THE DOPE ON THE MAYOR'S RACE

Candidates All 'Experimented' in Younger Days

Current State of Pot Laws Confusing to Authorities

Toronto's five major mayoral candidates have all toked -- but it was so
long ago, most can barely remember those days.

"I'm pretty sure any self-respecting student of the '70s at some point
tried it," said former Liberal MP John Nunziata, 48. "This was the
Vietnam era. This was long-haired hippies. That was the culture."

But those in the '60s dabbled in it as well, including former mayor
Barbara Hall, who said she was fond of going to clubs then.

"As a curious member of my generation, I smoked marijuana on
occasion," she said. "It's been a long time since I've smoked."

When asked whether he ever smoked a joint, former budget chief Tom
Jakobek, 44, readily admitted to it. "Absolutely. Experimental, you
know. I wasn't a regular."

City Councillor David Miller, 44, said he never smoked in Canada. It
was only during his university days at Harvard in Boston.

John Tory, 49, figures the last time he used marijuana was when he was
about 20 years old. "I didn't mark the date down," he said. "It wasn't
something I did a lot, but it wasn't a one-time thing either."

The candidates were reacting to news that Toronto police Chief Julian
Fantino has told his officers to stop laying charges for simple
possession of marijuana.

Fantino said he made the decision because of government inaction and
several court decisions that leave police wondering whether simple
possession is an offence at all.

Police will simply seize the drugs and record the circumstances, with
a view to possibly laying a charge later once Parliament or a court of
appeal decision clarifies the law.

The Ontario Association of Chiefs also advised police leaders to use
discretion in cases of simple possession.

The policy shift comes as a result of a May 16 decision by Mr. Justice
Steven Rogin of the Ontario Superior Court of Justice, who upheld a
lower court decision to quash a charge against a youth for possessing
less than 30 grams of marijuana because the law is no longer valid.

Last week, federal Justice Minister Martin Cauchon introduced
legislation in the House of Commons that would decriminalize
possession for up to 15 grams. Individuals would face fines instead of
a criminal record.

The federal government insisted that it does not want Canadians to use
marijuana but said the current laws are outdated and
unenforceable.

Under the proposed legislation, more money would be available for
anti-drug programs and stiffer penalties introduced for drug growers.

Federal Solicitor-General Wayne Easter said Fantino is contradicting
the government's approach to marijuana with his decision to stop
laying charges for simple possession.

"I just wonder if there's some misunderstanding of what the federal
government is trying to do by changing the marijuana penalties," said
Easter.

In some areas, people are getting away with warnings or with just a
tap on the shoulder by some law enforcement agencies and in others
they are getting charged criminally, he said.

"What we've tried to do is bring conformity to the law across the
country by having a penalty," Easter said.

Most of the mayoral candidates said they supported Fantino's move,
saying police resources could be better deployed.

"I've always believed that it should be decriminalized; that's not to
suggest it should be legalized," said Nunziata.

Only Tory questioned whether the Toronto police move was the best
decision.

"The law is still on the books for simple possession and I would have
thought they should do their best to enforce it until such time as it
is changed."