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News (Media Awareness Project) - Canada: Canada's Anti-Pot Laws Legal, Court Says
Title:Canada: Canada's Anti-Pot Laws Legal, Court Says
Published On:2003-12-24
Source:Denver Post (CO)
Fetched On:2008-08-23 18:29:46
CANADA'S ANTI-POT LAWS LEGAL, COURT SAYS

TORONTO - The Supreme Court of Canada upheld the country's laws against
marijuana possession Tuesday, even as Prime Minister Paul Martin presses to
eliminate jail sentences for people caught with small amounts of the drug.

In a 6-3 decision, the justices ruled that possession of marijuana would
remain a criminal offense for now. In a separate, unanimous decision, it
found that trafficking of the drug was illegal.

The ruling does not preclude Martin from going ahead with a proposed bill
that would soften penalties. President Bush has expressed concerns over the
bill, fearing it could encourage drug smuggling along the border.

The court ruling prompted praise from law enforcement groups but
disappointment from proponents of marijuana legalization.

"My huge patriotism may slowly be dissipating. I have a lot of faith in my
country, in freedom and justice, but it doesn't seem like we have a whole
lot of that left,' said Dominic Kramer, a marijuana activist who runs a
store that sells hemp products and paraphernalia in Toronto.

Tony Cannavino, president of the Canadian Police Association, welcomed the
decision but expressed concern over Martin's intent to pursue the
controversial bill. He said marijuana growing seemed to be on the rise.

"We have more and more 'grow ops' across the country,' he told reporters in
Ottawa. "You wouldn't see that 10 years ago.'

A key question in the supreme court decision was whether Parliament has the
constitutional right to punish marijuana possession, given the lack of
proven serious harms from its use.

The high court examined three cases involving two pot activists and one man
who was caught smoking. All three failed to convince lower courts that the
pot law is unconstitutional.

Defendant David Malmo-Levine took a hit of hash last May before arguing his
case in person at the high court while dressed head- to-toe in clothes made
of hemp cloth. He once ran the Harm Reduction Club, a nonprofit cooperative
in Vancouver that offered advice on safe marijuana use while supplying it
to some 1,800 members.
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