NEW LAW JUST THE TICKET

OTTAWA -- One day, in the not-too-distant future, a cop could spot a
teenager smoking a joint and, instead of issuing the young adult a summons
to appear in court, the offender will receive a ticket.

As with any traffic or parking ticket the choice will be plead guilty and
pay a fine within 30 days or take a chance with the cop and the courts.
Whatever way is chosen, there will be a record of the offence but the
accused will not face a criminal record that could haunt him or her for
years to come.

That is what federal Justice Minister Martin Cauchon foresees when he talks
about decriminalizing simple possession, for personal use, of the evil weed.

Move Ahead Quickly

It shows how far Canadian society has come in just a few short years.

Cauchon wants to have his legislation before the House before it recesses
for the summer.

"I'd like to," he told Sun Media in an interview, adding, "we're trying to
move ahead as quickly as we can."

More than 30,000 Canadians are charged under the Criminal Code every year
for simple possession of pot. Conviction can mean up to six months in jail
and a maximum fine of $1,000.

The problem, Cauchon says, is the law is not enforced consistently across
the country.

"There's a special regime in place now - from zero to 30 grams - and what
I'm saying is when you have a (law) that you don't apply in a meaningful
(way) across Canada, and (it doesn't) reflect where you are as a society, I
believe it's time to look at it," said Cauchon.

In a speech in Toronto last month, Cauchon called the law a "blunt
instrument" that is only effective if it is applied equally from coast to
coast.

But the justice minister said that is no longer the case in Canada.

"Children ... may not be charged if they are caught in Toronto, but kids in
small towns ... are being charged for exactly the same behaviour" and are
"ending up with a criminal conviction."

Cauchon believes that moving away from selective enforcement to issuing
tickets to offenders would actually result in more enforcement of the
possession offence, noting that has been the experience in Australia.

A Commons committee has recommended that Canadians caught with less than 30
grams of pot - about enough to fill a sandwich bag - be issued a ticket and
a fine.

A Senate committee, however, went much further, recommending outright
legalization of cannabis for anybody 16 and over. That would make Canada
one of the most cannabis-friendly nations in the world.

Cauchon has rejected that idea, telling Sun Media that making grass a
controlled but legal substance "is not the message that we want to send as
a society and as a government. The use of marijuana is harmful to our
population and we're not talking about changing the law, we're talking
about being more effective and more efficient" in enforcement.

The vast majority of Canadians seem to agree with Cauchon's approach. A
SES/Sun Media poll in February showed 69% of Canadians favoured the
decriminalization of possession of small amounts of marijuana. Support was
strong in all regions of the country and among all age groups.

"My belief is that people understand now that we're not talking about
legalizing. We're talking about decriminalization," said Cauchon.

It's an important distinction and one the minister hopes will be understood
by the U.S., which has some of the toughest drug laws anywhere. But even
there, Cauchon says, some state governors are taking a more liberal view of
small amounts of pot.

Still Some Hurdles

Cauchon still has some hurdles to jump, which is why introduction of
legislation on the issue has been delayed. He confidently predicted to
reporters late last year that he would have a bill before the House by the
end of March. Now, there is no certainty it will happen before Parliament's
summer recess.

One problem concerns the issue of impairment. Unlike alcohol, there is no
roadside breathalyser to test for impaired judgment caused by smoking
marijuana.

It's a complicated matter, because evidence of the drug can stay in a
person's bloodstream for up to 20 days, Cauchon said.

Another issue that will have to be confronted is whether there should be an
amnesty for the thousands who have criminal records for simple possession
for personal use.

"I don't want to touch that question for the time being," the minister said.