POT BILL WON'T ALLOW POLICE TO SHARE INFO WITH U.S.

Critics Say People Ticketed for Marijuana Possession Shouldn't Be Targeted

OTTAWA -- Canadians who are caught with small amounts of marijuana
need not worry about police sharing the information with the U.S. or
other foreign governments or agencies, under proposed legislation to
outlaw the practice.

The prohibition was added to the bill to decriminalize marijuana when
it was revived Thursday after dying when Parliament adjourned in November.

"It's a significant amendment for sure," acknowledged justice
department spokesman Patrick Charette.

The head of the Canadian Council of Criminal Defence Lawyers described
the crackdown as a "bold statement" considering police forces have
been sharing more information internationally since the Sept. 11, 2001
terrorist attacks in the U.S.

"If this information was shared, it defeats the purpose of giving
people a chance," said Bill Trudell.

The changes were made at the recommendation of a special Parliamentary
committee that held public hearings on the bill last fall.

Witnesses said more Canadians probably would be flagged by American
authorities as a result of the federal government changing its laws to
make possession of 15 grams of marijuana or less a ticketing offence.
The bill proposes fines of $100 to $400.

The thinking behind the amendment was that police would be more
inclined to ticket under the new scheme than they would have been to
lay criminal charges. That would mean more people could conceivably
end up in a police database that could be accessed
internationally.

"One of the potential consequences is that it stigmatizes young
Canadians in that it impedes their movement across the border," said
Toronto lawyer Paul Burstein.

Police oppose the Liberal government's marijuana bill and Sophie Roux,
a spokeswoman for the Canadian Provincial Police Association, said the
amendment "is not buying them any points with us."

The change comes at a time when Prime Minister Paul Martin says he is
trying to rebuild Canada's relationship with the U.S., which has been
irritated, in part, by the marijuana decriminalization plan.

Although Martin has suggested the marijuana bill also could be changed
to decrease the amount of pot possession that would be decriminalized,
the reinstated bill did not lower that bar.

But further amendments are expected as the bill winds its way through
the Parliamentary system in the coming weeks. Federal officials say
the timetable will be tight for the bill to pass before a federal
election, expected this spring.

The reinstated bill was also amended to decriminalize cultivating
marijuana if it's less than four plants -- making it an offence
punishable with a ticket rather than a criminal record.

The former bill proposed to keep growing pot as a criminal offence
with a maximum penalty of one year in jail and a $5,000 fine, compared
to the proposed sanction of a $500 fine for adults and a $250 fine for
youths.

But the most significant amendment is the plan to make it an offence
"to knowingly disclose to a foreign government or international
organization" any marijuana offences contained in the Contraventions
Act.

Both possession and cultivation of small amounts of marijuana will be
moved from the Controlled Drugs and Substances Act to the federal
Contraventions Act, which governs such things as driving on federal
wharves and abandoning vessels in a public harbour.