CAUCHON CONSIDERS RELAXING LAW ON CANNABIS

'We're Talking About Moving Ahead With Decriminalization,' Justice Minister
Says

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, Mr. 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,"
Mr. Cauchon confirmed yesterday. "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.

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

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

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

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

Mr. 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 Mr. Cauchon, who said
earlier this year that society is not ready for decriminalizing marijuana.

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

Solicitor General Lawrence Mac-Aulay voiced concerns and police promised to
fight any move to decriminalize what they say is a "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 Mr. 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 marijuana.

"It sort of gives you the hammer," said Mr. Obst, a Saskatoon police
officer. "I really hope we get to consult with the minister before any
dramatic moves are made in this regard."

Mr. Obst said the threat of a criminal record also deters some people from
getting involved in marijuana smoking, which he maintains 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 Mr. 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 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."

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 show 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.

The statistics indicate a patchwork of police action across the country,
where charges for marijuana possession depend largely on where you live,
with the difference sometimes being a matter of a few kilometres.