Pubdate: Wed, 23 Dec 2015
Source: Record, The (Kitchener, CN ON)
Copyright: 2015 Metroland Media Group Ltd.
Contact:  http://www.therecord.com/
Details: http://www.mapinc.org/media/225
Author: Laura Kane
Page: A4

MARIJUANA ISSUE HEATING UP

Canadians with dope convictions call for pardons

VANCOUVER - Marcus Richardson is, in the eyes of the law, a
criminal.

Never mind that a judge ruled the six kilograms of cannabis police
found in his car was for severely ill patients at a medical marijuana
dispensary.

Or that the same judge imposed only a minimum sentence because
anything more would fail to maintain "a just, peaceful and safe society."

He's a criminal - and so are scores of other Canadians who face
barriers to travel and work because they were caught with a drug that
the government now intends to legalize.

"My charge wasn't like, 'He was practising civil disobedience at a
place that was helping sick and dying people improve the quality of
their last days on earth,'" Richardson said.

"If the charge read like that, I'd have no problem with it. It reads
like, 'I'm a marijuana trafficker.'"

Canadians with criminal records for marijuana crimes are eagerly
waiting to see if Prime Minister Justin Trudeau will offer pardons
when pot is legalized. Tens of thousands are charged with possession
every year, and if convicted face consequences that can be
devastating.

Richardson was driving across Vancouver's Lions Gate Bridge in 1998
when police stopped him at a roadblock and found several kilograms of
marijuana and $6,000 in his trunk.

A judge found the drugs were intended only for B.C. Compassion Club
Society members and the money was a "float" Richardson carried to pay
growers. He was convicted of possession for the purpose of trafficking
and received a suspended sentence and six months' probation.

Today, the 42-year-old father of three holds a federal licence to grow
and possess marijuana and runs a business selling equipment for
medical cannabis users.

Richardson is often asked to share his expertise with companies in the
U.S., but he's barred from crossing the border. He'd also like to
volunteer on his kids' field trips, but administrators conduct
criminal record checks.

"I wouldn't want to embarrass my children," he said.

The previous Conservative government overhauled the pardon system in
2012, making it more expensive and rigorous. Pardons, now called
record suspensions, seal a criminal record to allow offenders who have
lived crime-free to reintegrate, get better jobs and travel abroad.

The Parole Board of Canada has grappled with a backlog of pardon
applications dating to the government's changes, though it said last
May it only had 5,000 left.

Richardson became eligible for a pardon in 2008 and applied three
years later. He's still waiting. In frustration, he recently applied
for a $585 US waiver that would let him to cross the border.

Asked whether her government would offer general pardons to people
with minor marijuana convictions, Justice Minister Jody
Wilson-Raybould said she's working with the ministers of Health and
Public Safety on the details of legalization.

"We will certainly look to have more to say about how we're going to
move forward," she said. "But that includes actually having
conversations ... with different levels of government and ensuring we
speak to Canadians who have been impacted."

Simon Fraser University criminologist Neil Boyd said criminal
convictions have significant effects on people's abilities to travel
and work. Though pot possession doesn't carry the same stigma as other
crimes, it's still a conviction that may be weighed against a job
seeker, he said.

He said Trudeau's government should use its legislative powers to
pardon Canadians with simple possession convictions.

"I don't think that should stay as a criminal record, given that we
now are approaching an era in which it is going to be seen as
analogous to alcohol or tobacco, and taxed and regulated in a somewhat
similar manner."

Boyd noted that U.S. authorities can still refuse to allow people who
have been pardoned to cross the border.

Dana Larsen of Sensible B.C., a marijuana-legalization advocacy group,
said in addition to pardons he'd like to see Trudeau or a future prime
minister apologize for prohibition.

Retired corporal Clayton Goodwin, who represents a group called
Veterans for the Use of Medical Marijuana, said he began growing
medical pot to treat severe insomnia and stress triggered by serving
in the Arctic during constant sunlight.

In 2008, police raided his Sarnia home and found 22 immature plants,
95 grams of processed marijuana, morphine tablets and a shotgun in a
closet without a trigger lock.

He pleaded guilty to possession of marijuana and morphine as well as
careless storage of a shotgun. He was fined $1,500 and sentenced to
one year of probation and drug counselling.
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MAP posted-by: Matt