High Court Marijuana Case in Limbo

[boulder]

Source: Ottawa Citizen

 

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.