MARIJUANA DANGER UNCLEAR, GOVERNMENT WILL ARGUE

VANCOUVER The federal government will attack a constitutional challenge
of Canada's marijuana laws by arguing that not enough is known about
whether the drug poses a danger, court documents show.

Government lawyers will also argue that it is up to Parliament, not judges,
to change the law, according to a written submission to Vancouver
provincial court from the federal Justice Department.

The constitutional challenge, which claims the prohibition of marijuana
contravenes freedoms guaranteed by the Charter of Rights and Freedoms, has
dragged through B.C.'s court system for more than three years. It was to
end yesterday with the final presentation from the government. But the
hearing was adjourned to Feb. 10 because the senior lawyer handling the
case, Tony Dohm, was appointed this month as a provincial court judge.

Randy Caine, of Surrey, launched the case through his lawyer, John Conroy,
in 1993 after being arrested for possession of marijuana. He argues there
is no proof that occasional use of the drug causes any harm, and no proof
that others might be harmed by marijuana smokers.

The federal case relies on testimony from Dr. Harold Kalant of the Ontario
Addiction Research Foundation, who said that some studies show that use of
the drug causes impairment in people operating cars or airplanes, and that
chronic use can result in mental impairment in people prone to
psychological problems.