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News (Media Awareness Project) - Canada: Editorial: Cannabis And The Law
Title:Canada: Editorial: Cannabis And The Law
Published On:2003-01-04
Source:Globe and Mail (Canada)
Fetched On:2008-01-21 15:41:43
CANNABIS AND THE LAW

That's What The Chretien Government Gets For Cutting Corners.

In July of 2000, the Ontario Court of Appeal declared that Canada's law
prohibiting simple possession of marijuana was unconstitutional, because it
denied sick people the right to use an effective drug to treat nausea from
chemotherapy, intraocular pressure from glaucoma and other such pain. The
court gave Parliament a year to amend the law, failing which it would be
invalid in Ontario.

The cabinet, cavalierly bypassing Parliament, simply adopted a regulation
to that effect. Somebody noticed. A judge of the Ontario Court agreed this
week that the grace period has expired, that Parliament did not amend the
law, that a cabinet regulation did not meet the required standard and that
the law against possession is therefore invalid in the province. Ottawa is
appealing the ruling.

Beyond highlighting the government's disdain for Parliament, the case
reminds us of the problems with a system that makes criminals of thousands
of Canadians for possessing small quantities of a psychotropic drug. Rather
than appeal, Ottawa should just amend the law to exempt medicinal marijuana
- -- and prepare the way for the overdue decriminalization of all simple
possession of cannabis.
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