|
Cannabis Campaigners' Guide News Database result:
|
|
CN: Pot's Still Illegal - Just Andy Ivens Province, The (CN BC) Sunday 04 Jun 2000 Pubdate: Sun, 04 Jun 2000 Source: Province, The (CN BC) Author: Andy Ivens POT'S STILL ILLEGAL - JUST Canada's law against simple possession of marijuana has been upheld by the B.C. Court of Appeal in two high-profile cases. But the 2-1 split in the decision handed down Friday means the possession law will almost surely be appealed to the Supreme Court of Canada for the final word on its constitutionality. Abbotsford lawyer John Conroy, who argued one of the cases, said he was encouraged by two facets of the 107-page decision. His client, Randy Caine, was convicted of possession of marijuana in 1993 after police in White Rock found him at the wheel of his van with 0.5 grams of the drug and evidence some had just been smoked. Caine was handed an absolute discharge, which means he will have no criminal record if he keeps the peace for six months. David Malmo-Levine, who argued his case without legal counsel, was convicted of one possession count and one count of possession for the purpose of trafficking. A police raid at the Harm Reduction Club in east Vancouver turned up 316 grams of marijuana he had offered for sale to the 1,800 club members hwo had signed undertakings not to smoke and drive. He received a one-year conditional sentence - no jail time if he meets a number of conditions. All three appeal judges agreed that the proper test of whether conduct should be a crime is whether the conduct is harmful to another person or to society - not merely that it's harm someone does themself through a conscious decsion. They found a crime can only exist if there is harm caused to society or others - but differed over the threshold of how much harm has been caused. But a strong dissenting opinion written by Justice Jo-Ann Prowse - together with the national importance of the law and its effect on millions of citizens - has Conroy encouraged that leave to appeal will be granted by the Supreme Court of Canada. In their ruling, Justices Tom Braidwood and Anne Rowles found that the harm caused by a conduct need only be something more than insignificant or trivial for the act to be a crime. Justice Prowse, however, found the harm caused must be "serious substantial or significant" before Parliament deem it a crime carrying sanctions such as imprisonment. She added: "In my view, the evidence does not establish that simple possession of marijuana presents a reasoned risk of serious, substantial or significant harm to either the individual or society or others." Justice Braidwood, on the other hand, concluded: "The evidence shows that the risk posed by marijuana is not large. "Yet it need not be large in order for Parliament to act. It is for Parliament to determine what level of risk is acceptable and what level of risk requires action." Pot: For and Against The Supreme Court of Canada will almost certainly have the final word on the constitutionality of the law that makes it a crime to possess marijuana. Here are some of the facts, as found by the B.C. Court of Appeal, that the high court would consider: * Marijuana is not addictive; * Physical dependence on marijuana is not a major problem. Psychological dependence, may be a problem for the chronic user. * There is no causal relationship between marijuana use and other forms of criminal behaviour. * There is no evidence marijuana is a gateway drug, and the vast majority of users do not go on to try hard drugs. * Marijuana does not make people aggressive or violent, but on the contrary tends to make them passive and quiet. * There have been no deaths from the use of marijuana. Harms associated with marijuana itemized by the LeDain Commission in 1971 are: * A probably harmful effect on the maturing process in adolescence; * Implications for safe driving arising from impairment of mental and motor skills; * The possibility that long-term heavy use may result in a significant amount of mental deterioration and disorder; and * Lowering of inhibitions about drug experimentation.
After you have finished reading this article you can click here to go back.
|
This page was created by the Cannabis Campaigners' Guide.
Feel free to link to this page!