Pubdate: Wed, 30 Dec 2015
Source: Daily Courier, The (CN BC)
Copyright: 2015 The Okanagan Valley Group of Newspapers
Contact:  http://www.kelownadailycourier.ca
Details: http://www.mapinc.org/media/531
Page: A10

MAKE IT EASIER TO GET PARDONS

The federal government should step up its efforts to rationalize the
laws surrounding the use and distribution of marijuana, but a blanket
pardon for those convicted of possessing the drug shouldn't be the
first order of business.

However, the process for individuals to apply for such pardons should
be made simpler and less costly.

Hundreds of thousands of Canadians have been convicted of possession
of marijuana, leaving them with criminal records that can hinder
employment opportunities and prevent them from visiting other
countries. It's a heavy price to pay for what is, in many cases, a
minor offence.

Simon Fraser University criminologist Neil Boyd is among those
advocating that the government of Prime Minister Justin Trudeau use
its legislative powers to pardon Canadians with simple-possession
convictions.

"I don't think that should stay as a criminal record," said Boyd,
"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."

We are approaching that era, but we're not there yet. Laws need to be
changed, but we haven't worked out how they should change. It would be
premature to automatically wipe the slate clean for those with
pot-possession records.

Victoria lawyer Robert Mulligan said that while expunging records of
people found guilty of possessing personal amounts of marijuana is an
important piece of the puzzle, it won't be simple.

"There's a lot to this; it's a challenge, and to expect the government
to do it all so quickly is probably not realistic," Mulligan said.

He said there is no single national database that stores
drug-possession records. There are repositories for this information
at all three levels of government, he said. Expunging all those
records would be an administrative challenge.

And a pardon in Canada doesn't mean it would be recognized by other
countries, he said. People who had been convicted of possession might
still be denied entry into the U.S., for example.

Mulligan also noted that not all marijuana-possession convictions are
specified under "marijuana;" some might instead be lumped in as
"possession of a narcotic," which could include a long list of drugs.
Also, trafficking charges for marijuana might have been reduced to
possession convictions.

People who have been convicted of possessing personal amounts of
marijuana should have the opportunity to have those records expunged.
Circumstances differ with each person, and those circumstances should
be considered. But let's not overlook the fact they knowingly broke
the law.

Expunging records should not be the onerous or costly process that
Stephen Harper's government created when it overhauled the pardon
system in 2012. A person must have completed all sentences and paid
all penalties, then wait five years before applying to have a record
expunged. The cost is $631, and the applicant is responsible for
additional fees for things such as fingerprinting, obtaining a copy of
the record, court documents and local police checks.

While those requirements are appropriate for robbery or assault
convictions, they are out of proportion to the offence of simple
possession of marijuana.

The federal government should move ahead on new laws regarding
marijuana, but it shouldn't be hasty - poorly crafted laws could bring
unintended consequences.

Meanwhile, the process related to expunging pot-possession records
could be made simpler and more fair, and at a nominal fee.

But it should be done on a case-by-case basis.
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MAP posted-by: Matt