LAW ENFORCEMENT LEFT IN STATE OF CONFUSION WITH MARIJUANA

FROM CHIEF THOMAS KAYE, President of the Ontario Association of Chiefs of
Police: (An open letter to the citizens of Ontario)

At a time when the combined efforts of all levels of government seem to be
focused on creating healthier lifestyles, preventing smoking, getting
people off drugs and prolonging life, we are shocked that law enforcement
and the citizens of Ontario have been left in a state of confusion,
uncertainty, and danger over the laws relating to the possession of marihuana.

A judge of the Ontario Superior Court of Justice recently ruled that simple
possession of marihuana is no longer an offence "known to law". This
decision is being appealed by the federal Department of Justice, however,
in the interim, Ontario courts are refusing to hear charges of possession
of marihuana. While the federal government has been wrestling with the
notion of decriminalizing the drug, the courts have, in effect, legalized
the simple possession of cannabis in Ontario.

The message created by this court decision is disturbing. Police have been
left with NO legislative authority for action as they strive to fulfill
their duties to serve and protect the citizens of Ontario:

Drinking a beer while driving a motor vehicle is an offense, while smoking
a marihuana cigarette while driving is not!

A 12-year-old cannot legally obtain a commercially manufactured cigarette
made of tobacco, but they can possess and smoke marihuana, even within a
school environment!

While it is contrary to most city bylaws to smoke tobacco in public places,
it is not an offence to smoke marihuana!

Carnage caused by impaired drivers each year includes hundreds of victims
killed and thousands injured. There is no satisfactory process to assist
police to identify drivers under the influence of marihuana.

Evidence clearly indicates that organized crime is heavily involved in
marihuana grow operations in the neighbourhoods of our communities and in
the distribution of homegrown marihuana in Canada and internationally.
Violence in our communities is often a result of these lucrative operations.

Our communities require immediate resolve to this issue. To ensure the
safety of our communities, especially our children, the Ontario Association
of Chiefs of Police urges the Citizens of Ontario to demand a speedy
resolution to this critical public safety issue by contacting the office of
the Prime Minister, the Premier of Ontario and their local members of
Parliament.

Prime Minister Jean Chretien
80 Wellington St.
Ottawa, ON
K1A 0A2
Fax: (613) 941-6900
E-mail: pm@pm.gc.ca

Premier Ernie Eves
Legislative Building
Queen's Park
Toronto, ON
M7A 1A1
Fax: (416) 325-3745
webprem@gov.on.ca