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News (Media Awareness Project) - CN ON: Editorial: Pressure On The Courts
Title:CN ON: Editorial: Pressure On The Courts
Published On:2004-10-28
Source:Sudbury Star (CN ON)
Fetched On:2008-01-17 20:35:29
PRESSURE ON THE COURTS

This week in a Sudbury courtroom, a Sudbury-area man was
sentenced to six months of house arrest after he pleaded guilty to
marijuana production. In 2001, 56 marijuana plants were found growing
in and around his home, which the man, 56, and his wife claim were
mostly for the medical purposes of a friend suffering from Hepatitis C
and diabetes.

While leniency was certainly warranted in this case, as there should
be for cases involving the use of pot on compassionate grounds, it
raises several questions about the status of marijuana production and
possession laws in Canada, and the way they are prosecuted. This case
took three years to wind its way through the courts, long enough that
the friend for whom the pot was being grown died awaiting trial in
2003.

There have been several fines levied for marijuana possession in
Ontario courts this week. In Pembroke, a man received a $1,500 fine
after pleading guilty to growing 11 marijuana plants outside his home
and possession of five grams of dried marijuana inside the home.

And in Windsor, a woman charged with growing 103 pot plants with an
estimated street value of $132,000 pleaded guilty and was placed on
two years probation and ordered to pay $5,750 in penalties. Each of
these cases followed lengthy police investigations and took more than
a year to wind through the courts before fines were levied.

Increasingly, these cases are unnecessarily choking up our court
system. In 2002, courts across Canada registered 93,000 drug-related
convictions. Seventy-five per cent involved marijuana, and 75 per cent
of those were for simple possession. More than half of the possession
convictions led only to fines.

We can only imagine how much police and court time has been dedicated
to the investigation and prosecution of the possession charges that
led to the fines, but it's hard to imagine it was worth it all.

To be sure, no one wants to encourage marijuana use -- it is, after
all, a carcinogen -- but it's becoming increasingly obvious that
authorities cannot discourage marijuana use through prosecution of
either its possession or production.

A year ago, the federal government recognized this and promised to
reform the laws that restrict marijuana use. Last winter, Parliament
debated legislation that would decriminalize possession of marijuana
under 15 grams -- enough for 15 to 20 joints. It would have meant
anyone found in possession of that amount would be handed a ticket and
a fine that could be paid like a speeding ticket -- without tying up
court time.

Unfortunately, those plans went no where, and with Prime Minister Paul
Martin, who promised to bring this issue to a resolution, now leading
a precarious minority government, it's unlikely to be dealt with until
after the next general election at the earliest.

In the meantime, recreational marijuana use is commonplace in Canadian
society, across many age groups. A 1996 Senate review on marijuana
laws concluded -- it thought conservatively -- that as many as three
million Canadians were recreational tokers. The goal of those who
would reform the pot laws is to ensure that those three million
Canadians never see the inside of a courtroom. It's still a goal worth
aiming for.

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