TOP COURT TO JUSTICE DEPARTMENT: GET YOUR ACT TOGETHER ON MARIJUANA

The Supreme Court of Canada suddenly called off a challenge to federal
marijuana laws yesterday, saying Justice Minister Martin Cauchon is sending
conflicting messages by stating he will decriminalize pot while his staff
lawyers are trying to persuade the court that smoking up is dangerous.

The court postponed until at least the spring a landmark appeal from three
activists who are seeking the constitutional right to smoke marijuana.

Justice Louis LeBel summed up the judges' sentiment when he said they
cannot "close their eyes" to Mr. Cauchon's statements earlier this week
that he plans to move ahead with legislation by next April.

"The question here is the apparent contradiction between the position taken
outside the court and the position taken inside the court," added Justice
Ian Binnie.

The government has filed a report with the court that connects marijuana
use to driving accidents, upper-airway cancer, psychiatric problems and
drug addiction, among other things.

"Marijuana is not a benign substance and potentially is more harmful than
presently known," the Justice Department argues in a written submission.

The courtroom was packed with marijuana enthusiasts when the judges
adjourned for 10 minutes and returned to say they don't want to hear the
case until Mr. Cauchon decides whether to follow through on decriminalization.

Three marijuana smokers -- two from British Columbia and one from Ontario
who have waited years for their day in the Supreme Court -- accused Mr.
Cauchon of interfering with the justice process by stating his intentions
just as the court was to decide once and for all whether marijuana smoking
should be against the law.

David Malmo-Levine, who formed the Vancouver-based "Harm Reduction Club"
for marijuana smokers, said he wants the court to make a ruling on the
legality of marijuana because he has little faith that Parliament will ever
act.

"Powerful people have a habit of promising to do something about these
insane laws, and nothing ever gets done," Mr. Malmo-Levine said in the
Supreme Court foyer.

As the 31-year-old activist spoke to reporters, several supporters,
frustrated that the case was halted, headed outside to smoke joints.

Mr. Malmo-Levine, Victor Caine and Christopher Clay are challenging the
federal government on constitutional grounds, arguing that outlawing
marijuana is a violation of their Charter of Rights guarantee to life,
liberty and security of the person.

Mr. Caine is another British Columbian who was convicted of possession for
sharing a joint with a friend in his car while parked at a beach near
Vancouver. Mr. Clay owned a store in London, Ont., called the Great
Canadian Hemporium, which sold marijuana paraphernalia and plant seeds.

Mr. Clay, 31, predicted that the Supreme Court's postponement of the case
will force Mr. Cauchon to act.

Mr. Cauchon has indicated he will change the law so that people caught with
fewer than 30 grams will be be given a fine akin to a parking ticket rather
than be saddled with a criminal record.

The judges, after a one-hour hearing, rejected the Justice Department's
contention that there is no conflict because the legal arguments in court
"transcend" Mr. Cauchon's political statements.

The Justice Department also says there's no guarantee Mr. Cauchon will
introduce legislation.

The judges fear that the Justice Department is wasting their time by trying
to fight the issue in court when the federal law may change in the next
year or so.

As soon as they read about Mr. Cauchon's stated plans earlier this week,
they wrote a letter to lawyers on all sides suggesting that there would be
problems in proceeding with the case.