CALL TO LEGALIZE MARIJUANA STIRS DEBATE IN CANADA

TORONTO - For the first time since the early 20th century, a panel of
Canadian senators has recommended legalizing possession and use of
marijuana for anyone over age 16.

The report, officially issued last week by the Senate Special Committee on
Illegal Drugs, estimated that 1.5 million Canadians routinely smoke
marijuana and 600,000 have criminal records because of it. The Senate has
also recommended the federal government pardon those currently jailed on
possession charges.

Canada's judges, including its Supreme Court, will start to shape the
future of marijuana as they take up contradictions in the country's
approach to the substance.

On Tuesday, a Nova Scotia Supreme Court judge is scheduled to rule on a
case involving a man convicted of conspiring to grow and sell marijuana.
Last March, Michael Patriquen, 49, the man at the center of the case,
pleaded guilty to the 1999 charges. But in July, he received a federal
government permit allowing him to grow and use marijuana for medical purposes.

As a result, sentencing was delayed when Patriquen's lawyer argued he
should not be incarcerated unless the Canadian justice system can guarantee
him a supply of marijuana while he is behind bars.

Three doctors have supported Patriquen's claim that he needs the drug to
ease the extreme pain caused by a car accident.

"If sentenced, I will be subjected to a cruel and unusual punishment with
no medical relief whatsoever," Patriquen said. "So we are asking for an
adjournment until such time as pot is available in prison, if that's not
too much to ask."

On Dec. 13, lawyers for three convicted marijuana smokers will argue before
the federal Supreme Court that federal laws banning possession, cultivation
and trafficking of the plant are unconstitutional.

The legal debate will center on whether jailing Canadians for using a
relatively harmless substance violates constitutional protections of life,
liberty and security of the person.

Despite widespread concerns about U.S. reaction to any move to loosen drug
laws, federal Justice Minister Martin Cauchon has said Canada's drug laws
are outdated and should be relaxed.

Anne McClelland, Canada's health minister, has said clinical trials to
determine any medical benefits of marijuana probably will begin this fall.

Polls have shown a majority of Canadians favor decriminalization - though
not outright legalization - of marijuana. Support for decriminalization
also is backed by the Canadian Association of Chiefs of Police, the
Canadian Center for Substance Abuse, the Canadian Medical Association and
the Canadian Bar Association.

But not everyone is jumping aboard the marijuana bandwagon. In an
editorial, the Toronto Star supported decriminalization, but said
legalizing the drug "must make every teacher and parent shudder."