CAUCHON: MARIJUANA DECRIMINALIZATION POSSIBLE BY SUMMER

Justice Minister Martin Cauchon repeated his commitment yesterday to
introduce legislation to decriminalize possession of small amounts of
marijuana, possibly as early as this summer.

"The criminal law is a blunt tool; it is only effective if it is applied
consistently and if it reflects true social consensus on an issue," Mr.
Cauchon said during a luncheon speech in Toronto at the Empire Club of
Canada. "I am troubled by the inconsistent application of the criminal law
to the possession of small amounts of marijuana for criminal use."

"Your children or grandchildren may not be charged if they are caught in
Toronto, but kids in small towns across Canada are being charged for
exactly the same behaviour. This means that kids are ending up with a
criminal conviction," Mr. Cauchon told the business audience.

"This can have a devastating impact on their lives -- from the types of
jobs they can get, to travelling or going to university in other countries,
particularly the United States," he added.

Mr. Cauchon did not respond directly to a question about whether the
federal government will be able to change the marijuana laws in the face of
strong opposition on the issue from the U.S. government.

But he suggested Australia's "ticketing regime," which involves fines for
possession of small amounts of marijuana "would be more efficient for law
enforcement" in Canada and free up resources to combat drug trafficking and
organized crime.

Last December, the justice minister pledged to introduce new marijuana
legislation by the end of April.

"At one level, his comments are very encouraging," said Toronto lawyer Paul
Burstein, who has been involved in a number of high-profile challenges to
the marijuana possession and medical marijuana laws.

However, Mr. Burstein noted that Mr. Cauchon's comments about the impact of
a criminal conviction for marijuana possession "are completely inconsistent
with the position that his lawyers have taken in a factum filed with the
Supreme Court of Canada."

The Supreme Court was supposed to hear arguments last December to decide if
potential criminal sanctions for marijuana possession violate the Charter
of Rights. The court decided to postpone the hearing because of the
apparently conflicting positions put forward by Mr. Cauchon and Justice
Department lawyers.

A new hearing date of May 6 was announced last week by the Supreme Court
and Mr. Burstein said he does not believe it is a coincidence that Mr.
Cauchon is again talking publicly about decriminalization of marijuana.

He predicted that the Justice Department will ask to postpone the Supreme
Court hearing for a second time "because the government is about to do
something."