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Canada: Editorial: Cannabis of Worms

Globe and Mail (Canada)

Monday 19 Mar 2001

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Putting one's house in order is all very well. But if the neighbours
don't like what you've done they can get mighty upset. Just ask the
Dutch.

Last Thursday, the Supreme Court of Canada agreed to hear the case of a
convicted marijuana-smoker who will argue that federal prohibition laws
are unconstitutional because there is no proof the drug is harmful. If
the court agrees, Canada's hundreds of thousands of cannabis aficionados
will cheer. Equally predictable, a howl of angry dismay will erupt from
authorities south of the border.

At immediate issue is the 1997 conviction of Chris Clay of London, Ont.,
who sold some cannabis to an undercover police officer. At trial, the
judge concurred with Mr. Clay's contention that marijuana appears to
cause no serious or physical damage, but said his hands were tied by the
law. The Ontario Court of Appeal upheld the verdict. Now Canada's top
court has agreed to weigh in.

Canada's soft-drugs debate has dragged on for more than 30 years. In
1973, the LeDain commission urged that criminal sanctions for marijuana
users be phased out. Since then, the Canadian Bar Association, the
Canadian Council of Churches and numerous police leaders have issued
similar calls for decriminalization, as distinct from legalization.

Yet the law remains awash in contradiction. On the one hand, police are
no longer required to fingerprint cannabis users found with less than 30
grams. On the other, Statistics Canada data show that in 1999, arrests
for pot possession soared by 16 per cent, even as the use of heroin and
cocaine appeared to dip.

In sum, there may well be a case for a rethink. But as has long been
evident in the Netherlands, tolerating cannabis use in an increasingly
borderless world can stir wide animosity.

The Dutch policy, in place for 25 years, has been not to enforce the
law. Provided they follow strict rules -- no hard drugs, no minors --
all those smoky coffee shops can sell their smorgasbord of marijuana and
hashish without hindrance. The proprietors even pay income tax, and
perhaps familiarity does breed some contempt. Dutch teenagers' rate of
drug use is among the lowest in Europe.

But that hasn't eased the hostility of neighbouring countries, notably
France and Britain, which with some justification perceive the
Netherlands as a bustling drug supermarket that ships its wares around
the world.

Under amendments to the Controlled Drugs and Substances Act, Canadians
with certain medical disabilities are already permitted to possess small
amounts of marijuana and hashish. But if Canada were to decriminalize
cannabis entirely, anger similar to that in Europe would be certain from
the United States, which is already irate at receiving Canada's annual
export of hundreds of tonnes of marijuana - -- yes, hundreds -- chiefly
from British Columbia and Quebec.

That is not a factor likely to have any bearing on the Supreme Court's
eventual decision, nor should it. But if Mr. Clay prevails, Canada may
expect a cross-border row that will be deafening.


 

 

 

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