MARIJUANA STILL ILLEGAL DESPITE RULING

Officers Will Still Use Discretion When Enforcing The Law, Vancouver Police Say

The Vancouver police department, B.C.'s top law enforcement officer and a
university criminologist all say marijuana remains illegal in B.C. despite
a contrary ruling by provincial court Judge Patrick Chen.

Vancouver police Constable Sarah Bloor said police rarely enforce the law,
but have the right to do so. She said that will be the situation unless
Parliament changes the law as the federal Liberal government has indicated
it could this fall.

Bloor said police use discretion enforcing the law, but would not say
exactly under which circumstances an officer would recommend charges to the
federal Crown, which is responsible for charge approval in drug cases.

"It depends upon the situation and each officer is going to have to make a
decision based upon the situation as it presents itself."

Bloor said one situation where a charge would be be recommended would be if
an officer found a person impaired by drugs who was operating a motor
vehicle or committing another crime.

The decriminalization issue hit the headlines again Tuesday when it was
reported Chen ruled earlier this month that the law was void since
Ontario's top appeal court ruled three years ago that it was invalid.

Simon Fraser University criminologist Neil Boyd said, however, the Ontario
appeal court decision can be used to persuade, but not bind judges in B.C.
courts.

Solicitor General Rich Coleman agreed that neither the B.C. provincial
court decision nor the Ontario appeal court decision binds higher courts in
B.C., or federal courts.

Coleman said people who believe the courts have decriminalized marijuana
possession should think again.

"They are mistaken; it's still an illegal substance in Canada."

Coleman said he wants tougher penalties to discourage trafficking, grow
operations and other drug-related activities of organized crime.

U.S. Consul-General Luis Arreaga also said Tuesday that decriminalization
of marijuana could lead to border congestion as U.S. Customs officers
attempt to stem the flow of readily available B.C. marijuana to the U.S.

He said the U.S. does not want to dictate Canadian internal policies, but
said decriminalizing marijuana in B.C. could affect the U.S. by causing
more citizens of his country to purchase marijuana in Canada for use or
sale in the U.S.

"It could result in some waits at the border," said Arreaga, who was in
Vancouver to thank police officers for their fundraising efforts and
support given to the families of New York city police officers killed in
the Sept. 11, 2001, terrorist attacks on the U.S.