POT LAWS DECISION IN HANDS OF SUPREME COURT

Deciding whether Canada's pot laws are unconstitutional now lies in the
hands of the Supreme Court of Canada.

On Tuesday, three appellants came before the country's highest court to
argue that their arrests for possession of pot violated Charter rights.

"I think it went well," said Abbotsford lawyer John Conroy Tuesday evening,
who represents Victor Caine. "I think they gave us a fair hearing."

Calling from a "celebratory dinner," Conroy said the judges asked a lot of
good questions, and noted the position of the court last winter was not raised.

The group was scheduled to argue their case last December, but the hearing
was adjourned, primarily because the Supreme Court of Canada justices were
not comfortable with the discrepancy between the government's stand on
marijuana in court and Justice Minister Martin Cauchon's position.

Yesterday, Langley-Abbotsford (Canadian Alliance) MP Randy White called for
a national drug strategy, pointing to the "contradictory" and "confusing"
testimony from federal lawyers during Tuesday's hearing.

"Federal lawyers were forced to make their case that marijuana is
unhealthy, leads to greater number of auto accidents and impairs motor
skills in the brain - while at the same time the justice minister and the
prime minister have both stated they will bring in legislation to
decriminalize pot by the end of next month," said White, the opposition
solicitor general critic.

"If that wasn't enough of a contradiction, the three appellants in the case
were pushing for their constitutional right to possess marijuana, as
denying it would be a violation of their personal rights. This right is
currently being upheld in courtrooms across Canada, with minor possession
charges being thrown out recently in cases in Ontario, Nova Scotia, and P.E.I."

White called for a well thought-out national drug policy. He was behind
last year's study of the non-medical use of drugs, which included
recommendations about the decriminalization of marijuana.

Conroy's client, Caine, was arrested for marijuana possession almost 10
years ago, when RCMP officers in White Rock noted a strong smell of
marijuana coming from a van in which Caine and another man were parked.

The partly smoked joint Caine produced for officers weighed 0.5 grams.

David Malmo-Levine of Vancouver and Ontario's Christopher James Clay are
the other men challenging the constitutional validity of the law.