FEDERAL GOVERNMENT FAST-TRACKS POT BILL

A day after the Ontario appeal court restored the criminal law banning
marijuana possession except for medical purposes, the federal government
moved quickly to push through its controversial bill to ease the criminal
sanctions for pot smokers.

Today, Justice Minister Martin Cauchon will employ a little-used
legislative tool to refer the pot bill, not to the standing justice
committee, but directly to a specially reconstituted committee led by
Liberal MP Paddy Torsney.

That Commons committee was one of two parliamentary committees that
examined Canada's pot laws last year, and recommended easing criminal
penalties. A Senate committee had gone further and recommended outright
legalization.

Cauchon said yesterday the committee already has "expertise" on the issue,
and will "accelerate" passage of the bill, he hoped, before Christmas.

He acknowledged the current government has limited time this session in
which to pass its legislative agenda, and he called the pot bill one of
several priorities. "That bill has the full support of cabinet colleagues
around the table," he added, but refused to say whether he doubted prime
minister-in-waiting Paul Martin's commitment to the bill.

Cauchon said it is high time for the government to change the law, since
the issue has been studied for 30 years.

"I think the time has now come to attack the question and when we look at
the situation in Canada, there are more and more young people using
cannabis. So that says that as a society, we are not sending a clear enough
message. And we want a clearer message."

Since it was tabled in May, the government's bill has had no real study in
Parliament. It would decriminalize possession of 15 grams (as many as 30
marijuana joints) by proposing fines, instead of a criminal conviction and
a record, for offenders.

The committee's examination of the bill will now get underway after just
three hours of debate even before it passes a second reading vote in the
Commons.

House leader Don Boudria said the unusual tactic of referring the bill
before second reading also "permits amendments beyond the scope of the
bill." Cauchon said he is still open to amendments, but would not specify
in what areas.

Last week several provincial justice ministers pressed for changes to the
law that would deal more harshly with repeat offenders.

Alliance justice critic Vic Toews said he doesn't see how the committee can
adequately examine all the issues raised by softer penalties on drug users
in the weeks before Christmas.

Toews wants the committee to examine whether looser drug laws will: lead to
increased drug use among young people; more drivers on the road impaired by
cannabis whose level of impairment cannot be accurately measured in
roadside tests; and tougher border controls that might hurt trade with the U.S.

The Canadian Alliance last year warned against decriminalization of amounts
that would appear to legalize use and trafficking of the drug.

It said a more reasonable threshold for decriminalization would be 5 grams,
or enough for about 5 or 6 joints.

The government's bill also toughens penalties for large-scale marijuana
growers and traffickers, and provides $245 million for more drug
enforcement and drug education programs.

It does not, however, address the issue of medical marijuana and the
regulations the Ontario appeal court deemed unconstitutional because they
force sick people to go to the black market to buy marijuana. That comes
under the portfolio of Health Minister Anne McLellan.

McLellan said Tuesday she is "heartened" that the appeal court "upheld our
medicinal marijuana access regulations" but will examine the decision
further as to what the government should do.

"Yes, it is true that that they indicated that there were a handful of
provisions that were unconstitutional, but they upheld the overall regime
in light of our interim July policy around licit supply of seed and/or
product."

She said one of the first things officials will look at is the court's
finding that a requirement in some cases for a second specialist's approval
is unconstitutional.

Rob Merrifield, Canadian Alliance health critic, said the courts and the
government have made a "mistake" on medical marijuana, and have gone too
far in easing access for users.

"It was a disaster from day one. But the problem is they have no scientific
evidence that it's the drug that should be prescribed."

Another Alliance MP, physician Keith Martin, who has advocated
decriminalization of small amounts of marijuana, said sick people should
have access to marijuana "but it has to be controlled. You can't
criminalize sick people for wanting to pursue relief through marijuana."