THE FISHERIES ACT AND MARIJUANA

The election is on, and each political party is claiming to be different
from the others. However, there are some laws all three political parties
agree on in principle.

It appears three new laws are bound to be passed after the election
regardless of which political party forms the government.

If you are a driver of a car and you take prescription drugs that affect
your senses, or if you smoke pot, or if you're tempted to catch a cod
illegally, read on.

Here's how each political party will deal with you after the election.

In the dying moments of parliament, although all parties supported them,
three new laws just didn't make the final stages of passage. The Liberals,
Conservatives and NDP supported the proposed laws in principle.

Last week I had the privilege to discuss and debate the content of the
three proposed new laws while attending a Canadian Bar Association meeting
in Vancouver, in my position as Chair of the Criminal Law Section in this
province.

You probably have heard about the first of the three - the proposed new law
to stop drug driving by people who take prescription drugs,
over-the-counter drugs and illegal drugs.

The three political parties agree people who take prescription,
over-the-counter, and illegal drugs should be tested at roadside if there
is any sign of impairment.

How does the new law propose to do that on the side of the road?

The police will have to give the driver mandatory physical co-ordination
tests. If the driver fails on physical co-ordination, then the driver is
asked to pee in a bottle.

Among the several physical tests administered on the side of the road is
one in which the driver will have to hop on one leg without losing his or
her balance. Another is to stand on one foot and touch the toes of the foot
you are standing on without losing your balance.

If you fail the physical co-ordination tests (that I predict half of us
couldn't perform cold sober), then you must pee in a bottle for testing of
prescription and non-prescription drugs. If you refuse to do the tests or
to pee in the bottle, you will automatically be found guilty of impaired
driving.

The second bill is to legalize the possession of moderate amounts of marijuana.

The third bill is a reinforcement of the Fisheries Act.

Apart from requiring Aunt Susie in Nipper's Harbour or Uncle George in Joe
Batt's Arm to hop on one foot around a car if they are on pain medication,
the fines imposed by the other two bills for breaking the law tell us a lot
about today's politicians.

A person found with a moderate amount of marijuana on his or her person
(less than a dozen joints) will face a fine up to a maximum of $100.

A fellow caught with an illegally caught cod or some other fish faces a
maximum fine of $100,000 and/or up to a year in jail.

So, a fellow found on the wharf in Harry's Harbour with some dope in one
hand and a cod in the other will surely regret catching that cod.

Just imagine a $100 ticket for the dope and a $100,000 fine and a possible
year in jail for the cod!

It's not that a person would actually get those maximum fines, but it
identifies the importance each political party places on each offence. The
intent of parliament in passing the law is considered in the fine and the
sentence in court.

What do these proposed new laws say about our politicians in Ottawa?

One conclusion is obvious - while our political parties are against
drug-impaired driving, they are surprisingly tolerant of 'wacky baccy'.

Averill Baker is a St. John's lawyer. Her column returns in two weeks.