AMENDED LAW WOULD GUARD INFORMATION ON MARIJUANA CONVICTIONS

Bill Would Block Police From Sharing Data With U.S. Or Elsewhere

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 yesterday 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 rebuild Canada's relationship with the U.S., which has been
irritated, in part, by the marijuana decriminalization plan.

Although Mr. Martin has suggested the marijuana bill also could be changed
to decrease the amount of cannabis 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.