WINDSOR CASE SHOWS LAWS GONE TO POT

Canada's marijuana laws have gone up in smoke, because the federal
government has refused to grasp the nettle and pass clear and sensible new
legislation. An Ontario Court ruling in Windsor this week is the latest
example of the free-for-all that marijuana laws have become: A judge threw
out a charge against a 16-year-old, saying that marijuana possession is not
currently illegal. That's not what the federal justice department or the
courts or the cabinet ever intended - we hope - but it does, absurdly,
appear to be the legal situation.

In 2000, in a "medical" marijuana case, an Ontario Court of Appeal judge
trashed the whole marijuana law, saying it was unfair to those who wanted
to use the herb as a medical pain-killer. But that judge delayed the
application of his ruling - known as the Parker decision - for a year,
challenging the government to rewrite the law in that time. Ottawa did not
bother to do that, instead simply issuing convoluted new regulations for
medical use of the drug.

The Windsor-case judge ruled that mere regulations, issued by cabinet
order, do not meet the conditions imposed in the Parker ruling, and so the
law is dead. While this appears to be good law, it's miserable public
policy. The culprit in the Windsor case is not judicial activism but
government incoherence. Ever since Parker, we've endured a chaotic welter
of ministers' statements, activists' demands, government trial balloons,
official half-promises, court cases and good intentions - but no bill has
been introduced into Parliament.

The current situation does worse than bring the law into disrespect; it
makes the law a laughing-stock. Police and prosecutors don't know what can
be enforced. Judges have to make up the law as they go along.

This newspaper has repeatedly called for an end to criminal penalties for
marijuana possession, but this is not the way to do it. Justice Minister
Martin Cauchon has been indicating that the government is inclined to move
in that direction. Now it's past time for him to stop indicating and start
moving. He needs to get a law introduced and get it passed by Parliament.

This government often seems to find Parliament an inconvenience, but it's
Parliament, not cabinet or good intentions, that makes the laws in this
country. Once we have a law, justice officials across the country need to
work to make sure it's enforced sensibly, uniformly and constantly. That's
the whole idea of law.