VANCOUVER: THE NEXT AMSTERDAM

Marijuana Possession Charges Are Rarer Here Than Rest Of Canada

Vancouver is emerging as Canada's own Amsterdam, a place where it is almost
rare for people to face criminal penalties for simple possession of marijuana.

And compared with other Canadian provinces, B.C. is reaching a state of
virtual decriminalization, statistics compiled by The Vancouver Sun show.

Statistics compiled by The Vancouver Sun show police in B.C. are generally
far more tolerant of marijuana use than anywhere else in the country.

B.C. had more reported "incidents" of marijuana possession in 1999 --
10,094 -- than any province in the country except Ontario, and the highest
rate per-capita.

But unlike every other province, police seldom pursue charges for
possession in B.C.

And those charged with possession in B.C. almost never get to court.

Only 17.2 per cent of all reported incidents of marijuana possession in
B.C. lead to a charge, compared to a high of 70.8 per cent in Ontario.

Even in Quebec, the province with the second-lowest rate of possession
charges after B.C., 55.2 per cent of reported incidents end up in court.

Most cases of marijuana possession in B.C. are handled outside the court
system, usually through "no-case seizures" where police seize and destroy
the marijuana they find and write up a report, but do not recommend charges.

But the approach to the drug varies widely from city to city. Police in
Victoria, for example, charge marijuana users at a rate more than eight
times higher than those in Vancouver.

There are an estimated 350,000 regular marijuana users in B.C., yet only
1,739 people were charged with pot possession in 1999.

In fact, based on estimates of the marijuana-using population from
Statistics Canada, the chance of a pot smoker being caught in Ontario is
almost five times higher than in B.C.

The reluctance of police to lay charges here is not surprising.

John Conroy, an Abbotsford lawyer who specializes in marijuana cases, said
the courts in B.C. treat those convicted of marijuana possession very
leniently. Most of his clients, he said, don't even get a criminal record.

"I always shoot for an absolute or conditional discharge on simple
possession," he said. "And I usually get it."

But B.C.'s over-all leniency masks sharp differences between different
police forces.

"In the downtown core of Vancouver, you can smoke a joint on the street and
no one's going to care," said Dana Larsen, editor of the magazine Cannabis
Culture. "In other areas -- you're more likely to be charged."

Statistics compiled by The Sun suggest Larsen may be right.

Vancouver police only charged 74 people with possession of marijuana in
1999. In a city of half a million, that works out to a rate of only 13.34
charges per 100,000 residents.

Every other major city in the Lower Mainland -- except Coquitlam -- had a
per-capita rate of marijuana charges almost twice as high as Vancouver's.

Vancouver police spokesman Detective Scott Driemel said the department does
not have a set policy when it comes to marijuana possession.

"We don't have a policy saying you do not charge or you do charge," he said.

But he added simple possession of marijuana is not a high priority for the
department.

"We don't go out actively looking for simple possession cases," he said.
"We're trying to focus more on the trafficking and the cultivation."

Among major Lower Mainland cities, the city with the highest per-capita
rate of marijuana charges is North Vancouver, with 47.41 per 100,000
residents -- more than three times as high as in Vancouver.

Constable Dan Guilfoyle, spokesman for North Vancouver RCMP, said police
there do use their discretion when people are found with very small amounts
of marijuana.

"The priority of our detachment would be high level activity," he said.
"[But] we still do make arrests and charge for possession of marijuana."

B.C.'s "virtual decriminalization" is least in evidence outside the Lower
Mainland.

Prince George RCMP had 48.18 charges per 100,000 residents in 1999, Kelowna
42.11 and Victoria 112.98 -- more than eight times as high as in Vancouver.

Last week, parliamentarians in Ottawa took significant steps towards
re-evaluating the laws against marijuana in Canada.

The House of Commons passed a unanimous motion to create a committee to
examine non-medical drugs. Progressive Conservative leader Joe Clark came
out in support of decriminalization, saying young pot users should not be
burdened by a criminal record for the rest of their life.

And Health Minister Allan Rock said Canada was in need of a "full and frank
discussion" about its marijuana laws to make sure they "fit current times
and needs."

"In terms of police enforcement, I'm not sure a lot would change with
simple decriminalization," said Neil Boyd, a criminologist at Simon Fraser
University who specializes in drug policy.

But it is an uneasy truce.

The uneven enforcement of marijuana laws remains a concern.

"There might be, in certain parts of Vancouver, a virtual
decriminalization," said Boyd. "But the problem is the uneven application
of the law. Some officers charge everyone they come in contact with. Some
will just tell you to move on."

B.C. has the lowest rate of marijuana possession charges in the country,
but every year more than 1,500 people in B.C. are still charged with pot
possession.

Jail terms for those convicted of simple possession are virtually unheard
of. But some are given criminal records that can prevent them from getting
a job or travelling abroad.

"We're not Amsterdam," says Conroy. "We're getting close to that but we're
not there, because there are still police charging people."

John Russell, vice-president of the B.C. Civil Liberties Association, says
B.C.'s partial decriminalization raises serious concerns over fairness.

"In effect, it means that some types of behaviour will get you a criminal
record in some jurisdictions and it won't in others," he said. "The
criminal law was created in Canada to enforce a certain set of laws equally
across the country -- so it undermines the principle of equality before the
law."

And in B.C. especially, where marijuana charges are so rare, those that are
charged may be unfairly singled out.

"Criminal laws on the books that are not enforced . . . can be used to
harass people that the police don't like," Russell said. "Selective
enforcement of laws can lead to abuse of police powers by, in effect,
police deciding to use these laws to make life difficult for individuals
they don't like for some reason or other."

But Russell admits police are in a difficult spot.

Statistics compiled by the Canadian Centre for Justice Statistics in 1997
found the average Vancouver police officer has a case load more than twice
as large as his counterparts in Toronto and Montreal.

With one of the worst hard drug problems in the developed world -- and the
highest property crime rate in Canada -- it is hard for Vancouver police to
justify devoting police time and money to busting people for simple
marijuana possession.

"In principle, you don't want police making these sort of judgments about
what laws should be enforced. . . . It's something we should be wary of,"
Russell said. "But in practice, police have to make decisions about where
they're going to spend their limited law enforcement resources best to try
and preserve security of the community. And enforcement of marijuana laws
is not the place to look if you're trying to make the country a safer place
for its citizens."

The lenient attitude of B.C. cops towards marijuana is understandable.

"There's no other criminal offence that has a minority of public support,"
said Boyd. "We're putting police officers in a very dangerous position with
regard to enforcement."

But selective enforcement creates injustices of its own, some say.

"A lot of people think you don't get busted for simple possession anymore
in B.C.," said Conroy. "It creates a lot of uncertainty."

Which is why people like Boyd, Conroy and Russell believe Ottawa needs to
move towards decriminalization, or legalization, to simplify the current
maze of informal police policies and procedures.

"I think we need to give police clear rules about how to respond to the use
of this drug," Boyd said.

When it comes to marijuana, B.C. is truly a world apart.

In a health survey conducted by Statistics Canada in 1994, 12 per cent of
British Columbians said they had smoked marijuana at least once in the past
year, the highest rate in the country and almost twice the national average
(seven per cent).

The rate is even higher among young people. A 1999 survey of B.C. teens
found 40 per cent had tried marijuana at least once, up from 25 per cent in
1992.

B.C. also has little tolerance for existing laws against the drug.

A Gallup poll in March of this year found 76 per cent of B.C. residents
believed possession of small amounts of pot should not be a crime (half of
those thought possession should only carry a fine, half that it should
carry no penalty at all).

Only Quebec residents -- at 83 per cent -- were more opposed to existing
pot laws.

But while B.C. residents have lenient attitudes towards marijuana use, they
take a much tougher line with growing marijuana -- which many associate
with organized crime. A Vancouver Sun poll conducted two years ago found 42
per cent of Vancouver residents believed existing penalties for growing
marijuana were too lenient. Only 17 per cent thought the penalties were too
severe.

How Provinces Rate On Pot Charges

Share of possession of cannabis incidents that lead to charges, 1999
(Those not charged include cases diverted out of the courts and seizures
without charges.)

Prov Incidents Charges %
B.C. 10,094 1,739 17.2%
Alberta 2,837 1,909 67.3%
Sask. 1,348 1,026 76.1%
Manitoba 995 664 66.7%
Ontario 14,214 10,057 70.8%
Quebec 6,817 3,762 55.2%
N.B. 1,091 680 62.3%
N.S. 1,152 720 62.5%
P.E.I. 121 94 77.7%
Nfld. 570 324 56.8%

Source: Statistics Canada

Possession Charges Vs Marijuana Users - estimated charges per charges per
Province
% users # users # charges 100,000 pop 1,000 marijuana users

B.C. 12% 352,680 1,739 43.23 4.93
Alberta 8% 165,840 1,909 64.39 11.51
Sask. 7% 53,690 1,026 99.83 19.11
Manitoba 9% 78,660 664 58.07 8.44
Ontario 5% 433,650 10,057 87.35 23.19
Quebec 9% 521,640 3,762 51.22 7.21
N.B. 6% 36,180 680 90.07 18.79
N.S. 8% 59,440 720 76.61 12.11
Nfld. 4% 18,320 324 59.89 17.69

(The sample size for P.E.I. was too small to include in the Alcohol and
Drug survey)

Sources: % of users: 1994 Statistics Canada Alcohol and Drug Survey, Est #
of users: Based on Statistics Canada's 15+ population estimates for 1994; #
charges: Canadian Centre for Justice Statistics, 1999 figures

Possession of marijuana charges per capita for B.C. municipalities, 1999
City Charges Pop. Charges per 100,000 residents

Victoria 86 76,121 112.98
Prince George 39 80,943 48.18
North Vancouver* 62 130,768 47.41
Kelowna 41 97,372 42.11
Surrey 89 332,836 26.70
Burnaby 48 189,513 25.33
Delta 23 101,202 22.73
Richmond 34 162,245 20.96
Coquitlam 16 110,633 14.41
Vancouver 74 554,900 13.34

* City and district
Source: Statistics Canada, Police Services Division Vancouver: the next
Amsterdam