T
The420Guy
Guest
OTTAWA -- The Supreme Court of Canada judges have written a letter questioning whether they should proceed with a federal government case against pot smoking today, given that Justice Minister Martin Cauchon says he is going to decriminalize marijuana.
As soon as the judges read about Cauchon's announcement earlier this week, the court wrote lawyers for the federal government and three marijuana enthusiasts, asking whether the case should be put on hold in light of the developments.
At the same time that Cauchon is planning decriminalization, his own Justice Department lawyers are scheduled to argue in the Supreme Court today that marijuana is a dangerous drug that should be outlawed.
The government has filed a report with the court that connects marijuana use to driving accidents, upper-airway cancer, psychiatric problems and drug addiction, among other things.
"Marijuana is not a benign substance and potentially is more harmful than presently known," the Justice Department argues in a written submission.
Meanwhile, Cauchon is planning to accept a recommendation of a special parliamentary committee, which reported Thursday that people caught with less than 30 grams of marijuana -- the equivalent of 25 to 30 joints -- should be given a fine akin to a parking ticket rather than be saddled with a criminal record.
"There's a certain inconsistency in announcing decriminalization and going into court and saying this substance is sufficiently harmful to warrant a criminal sanction," observed Toronto lawyer Alan Young.
Three pot smokers, two from British Columbia and one from Ontario, are challenging the government on constitutional grounds, arguing that outlawing marijuana is a violation of their right to life, liberty and security of the person.
Young is representing Christopher Clay, who owned a store in London, Ont., called the Great Canadian Hemporium, which sold marijuana paraphernalia and plant seeds.
The other two litigants are David Malmo-Levine, a Vancouver activist who formed the 1,800-member "Harm Reduction Club" for marijuana smokers, and Victor Caine, another British Columbian who was convicted of possession for sharing a joint with a friend in his car while parked at a beach near Vancouver.
Amid the confusion over the government's position, the court will hold a mini-hearing this morning asking lawyers from all sides whether they think the case should be postponed.
The concern is that Cauchon's revelation might have an impact on the case and that all sides might therefore need time to reconsider their arguments.
"The court is concerned that this development may impact on the appeals both in terms of the evidence and the position that may be taken by the attorney general and other parties," court registrar Anne Roland wrote on behalf of the judges.
Justice Department lawyers argue that the case should go ahead, regardless of their minister's statements.
In a letter to the Supreme Court, they say that the precedent-setting appeal, in which three Canadians are seeking the constitutional right to get stoned, "transcends" Cauchon's plans to decriminalize small amounts of pot.
Under Cauchon's scheme, smoking marijuana still would remain illegal, but the punishment would change.
Canadian police and the U.S. drug control czar said easing the penalties is a step in the wrong direction.
"The message this sends to our youth is that we are trivializing the use of marijuana," said Mike Niebudek, vice-president of the Canadian Police Association.
And John Walters, director of the U.S. office of drug control policy, held a news conference in Buffalo where he warned that softer drug policies in Canada could create border security problems and contribute to an increased flow of Canadian-grown pot to the U.S. market.
Walters warned of lax attitudes "left over from the Cheech and Chong years of the '60s," and cautioned against "reefer-madness madness."
Pubdate: Dec. 13, 2002
Source: Ottawa Citizen (CN ON)
Website: Canada.Com
Forum: https://discussion.canada.com/user/forums.asp
Copyright: 2002 The Ottawa Citizen
Author: Janice Tibbetts
As soon as the judges read about Cauchon's announcement earlier this week, the court wrote lawyers for the federal government and three marijuana enthusiasts, asking whether the case should be put on hold in light of the developments.
At the same time that Cauchon is planning decriminalization, his own Justice Department lawyers are scheduled to argue in the Supreme Court today that marijuana is a dangerous drug that should be outlawed.
The government has filed a report with the court that connects marijuana use to driving accidents, upper-airway cancer, psychiatric problems and drug addiction, among other things.
"Marijuana is not a benign substance and potentially is more harmful than presently known," the Justice Department argues in a written submission.
Meanwhile, Cauchon is planning to accept a recommendation of a special parliamentary committee, which reported Thursday that people caught with less than 30 grams of marijuana -- the equivalent of 25 to 30 joints -- should be given a fine akin to a parking ticket rather than be saddled with a criminal record.
"There's a certain inconsistency in announcing decriminalization and going into court and saying this substance is sufficiently harmful to warrant a criminal sanction," observed Toronto lawyer Alan Young.
Three pot smokers, two from British Columbia and one from Ontario, are challenging the government on constitutional grounds, arguing that outlawing marijuana is a violation of their right to life, liberty and security of the person.
Young is representing Christopher Clay, who owned a store in London, Ont., called the Great Canadian Hemporium, which sold marijuana paraphernalia and plant seeds.
The other two litigants are David Malmo-Levine, a Vancouver activist who formed the 1,800-member "Harm Reduction Club" for marijuana smokers, and Victor Caine, another British Columbian who was convicted of possession for sharing a joint with a friend in his car while parked at a beach near Vancouver.
Amid the confusion over the government's position, the court will hold a mini-hearing this morning asking lawyers from all sides whether they think the case should be postponed.
The concern is that Cauchon's revelation might have an impact on the case and that all sides might therefore need time to reconsider their arguments.
"The court is concerned that this development may impact on the appeals both in terms of the evidence and the position that may be taken by the attorney general and other parties," court registrar Anne Roland wrote on behalf of the judges.
Justice Department lawyers argue that the case should go ahead, regardless of their minister's statements.
In a letter to the Supreme Court, they say that the precedent-setting appeal, in which three Canadians are seeking the constitutional right to get stoned, "transcends" Cauchon's plans to decriminalize small amounts of pot.
Under Cauchon's scheme, smoking marijuana still would remain illegal, but the punishment would change.
Canadian police and the U.S. drug control czar said easing the penalties is a step in the wrong direction.
"The message this sends to our youth is that we are trivializing the use of marijuana," said Mike Niebudek, vice-president of the Canadian Police Association.
And John Walters, director of the U.S. office of drug control policy, held a news conference in Buffalo where he warned that softer drug policies in Canada could create border security problems and contribute to an increased flow of Canadian-grown pot to the U.S. market.
Walters warned of lax attitudes "left over from the Cheech and Chong years of the '60s," and cautioned against "reefer-madness madness."
Pubdate: Dec. 13, 2002
Source: Ottawa Citizen (CN ON)
Website: Canada.Com
Forum: https://discussion.canada.com/user/forums.asp
Copyright: 2002 The Ottawa Citizen
Author: Janice Tibbetts