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Cauchon says pot laws could be eased
By Hempology | July 16, 2002
Marijuana would still be illegal but simple possession could be decriminalized
From THE GLOBE AND MAIL, Tuesday, July 16, 2002
By Brian Laghi (Otttawa)
Ottawa will consider loosening up Canada’s marijuana laws, possibly by decriminalizing simple
possession of the drug.
Justice Minister Martin Cauchon made the suggestion yesterday while questioning the efficacy
of current pot laws and whether they are applied equally across the country.
He added, however, that the federal government would continue to make possession illegal,
although it might be preferable to replace jail sentences and criminal records with fines.
“We’re not talking about making it legal, we’re talking about possibility of moving ahead with what
we call decriminalization,” Mr. Cauchon said yesterday. “The question we have to ask is if the
system we have in place is efficient. We want to make sure it will still be illegal. But do we have to
keep it criminal?”
He added that he will wait for two seperate reports from parliamentary committees, one a senate committee,
on the issue of drugs before moving forward. The senate committee issued a preliminary report in May that
says there is no scientific evidence that cannabis leads users to harder narcotics. Its final report will
be released in September.
Last week, Britian decided to relax its possession laws. Starting next summer, police there will no longer
have the automatic power to arrest a person found with small quantities of marijuana. They will have the right
to confiscate the drug, but can only arrest someone when their use threatens public order or children.
Traffickers would still be liable for sentences of up to 14 years.
Yesterday, Mr. Cauchon referred to the British decision.
“There are some countries that have decided to move ahead because if you look at the system that
we have in place, keeping it criminal, it’s not very efficient,” he said. “Maybe we can find a way
to keep it illegal and be more constructive, more effective, more efficient as well.” Because
possession is still considered criminal, very often jurisdictions do not apply the law, he said.
He added that it was a bit too early to begin gauging cabinet support for the idea.
Canadian Alliance MP Randy White said Mr. Cauchon acted irresponsibly by making his remarks before
the release of the parliamentary reports.
“This is a substantial comment that he’s made,” said Mr. White, who sits on a House of Commons committee
examining the issue.
“If that’s how they run the country, by jumping into things without even knowing what they’re talking
about, then heaven help us.”
Cauchon’s pot proposal unclear, lawyer says
Mr. Cauchon said the government might also look at programs to help people who “are using such a substance.”
The government will consult with Canadians before proceeding.
Just a year ago, Prime Minister Jean chretien ruled out decriminalization. But the preliminary Senate
report issued two months ago found that most recreational users smoke marijuana irregularly, with 10
per cent becoming chronic users.
Alan Young, a civil rights lawyer and champion of decriminalization, said yesterday that it is unclear what
Mr. Cauchon is proposing. Most of those convicted of possession now do not go to jail, and the government
needs to ensure those caught with the drug do not receive a criminal record.
The real problem for most offenders is the employment and travel restrictions that a conviction
imposes upon them, he said.
“I’ve heard these things too many times before,” he said. “It’s a small step forward but it doesn’t really
address the problem.”
Any move to decriminalize simple possession of marijuana is likely to be unpopular with the United States
because of it’s relatively open border with canada, and could lead to trade difficulties.
Canada is already portrayed in the U.S. media as the source of a great deal of the pot – particularly
the potent B.C. bud – sold south of the border. When Ottawa began allowing marijuana to be used for
medical reasons, U.S. newspapers reported it as a sign of a soft stand on drug. The U.S. media has
suggested that as much as half of Canada’s marijuana goes south.
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