Pubdate: Wed, 04 Mar 2015
Source: Ottawa Citizen (CN ON)
Copyright: 2015 Postmedia Network Inc.
Contact: http://www.canada.com/ottawacitizen/letters.html
Website: http://www.ottawacitizen.com/
Details: http://www.mapinc.org/media/326
Author: Mark Kennedy
Page: A8

TORIES LOOK AT EASING LAWS ON MARIJUANA

Canadian Police Chiefs Would Like 'Discretionary Option' To Issue Tickets

With just 12 weeks left before Parliament shuts down for an election, 
the federal Conservative government is still considering introducing 
a bill to let police issue tickets to people caught with small 
amounts of marijuana, instead of laying criminal charges.

The potential legislative change is in the hands of Justice Minister 
Peter MacKay, who has spoken strongly about the dangers of marijuana 
use, particularly by young people.

The government has not made a final decision on the proposed change. 
As well, it isn't clear - with time running short - if it would 
introduce a bill in the current Parliament, which ends in June, or 
make it a campaign promise in the fall election.

But what is significant, say Tories, is that the idea is still on the 
government's "radar" as it prepares for re-election. It is looking 
for a marijuana proposal to contrast with the position of Liberal 
leader Justin Trudeau, who would legalize pot.

The proposed ticketing change was first advocated two years ago by 
the Canadian Association of Chiefs of Police (CACP), and has the 
strong support of a group of former police officers in the Conservative caucus.

They say police are hamstrung because they have only two options if 
they find someone with a small amount of pot: ignore it and let the 
person go, or lay a criminal charge that creates more paperwork for 
police and increases delays in an already overburdened court system.

Currently, anyone found guilty of possessing a small quantity of 
marijuana for the first time can get a criminal record and 
potentially face a $1,000 fine and/or up to six months in jail.

The CACP is urging the justice minister to amend the Controlled Drugs 
and Substances Act to provide police with the "discretionary option" 
of issuing a ticket for simple possession of cannabis (30 grams or 
less of marijuana or one gram or less of cannabis resin) in cases 
where a criminal charge "would not be in the public interest."

Last summer, MacKay said the government was examining the proposal, 
but cautioned that, with a full legislative agenda, a bill would have 
to come within six months, if at all.

Those six months have now expired, but MacKay's office told the 
Citizen this week the minister has not rejected the idea.

"Our government is still considering changes to the Controlled Drugs 
and Substances Act (CDSA) aimed at creating a new ticketing proposal 
for possession of small quantities of cannabis," said a statement 
issued by his office.

"We do not support making access to illegal drugs easier. To be 
clear, any proposed changes would not decriminalize or legalize 
cannabis possession in Canada whatsoever, but support law 
enforcement's efforts to efficiently deal with possession of these 
illicit drugs."

Clive Weighill, president of CACP, said in an interview that his 
group is looking for ways to "streamline policing costs."

"I think the world has really changed on this," said Weighill, who is 
Saskatoon's chief of police. "I think a lot of the judges right now 
are loath to give someone a criminal record because the police find 
him in possession of a couple of joints."

The current law, he said, puts police officers "in a very tough 
situation" on how to exercise their discretion.

"If you stop a vehicle and one person has a couple of joints in their 
pocket and the other person has open liquor, you give the person with 
open liquor a ticket. And yet what do you do with the person with the 
two joints? Do you charge them criminally? Do you let them off?"

Conservative senator Vern White, a former Ottawa chief of police, 
said he fully supports the proposed change.

"Don't get me wrong. If it is a guy with 15 joints in his pocket in a 
high school parking lot, I'm going to charge him criminally," he said.

"But if we're talking about a guy with a couple of joints or a joint, 
do we really want to bring them through the criminal process?"

White said tickets would serve as a deterrent.

The Liberals would legalize marijuana through a system in which sales 
are regulated. Trudeau says this would take pot out of the hands of 
organized crime and make it harder for young people to obtain.
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MAP posted-by: Jay Bergstrom