Canada: High Court Marijuana Case in Limbo (Told ya so)

Ottawa Citzen ^ | Dec. 13, 2002 | Janice Tibbetts

[Wolfie]

High Court Marijuana Case in Limbo

The Supreme Court of Canada judges have written a letter questioning whether they should proceed with a federal government case against marijuana smoking today, given that Justice Minister Martin Cauchon says he is going to decriminalize the drug.

As soon as the judges read about Mr. Cauchon's announcement earlier this week, the court wrote lawyers for the federal government and three marijuana enthusiasts, asking whether the case should be put on hold in light of the developments.

At the same time that Mr. Cauchon is planning decriminalization, his own Justice Department lawyers are scheduled to argue in the Supreme Court today that marijuana is a dangerous drug that should be outlawed.

The government has filed a report with the court that connects marijuana use to driving accidents, upper-airway cancer, psychiatric problems and drug addiction, among other things.

"Marijuana is not a benign substance and potentially is more harmful than presently known," the Justice Department argues in a written submission.

Meanwhile, Mr. Cauchon is planning to accept a recommendation of a special parliamentary committee, which reported yesterday that people caught with less than 30 grams of marijuana -- the equivalent of 25 to 30 joints -- should be given a fine akin to a parking ticket rather than be saddled with a criminal record.

"There's a certain inconsistency in announcing decriminalization and going into court and saying this substance is sufficiently harmful to warrant a criminal sanction," observed Toronto lawyer Alan Young.

Three marijuana smokers --two from British Columbia and one from Ontario -- are challenging the government on constitutional grounds, arguing that outlawing marijuana is a violation of their right to life, liberty and security of the person.

[Wolfie]

On another thread I stated that I thought Cauchon's decim proposal was just a ploy to throw off the Supreme Court case, which could very well strike down all marijuana laws. I thought I was just cynical, but I guess I wasn't cynical enough.

[Britton J Wingfield]

potentially is more harmful than presently known,"

I think that describes every substance known to man.

[steve50]

They had me fooled. I should have know better, considering the games they played with their medical law. I'm sure they'll manage a way to avoid legislation next year, another 10 year "study" should be good for killing time.

[Wolfie]

Of course. Another study or 2 (or 3,4,5). It'll never happen unless America gives the ok.

[Wolfie]

I should add that once the Supreme Court case is scuttled (which took about 2 years or so to make it to the docket), the decrim talk will end, and the whole dog and pony show will start up again.

[Wolfie]

ping

[headsonpikes]

Decriminalization if necessary, but not necessarily decriminalization.

That's the Canadian Way. ;^)

[vin-one]

Wolfie, you did call that right, hoping against hope it doesn't get hamstrung
Not sure how the Supreme's up North would put but with a Shell game.
I thought they had taken a pretty hard stance on this issue.
But since the Big neighbor to the south has a lot of pull up North.
I guess wait and see

[jmc813]

I must say that whomever decided to post the keyword "Mr. Leroy is dumb" is oh so mature, considering he is not even involved in this thread yet. Hell, maybe he's so hurt by it that he won't even show up on this one.

[IMHO]

The Judges took advantage of the delay to order a pizza with everything, two bags of Reese's Peanut Butter Cups, and a box of Cinnamon Toast Crunch....

[philman_36]

Good call.

[MrLeRoy]

I must say that whomever decided to post the keyword "Mr. Leroy is dumb" is oh so mature, considering he is not even involved in this thread yet.

I must be doing something right. I wonder if the person who did that will have the backbone to take 'credit' for it---or are they just another Drug Warrior coward?