheel, a troubling issue for police.

"We need to find a practical way to test drivers," Mr. Wilfert said.

Road-side testing could become more complicated, Chief La Barge said. A 
driver suspected to be under the influence of marijuana would pass a 
breathalyser test designed for alcohol.

Officers can press charges from suspicion, but he admitted it is "very 
contestable in court".

The 15-gram limit is more than it seems, Chief La Barge said, because 
today's marijuana is more potent than in the past.

"Marijuana is a gateway drug," he said. It can lead to increased drug use 
and criminal activity.

"It's one step forward and two steps back," Chief La Barge said, 
complaining a recent Ontario Court of Appeal ruling means police need a 
warrant to use infrared-equipped helicopters to identify grow houses.

Mr. Wilfert has publicly supported a decision to appeal that ruling to the 
Supreme Court of Canada.

Instead of a national drug strategy from the federal government, police 
forces have been dealt a crushing blow in their fight to combat drug use 
and traffic enforcement, Chief La Barge said.

However, he assured York residents officers will strictly enforce any new 
legislation.

"I'm encouraging officers to be aggressive in their enforcement," he said, 
warning police will target anyone suspected of driving under the influence 
of marijuana, or those caught on school property.
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