POT NOT ENTIRELY CRIMINAL

Editor, The Echo;

Re: Pot, Cons And Pilferers by Fraser Tingle, (Jan. 11, 2005)

The Pincher Creek RCMP issued a press release last week "to remind
people that possession and use of marijuana is still a criminal
offence in Canada." Actually, this is not entirely true. The Parker
Decision of 2000, and the Hitzig Decision of 2003 have put the law
prohibiting the possession of cannabis on such shaky ground, that in
the spring of 2003 an Ontario Superior Court found the law to be "of
no force and effect". Once a law is struck down it cannot be
resurrected. It must be legislated back into effect.

Many people have launched constitutional challenges to the law, and
had their charges dropped. Michele Kubby has launched a challenge
which might see a solid court decision on this by the spring.

Furthermore, the Liberal's so called "decrim" bill is nothing at all
like decriminalization, it is in fact an alternative penalty
legislation, designed specifically to draw even more people into the
criminal justice system. The legislation will cost a fortune, clog our
court rooms, and give the dealers and growers a big raise, which
raises the question of just which side of the law the government is
really on. Why the media continues to aid the government in misleading
the public is another mystery. Fraser Tingle should do more research
on this subject.

Russell Barth

Educators For Sensible Drug Policy

Ottawa