SUPREME COURT TO RULE ON 'RIGHT' TO SMOKE POT

Decision Set For Tuesday In Trio Of Cases

OTTAWA -- Decriminalization of marijuana, an issue pushed to the
political back burner by the departure of Jean Chretien and the
arrival of Prime Minister Paul Martin, is about to be catapulted back
into the headlines by the Supreme Court of Canada.

The court announced yesterday that it will rule next week on a trio of
cases in which the key question is whether federal law violates the
Charter of Rights by mandating criminal penalties, including potential
jail time, for possession of small amounts of pot.

Whatever the judgment, it seems sure to reignite the debate that
heated up when the Chretien government brought in legislation to
decriminalize simple possession.

The bill died on the House of Commons order paper when Chretien called
an end to the fall parliamentary session last month.

The new prime minister has said in the past that he favours
decriminalization in principle. But he has also been mindful of
conflicting opinions among Liberal backbenchers and suggested the
matter needed further debate.

Martin has not said, since he took power a week ago, whether he will
revive the bill. The Supreme Court will deliver its opinion next Tuesday.

The cases at issue involve two self-described marijuana activists and
one man who was simply unlucky enough to be caught toking up.

Trafficking issues were part of the first two cases, but the central
issue before the Supreme Court was whether possession for personal use
should be a crime.

Federal lawyers argued there is "no free-standing right to get stoned"
and said Parliament must be free to legislate against drug offences
unfettered by constitutional fences.

Defence lawyers contended that criminal penalties for minor drug
offences were disproportionate and violated the guarantee of
fundamental justice in the Charter.