CAUCHON CONSIDERS RELAXING MARIJUANA LAW

Decriminalization: Small-Time Users Would Get A Fine Like A Parking Ticket

OTTAWA - Martin Cauchon, the Minister of Justice, says Canada is seriously
considering 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
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.

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

However, his proposal goes further than that in the United Kingdom, which
still plans to maintain marijuana 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 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.

Lawrence MacAulay, the Solicitor-General, 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,"
Mr. MacAulay said. "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 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, Mr. Cauchon said. He refused to provide
further details about federal plans.

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.