BORDER RELATIONS GO TO POT

It seems odd that a country that has just seriously antagonized its
neighbour and largest trading partner over the Iraq war, a country with the
multifarious problems that Canada faces, in such a country the most
prominent item on the legislative agenda should be a government proposal to
legalize marijuana. But this is Canada in the twilight's last gleaming of a
tired, policy-challenged Liberal government. A cynic might be forgiven for
wondering if the only potheads blowing smoke are to be found off Parliament
Hill.

The Cannabis Reform Bill will be formally tabled in Parliament later this
month. However some details have already leaked out; these indicate that
the government will decriminalize possession of up to 15 grams (about 20
joints), give the police discretion whether to charge for possession of 15
to 30 grams, and leave possession of more than 30 grams (which would seem
to imply an intention to traffic) in the Criminal Code.

Canadian border officials would have options: they could seize pot and
either refuse or allow entry. If someone in possession of marijuana crosses
from Canada into the United States, Canada Customs will notify U.S.
authorities. What happens next is not spelled out in the proposed
legislation because, happily, that vast territory that extends beyond
Canada's borders exceeds even the writ of our Natural Governing Party. It
seems safe to predict, however, that what will happen next will not be the
"peace and love, man" Canadian approach.

Parts of the Canadian debate defy belief: for example, proponents who
insist that decriminalizing will not increase marijuana use; or those who
deny findings of comprehensive studies (e.g. by the Center on Addiction and
Substance Abuse) confirming that marijuana users are more likely to
graduate to harder drugs (heroin, cocaine etc.).

Typically, there appears to be greater concern here about police discretion
in enforcement than there is about the desirability of decriminalizing; for
example, Professor Allan Young of (where else?) York University's Osgoode
Hall warns: "History tells us that the disadvantaged and minorities will
disproportionately suffer under a regime of that nature."

How reassuring is the authentic voice of Canadian concern! Prof. Young is
reminiscent (although he may hardly consider this a compliment) of the
House of Commons Finance Committee, whose recent report tentatively
endorsed bank mergers but not without collective hand-wringing about
whether a merged bank " ... would pay sufficient attention to ensuring
access for disabled Canadians."

South of the border, the Bush administration must increasingly wonder --
who lives up there? While the United States "war on drugs," as waged by
successive Democratic and Republican administrations, has not been a
notable success, there is little doubt that Americans consider drugs a
harmful social vice that warrants criminal proscription. Finding effective
means to combat marijuana is difficult, but that difficulty has not yet
persuaded Americans to throw in the towel.

Canada has long been seen by Americans as, if not exactly a drug haven, at
least as lax in enforcement; it must appear that we are now about to
welcome potheads with the same alacrity and mushy sentiment that we admit
illegal immigrants.

The Chairman of the U.S. House Committee on Drug Policy, Rep. Mark Souder,
recently said: "We're still finding it hard to believe that this could
actually happen in Canada"; if it does happen, Mr. Souder promised tougher
border security: " ... spot checking, more aggressive checking, possibly
background checking."

John P. Walters, the czar of American drug enforcement -- his formal title
is Director of the Office of National Drug Control -- also threatened
retaliation when the prospect of Canada legalizing marijuana was first
mooted last fall; he said this would lead to increased importation and
trafficking in the United States. Mr. Walters promised not only tighter
borders, but pointedly declined to rule out trade sanctions.

It was 40 years ago, in the flower power 1960s, that Gerald LeDain, another
Osgoode Hall professor, originally proposed that Canada legalize pot. The
justice minister of the era was Jean Chretien.

It has taken 40 years, the most protracted retirement in Canadian political
history, and a last desperate search for a "legacy," to convince the
Shawinigan Demosthenes to act. By now questions like: "Why?" "Is it wise?"
and "To what end?" almost seem irrelevant.

Ian Hunter is professor emeritus in the Faculty of Law at Western University.