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News (Media Awareness Project) - Canada: Canada May Relax Pot Law
Title:Canada: Canada May Relax Pot Law
Published On:2002-07-16
Source:StarPhoenix, The (CN SN)
Fetched On:2008-08-30 05:30:12
CANADA MAY RELAX POT LAW

Justice Minister Ponders Change Similar To Britain's

OTTAWA -- Justice Minister Martin Cauchon says Canada is seriously
considering the bold move of decriminalizing marijuana possession because
the current system encourages a patchwork of criminal charges across the
country.

After years of debate, Cauchon's revelation that he is contemplating action
is the closest any minister of justice has come in recent years to
acknowledging that saddling people with criminal records for recreational
drug use might not be fair or an efficient use of police resources.

"There is discussion to find ways to be more efficient, more effective,"
Cauchon confirmed Monday. "We're not talking about making it legal, we're
talking about the possibility of moving ahead with what we call
decriminalization."

The proposal would mean handing small-time users a fine akin to a parking
ticket rather than criminally charging and arresting them and forcing them
through the court system.

Cauchon said he would wait for recommendations from a Senate committee
studying decriminalization and consult widely with Canadians before
replacing the federal law.

The Senate committee, which has held hearings across the country, will
produce a report by late summer that is expected to recommend relaxing
marijuana possession laws.

Cauchon acknowledged Britain's move last week to reclassify cannibis is a
factor in his decision.

However, his proposal goes further than the U.K., which still plans to
maintain pot possession as a criminal offence, but is instructing police
not to lay charges if people have the drug for their personal use.

Cauchon said the current system in Canada, in which police in some
provinces lay charges while others do not, might not be working as it
should. Also, some people are getting off entirely because police do not
want to lay charges when a criminal record is at stake, he said.

"If you look at the system that we have in place, keeping it criminal, it's
not very efficient," he said. "Depending where you are across Canada, they
apply or they don't apply the legislation that we have."

The prospect is a dramatic change of heart for Cauchon, who said earlier
this year that society is not ready for decriminalizing pot.

There were signs Monday that he will encounter fierce opposition if he
moves ahead, even from within the federal cabinet.

Solicitor General Lawrence MacAulay voiced concerns and police promised to
fight any move to decriminalize what they say is the "gateway drug" that
leads to more serious drug use.

"Drugs are a very serious problem in this country and what we have to do is
do what's right and make sure we have the proper rules and laws in place,"
said MacAulay. "Law enforcement is quite concerned about the drug problem
in this country and they'll certainly be involved too before any changes
are made."

Grant Obst, president of the Canadian Police Association, said
decriminalization would hamper efforts to catch drug traffickers because
police would not be able to use the threat of a criminal record to extract
information from people about where they bought their pot.

"It sort of gives you the hammer," said Obst, a Saskatoon police officer.

"I really hope we get to consult with the minister before any dramatic
moves are made in this regard."

Obst said the threat of a criminal record also deters some people from
getting involved in marijuana smoking, which he maintained can lead to more
serious drug use.

Proponents of decriminalization argue it would free police to deal with
more serious crimes.

The federal government is considering moving possession from the Criminal
Code and putting it in a less serious piece of non-criminal legislation
called the Contravention Act, said Cauchon.

He refused to provide further details on federal plans.

His cabinet colleague, Fisheries Minister Robert Thibault, emerged from a
meeting of the social union committee saying that it's important to have a
wide public debate about decriminalization.

"I think it's the way of the world. We see what's been happening in
Britain," he said.

"I don't know the issue all that well, but I see what the pros and cons
are, calling a kid a criminal for what could be seen to be a minor offence,
but on the other hand you don't want to encourage drug use."

There has been mounting pressure on the federal government to decriminalize
possession of small amounts of marijuana, including a call from the
Canadian Medical Association Journal, which said last year that the more
than 1.5 million Canadians who smoke marijuana should not risk the
indelible tattoo of a criminal record.

Statistics Canada figures from the 1990s showed that there is already a de
facto drift toward decriminalization, with three times as many Canadians
avoiding the justice system for marijuana possession in 1999 than in 1989.
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