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URL: http://www.mapinc.org/drugnews/v05/n147/a09.html
Pubdate: Tue, 18 Jan 2005
Source: Pincher Creek Echo (CN AB)
Copyright: 2005 Pincher Creek Echo
Contact: editor@pinchercreekecho.com
Website: http://www.pinchercreekecho.com
Details: http://www.mapinc.org/media/1835
Author: Russell Barth
Referenced: http://www.mapinc.org/drugnews/v05/n053/a03.html


POT NOT ENTIRELY CRIMINAL

Editor, The Echo;

Re: Pot, Cons And Pilferers by Fraser Tingle, ( Jan. 11, 2005 )

The Pincher Creek RCMP issued a press release last week "to remind people that possession and use of marijuana is still a criminal offence in Canada." Actually, this is not entirely true. The Parker Decision of 2000, and the Hitzig Decision of 2003 have put the law prohibiting the possession of cannabis on such shaky ground, that in the spring of 2003 an Ontario Superior Court found the law to be "of no force and effect". Once a law is struck down it cannot be resurrected. It must be legislated back into effect.

Many people have launched constitutional challenges to the law, and had their charges dropped. Michele Kubby has launched a challenge which might see a solid court decision on this by the spring.

Furthermore, the Liberal's so called "decrim" bill is nothing at all like decriminalization, it is in fact an alternative penalty legislation, designed specifically to draw even more people into the criminal justice system. The legislation will cost a fortune, clog our court rooms, and give the dealers and growers a big raise, which raises the question of just which side of the law the government is really on. Why the media continues to aid the government in misleading the public is another mystery. Fraser Tingle should do more research on this subject.

Russell Barth

Educators For Sensible Drug Policy

Ottawa




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