MARTIN GOVERNMENT RESURRECTS DRUG-RELATED LEGISLATION

OTTAWA -- The Martin government embarked Monday on its third attempt
in the last year to decriminalize marijuana and its second try at a
law to force drug-impaired driving suspects to surrender blood and
saliva samples.

Justice Minister Irwin Cotler revived the companion bills after they
died when the federal election was called last summer.

The reincarnated versions are virtually identical to their
predecessors, sparking the same criticism as the earlier efforts.

On the marijuana front, Parliament will now start all over again on an
issue that has been debated in the federal ranks for more than 30 years.

"We want to decriminalize marijuana use for those who have small
amounts in order that young people, in particular, not have a criminal
record with all the adverse fallout that that means," said Cotler.

The bill decriminalizes possession of less than 15 grams of pot or
fewer than four plants, making the offences punishable with fines
rather than criminal charges.

The proposal also calls for harsher penalties against marijuana
grow-ops by doubling maximum prison terms to 14 years from the current
seven.

The marijuana bill is a Chretien-era initiative and there has been
criticism that the Martin government lacks the political will for the
legislation to pass, after a failed revival effort last spring.

The Conservatives oppose decriminalization of more than five grams,
but the Bloc Quebecois and the NDP are mainly supportive, suggesting
the bill should have little trouble passing unless there is a revolt
within the Liberal backbenches.

The bill remains an irritant in the U.S., which took another pot shot
at Canada earlier this fall in a White House report that warned that
soft marijuana sanctions are an "invitation" for organized crime.

"How does this government guarantee us there won't be retaliatory
action by the Americans?" asked Conservative justice critic Vic Toews.

"I'm very concerned they are going ahead on this without taking into
concern the real impact that this will have on trade."

Critics also say the government should be imposing minimum sentences
for grow-ops rather than increasing the maximum penalties.

The drug-impaired driving bill is a more recent Martin measure that
was first introduced shortly before the June 28 election was called.

The government is proposing a fine of $600 for failure to comply with
a battery of roadside tests and a further police station probe that
would include surrendering blood and saliva samples.

"We are making that which is voluntary mandatory," said
Cotler.

Police, many of whom oppose marijuana decriminalization, have
complained about the prospect of more drug-impaired drivers on the
streets with no legal means to arrest them.

Hundreds of officers are now being trained across the country to
become experts in recognizing physiological symptoms of drug
impairment so they can conduct the roadside physical tests.

If a suspect fails -- and it is determined he or she is not alcohol
impaired -- the testing could then move to the police station.

The maximum penalty for drug-impaired driving would be five years,
while being convicted of drug-impaired driving causing death could
warrant life imprisonment.

Cotler acknowledged Monday that there have been warnings that his bill
will invite constitutional challenges from people who feel it is
overly intrusive. But he said he is confident that the law, based on
the experience outside Canada, would not run afoul of the Charter of
Rights.

The main complaints are that the roadside tests are lengthy and weak
because they are based on police observation and, therefore, do not
have the scientific weight of a breathalyser.

Unlike drunk driving, in which there is a measurable link between
blood alcohol levels, research is lacking to equate drug quantity and
impairment.

"We know that the technology is simply not as advanced with drugs as
it is with respect to alcohol," said Toews, who wants the government
to put resources into developing a test.

The federal government has included with the bill an additional $6.9
million for law enforcement, bringing total funding for the initiative
to $11.9 million.