Pubdate: Sat, 26 Dec 2015
Source: Calgary Herald (CN AB)
Copyright: 2015 Postmedia Network
Contact:  http://www.calgaryherald.com/
Details: http://www.mapinc.org/media/66
Page: A14

NO AMNESTY FOR DOPERS

When someone is charged with a crime, the laws in place at the time 
of the offence dictate how that individual will be punished if 
convicted. The exception is outlined in Section 11(i) of the Charter 
of Rights and Freedoms, which states: "Any person charged with an 
offence has the right ... if found guilty of the offence and if the 
punishment for the offence has been varied between the time of 
commission and the time of sentencing to the benefit of the lesser punishment."

The Charter says nothing about granting amnesty to a convicted 
individual whose offence later ceases to be a crime. That's why, if 
marijuana is legalized in Canada, the legislation shouldn't come with 
an amendment that allows all those previously convicted of possession 
of marijuana to be pardoned and have their criminal records expunged.

The number of Canadians charged with possession each year runs into 
the tens of thousands. Pardons would have to extend not just to the 
average citizen caught with a small amount, but to notorious 
suppliers and dealers as well.

Proponents of legalization argue that the consequences of a marijuana 
possession conviction can play havoc with an individual's life, 
including gaining employment and travelling across the border into 
the U.S. That's unpleasant, but those convicted are adults who knew 
they were breaking the law. They should face the legal consequences 
and be held responsible for their behaviour.

When asked about the possibility of pardons, Justice Minister Jody 
Wilson-Raybould remained vague, but dropped a hint that suggests she 
may consider it.

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

Canadians "who have been impacted" will no doubt demand amnesty. They 
shouldn't receive it. They knew marijuana possession was illegal 
under the Criminal Code of Canada, and chose to ignore that.

A good precedent for handling a change in the law was set with the 
faint-hope clause, which allowed prisoners with life sentences to 
apply for parole after 15 years behind bars, 10 years ahead of 
schedule. That clause was repealed in 2011, but those who had been 
imprisoned before then are still eligible to apply, even though the 
clause no longer exists. Anyone sentenced to life after the repeal 
isn't eligible. What was in force previously stayed in force when the 
law changed.

The federal government shouldn't relegate existing marijuana 
convictions to simply going up in smoke.
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MAP posted-by: Jay Bergstrom