MARIJUANA DEBATE STILL DIVIDES OTTAWA COMMUNITY

Police Remain Opposed To Decriminalizing Drug, Activists Not Convinced MPs
Will Change Laws

While he's overjoyed with the Senate report yesterday that recommends the
legalization of marijuana, Ottawa activist Mike Foster thinks he'll need to
hold his breath many more times before the government adopts new drug laws.

The Special Committee on Illegal Drugs' 600-page report confirms that it's
time for the government to move to eliminate the old reefer madness
mentality ingrained in a large part of the population and start looking at
marijuana as medicine that actually benefits people, he insists.

"I think the report is wonderful because they recommended legalization and
not decriminalization, but I think whether Parliament actually acts on it
or not is another story. I'm old enough to remember the LeDain Report that
recommended 30 years ago they do something about the laws," says the Bank
Street merchant. "Something might happen because it's inevitable, but it
will probably be in the courts -- I really don't think that Parliament has
the strength or courage to go ahead with that sort of legislation."

In 1973, the LeDain Commission recommended the end of charges for marijuana
possession and cultivation after looking into the use of the drug. So, with
the LeDain report gathering dust for almost 30 years and the government's
inept handling of the medicinal marijuana situation, Mr. Foster has more
faith in the courts than Canada's elected officials.

"I'm looking more towards the Supreme Court challenges coming up in the
fall than I am towards Parliament making any moves," he says. "And, I think
the report will influence the courts -- It's an exhaustive report. They
looked at it honestly and based on the facts, they couldn't come up with
any other answer."

In three separate hearings scheduled for early December, the Supreme Court
will hear constitutional challenges to the criminal prohibition of the
personal and private possession of marijuana.

If the court overturns the law or Parliament adopts new legislation, police
will abide by the change and stop charging people for possession, said
Staff Sgt. Marc Pinault of the Ottawa Police drug unit.

But police "are totally against decriminalizing," said Sgt. Pinault.

If and when it becomes legal or decriminalized, police will accept it and
move on, Sgt. Pinault says. But, he adds quickly, that doesn't mean he has
to like it.

"People forget that there will be people out there producing it, which will
still be illegal, and we will still have labs to take down and we'll have
to deal with the organized crime element," he insists. "It is just a
commodity to organized crime and if police or citizens get between their
commodity and profit, they will kill you."

Eugene Oscapella, one of the directors of the Canadian Foundation for Drug
Policy in Ottawa, has appeared twice before the Senate Committee,
advocating the elimination of drug prohibition. He not only believes
prohibition doesn't work, he says it's fundamentally flawed. And, he says,
some law enforcers may believe drugs should remain illegal, but what
they're really doing is promoting organized crime.

"It's (prohibition) a big part of the problem with drugs -- just as it was
during alcohol prohibition," said Mr. Oscapella. "The police wouldn't
support this report because they make money off of prohibition, and
organized crime, obviously, as well. So you have to ask yourself why are
the police and organized crime on the same side of this issue?"

While The Canadian Police Association has stated marijuana is
internationally recognized as a gateway drug that leads users to heroin and
cocaine, Mr. Oscapella says the Senate Committee's report shoots down that
theory with scientific evidence.

He says the committee consulted experts around the world and concluded that
marijuana is not a gateway drug - and the fact it's an illegal substance
has little or no direct bearing on use.

Sgt. Pinault disagrees, insisting many people won't use marijuana because
it's illegal. Take that away and many people might be convinced that
there's no harm in trying it. "I think from a public health standpoint,
it's the wrong thing to do," said Sgt. Pinault.