Newshawk: [EMAIL PROTECTED] Pubdate: Wed, 02 Aug 2000 Source: Vancouver Sun (CN BC) Copyright: The Vancouver Sun 2000 Contact: [EMAIL PROTECTED] Address: 200 Granville Street, Ste.#1, Vancouver BC V6C 3N3 Fax: (604) 605-2323 Website: http://www.vancouversun.com/ A WELCOME NUDGE TO REVIEW POT LAWS With a year's grace to respond to a court ruling, the federal government should undertake a comprehensive view of all aspects of marijuana legislation, including public consultations. When the Ontario Superior Court ruled that Terry Parker has a Charter-guaranteed right to smoke marijuana to treat his epilepsy, the federal government was not pleased. Ottawa went to the Ontario Court of Appeal, which increased government unhappiness greatly by striking down the possession law. The three judges of the court found the outright ban of marijuana forced Mr. Parker to choose between his health and imprisonment. That is inconsistent with the principles of justice. It is not enough, the court ruled, for the federal health minister to provide special dispensation to people who have a medical requirement to use the drug. However, the court hasn't thrown the law out -- yet. It gave the government a year to appeal to the Supreme Court of Canada, amend the law or simply let it die. If the government shuns the first two options and does nothing, it will mean Canada no longer has any law prohibiting marijuana possession. It's easy to argue why doing nothing might be the wisest course. Ontario's courts have recognized marijuana's medicinal value. The B.C. courts have declared that its possession and use create an insubstantial risk of harm. Hardly anyone is ever charged with mere possession for personal use any more. De facto legalization might limit the involvement of organized crime and the dangers of underground as well as household grow operations; this would reduce demands on police. A happy side-effect of de facto legalization is the potential to tax marijuana, which would fund any number of social programs. However, the do-nothing option would leave us with an absurd situation where it's legal to possess marijuana, but not to grow or sell it. Since marijuana was declared a narcotic in 1923, 600,000 Canadians have received criminal records for simple possession. That's an absurdity that led to another -- a law that is rarely enforced yet, when it is, it leads to a sentencing crap-shoot. A man in B.C. convicted of the same offence as Mr. Parker received an absolute discharge. On a different day with a different judge, the sentence could range from nothing to a maximum of seven years. As The Sun reported last spring, "In the absence of serious social and political debate, this is how marijuana policy is being written: one sentence at a time." Laws that are not enforced should be expunged, and sentences for those that are should be evenly applied. The court rightly said its place is not to write the law. That's for the government. Whether the government goes for legalization or more defensible laws prohibiting possession, what's needed is a rational and comprehensive review of all aspects of marijuana legislation and the public must be heard. The 12 months' grace provided by the court is not a long time. The federal government should start that review process now. __________________________________________________________________________ Distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. --- MAP posted-by: Keith Brilhart www.mapinc.org __________ EcoNews Service - Alternative News: Ecology, Consciousness & Universe Politics mailto:[EMAIL PROTECTED] USA http://www.ecologynews.com CZECH http://mujweb.cz/www/ecologynews/ UK http://members.tripod.co.uk/ecologynews/ Canada http://www.ecologynews.com <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! 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