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December 25/03
Pot law does not violate charter: top court
CTV.ca News Staff
The Supreme Court of Canada has upheld a federal law that bans possession of small amounts of marijuana, saying it does not violate the Charter of Rights and Freedoms.
In Tuesday's 6-3 ruling, Canada's top court upheld the fines and jail times prescribed for possession of pot in the Criminal Code.
In a separate judgment, the court unanimously upheld a federal law prohibiting possession of marijuana for the purpose of trafficking.
The ruling comes as the federal government prepares to reintroduce legislation that would decriminalize marijuana in small amounts. The bill died when Parliament shut down last month to usher in Prime Minister Paul Martin's government.
"It just means that we can proceed as we always wanted to proceed," said Mario Lague, a spokesman for Martin.
"We're happy that the position of the Government of Canada was maintained."
The Supreme Court judgment, co-written by justices Charles Gonthier and Ian Binnie, said the court's concern was solely with the issue of constitutionality.
"We conclude that it is within Parliament's legislative jurisdiction to criminalize the possession of marijuana, should it choose to do so.
"Equally, it is open to Parliament to decriminalize or otherwise modify any aspect of the marijuana laws that it no longer considers to be good public policy."
Martin signalled last week that he would reintroduce the bill, which would make possession of less than 15 grams of pot a minor offence punishable by fines of between $100 to $400. The option of jail time and lasting records would be eliminated.
However, he has also said he would like to see a new definition of what constitutes "small amounts" and invited a parliamentary committee to consider lowering the limit from the proposed 15 grams.
The legislation proposed by Jean Chretien's government maintains or increases penalties for large-scale growers and traffickers.
While the bill did not legalize pot, critics fear the legislation sends the wrong message about drug use to young people. They also question how police would assess those who drive while high.
Tuesday's ruling involves a trio of cases: two marijuana activists and one man who was caught smoking pot. The three took their case to Canada's high court after failing to convince lower courts the pot law is unconstitutional.
The most colourful of the three is marijuana crusader David Malmo-Levine. Reacting to the decision, Malmo-Levine said the Supreme Court ruling will only make crime worse and fuel the black market for marijuana.
"I'm bummed out, man," he told The Canadian Press. "I was dreaming of a green Christmas but they grinched out on us.
"Their hearts are two sizes too small."
A second case involves Christopher Clay. He used a government loan to start Hemp Nation in London, Ont., where he sold marijuana seeds and seedlings.
Both Clay and Malmo-Levine argued smoking marijuana is a lifestyle choice.
Alan Young, Clay's lawyer and a professor at the University of Toronto, said six judges upholding the law and three who would invalidate the law is maybe the best that could be hoped for.
"I guess that's best we could hope for that we persuaded one third of the Supreme Court of Canada that this is a bad law," Young told CTV Newsnet.
The third case involves Victor Caine. He was arrested after lighting a joint in a van in a parking lot in White Rock, B.C.