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Canada: Cauchon Considers Relaxing Marijuana Law
Janice Tibbetts National Post (Canada)
Tuesday 16 Jul 2002 Decriminalization: Small-Time Users Would Get A Fine Like A Parking Ticket OTTAWA - Martin Cauchon, the Minister of Justice, says Canada is seriously considering decriminalizing marijuana possession because the current system encourages a patchwork of criminal charges across the country. After years of debate, Mr. Cauchon's revelation that he is contemplating action is the closest any minister of justice has come in recent years to acknowledging that saddling people with criminal records for recreational drug use might not be fair or an efficient use of police resources. "There is discussion to find ways to be more efficient, more effective," Mr. Cauchon confirmed yesterday. "We're not talking about making it legal; we're talking about the possibility of moving ahead with what we call decriminalization." The proposal would mean handing small-time users a fine akin to a parking ticket rather than criminally charging and arresting them and forcing them through the court system. Mr. Cauchon said he would wait for recommendations from a Senate committee studying decriminalization and consult widely with Canadians before replacing the federal law. The Senate committee, which has held hearings across the country, will produce a report by late summer that is expected to recommend relaxing marijuana possession laws. Mr. Cauchon acknowledged Britain's move last week to reclassify cannabis is a factor in his decision. However, his proposal goes further than that in the United Kingdom, which still plans to maintain marijuana possession as a criminal offence, but is instructing police not to lay charges if people have the drug for their personal use. Mr. Cauchon said the current system in Canada, in which police in some provinces lay charges while others do not, might not be working as it should. Also, some people are getting off entirely because police do not want to lay charges when a criminal record is at stake, he said. "If you look at the system that we have in place, keeping it criminal, it's not very efficient," he said. "Depending where you are across Canada, they apply or they don't apply the legislation that we have." The prospect is a dramatic change of heart for Mr. Cauchon, who said this year that society is not ready for decriminalizing marijuana. There were signs yesterday that he will encounter fierce opposition if he moves ahead, even from within the federal Cabinet. Lawrence MacAulay, the Solicitor-General, voiced concerns and police promised to fight any move to decriminalize what they say is the "gateway drug" that leads to more serious drug use. "Drugs are a very serious problem in this country and what we have to do is do what's right and make sure we have the proper rules and laws in place," Mr. MacAulay said. "Law enforcement is quite concerned about the drug problem in this country and they'll certainly be involved, too, before any changes are made." Grant Obst, president of the Canadian Police Association, said decriminalization would hamper efforts to catch drug traffickers because police would not be able to use the threat of a criminal record to extract information from people about where they bought their marijuana. "It sort of gives you the hammer," said Mr. Obst, a Saskatoon police officer. "I really hope we get to consult with the Minister before any dramatic moves are made in this regard." Mr. Obst said the threat of a criminal record also deters some people from getting involved in marijuana smoking, which he maintained can lead to more serious drug use. Proponents of decriminalization argue it would free police to deal with more serious crimes. The federal government is considering moving possession from the Criminal Code and putting it in a less serious piece of non-criminal legislation called the Contravention Act, Mr. Cauchon said. He refused to provide further details about federal plans. There has been mounting pressure on the federal government to decriminalize possession of small amounts of marijuana, including a call from the Canadian Medical Association Journal, which said last year that the more than 1.5 million Canadians who smoke marijuana should not risk the indelible tattoo of a criminal record.
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