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History of the Marijuana Debate in Canada
Seminal
moments in the history of Canadian drug policy.
Canada’s drug laws have been in dispute for decades. The proposed
legislation to decriminalize possession of small amounts of marijuana
comes after years of protest and lobbying by advocates for the
medicinal use of marijuana, as well as proponents of the substance – who
view it safe for recreational use.
1923: the Opium and Drug Act
Marijuana is initially banned in Canada under the 1923 Opium
and Drug Act. Even in 1923, opponents criticize the
harsh penalties imposed for its possession.
1970: Commission of Inquiry into the Non-Medical Use of Drugs
Pierre Trudeau’s Liberal government commissions an Inquiry
into the Non-Medical Use of Drugs. The Commission delivers an
interim report in June 1970, calling for the decriminalization
of all drugs. Analysts call it, "one of the most politically-explosive
documents ever put before the government." Going far beyond
suggesting decriminalizing marijuana, Commission chair Gerald
LeDain recommends a mere fine of $100 for possession of any drug,
including "hard drugs" like cocaine and heroin. That
recommendation is immediately rejected. For more, visit the CBC
Archives.
1997: Controlled Drugs and Substances Act
Marijuana (also known as cannabis) remains an illicit substance
under the Controlled
Drugs and Substances Act passed by both Houses of Parliament
in 1997.
Critics of the legislation, including the federal Marijuana
Party of Canada, rally around calls to repeal the Act.
Marijuana in the Courts
In July 2000, the Ontario
Court of Appeal rules in favour of the medicinal use
of marijuana. The court rules that banning medicinal marijuana
violates the Charter
of Rights and Freedoms.
In July 2001, Canada adopts the Marijuana
Medical Access Regulations. This regulatory framework
makes Canada the first country in the world to adopt a
system regulating the medicinal use of marijuana.
In January 2003, another Ontario court, in Windsor,
rules on a case regarding the recreational use of marijuana.
The court decides that Canadian laws regarding the possession
of small amounts of marijuana are not valid. Justice Douglas
Phillips dismisses drug charges against a 16-year-old caught
with a small amount of the drug. In his ruling, Justice Phillips
states that Parliament has not properly addressed problems with
Canada’s marijuana laws.
The Supreme Court of Canada (SCC)
weighs in on December 23, 2003. The SCC rules
that Canadian laws against the possession of small amounts of
marijuana do not violate the Charter
of Rights and Freedoms.
As previously mentioned, May 2003 sees the first
introduction of a bill to change Canada’s marijuana laws
by the federal Liberal government. Then Justice Minister, Martin
Cauchon, introduces Bill C-38 to decriminalize the possession
of small amounts of marijuana.
Bill C-38
- Introduced in May 2003, but dies on the Order Paper in November
2003 when soon-to-be-departing Prime Minister
Jean Chrétien ends the existing legislative
session in advance of his retirement from politics.
- As it stands, those convicted of possessing even very small
quantities of marijuana receive criminal records and face
the threat of time in jail.
- Bill C-38 proposes that existing criminal sanctions for
marijuana possession be replaced by a two-tier system
of fines – similar to parking tickets.
- Those caught with less than 15 grams (around .5
ounces) of marijuana would face…
- Civil fines ranging from $150 to
$250 for those under the
age of 18, or from $150
to $400 for adult offenders.
- While for those caught with between 15 and 30 grams
of marijuana…
- Police would have the discretion to issue
a civil fine or to summon
offenders to appear in criminal
court.
- The bill did not deal with the medical use of marijuana.
- Bill C-38 also made provisions to increase penalties
for growing marijuana. The maximum penalty
for marijuana cultivation (growing more than 50 plants)
is to double from seven to fourteen years
in jail.
Bill C-17
Bill
C-17 is the latest bill, introduced by the federal
government, to propose decriminalizing the possession of
marijuana. Justice Minister Irwin
Cotler is sponsoring the bill. Bill C-17 is
virtually identical to Bill C-38, but is still open for
debate and revisions by the House of Commons and the Senate.
To a large extent, Bill C-17 has been proposed to relieve the judicial
gridlock that has resulted from the enforcement of existing marijuana
laws. In 2000, over 30,000 Canadians were charged with simple
possession of marijuana. Moreover, studies have found that the
law is applied inconsistently across the country. While most
of those convicted of possessing marijuana do not spend time
in prison, they do receive a criminal record.
Brian McAllister, the lawyer who won the January 2003 case for a
young recreational marijuana user in Windsor, Ontario, comments, "I
think it's …satisfying to know that this particular law
has been declared invalid, particularly given how burdensome
it is in terms of criminalizing the behaviour that hundreds of
thousands of Canadians engage in."
Parliamentary Committees
The proposed legislation also responds to two legislative committees
that have studied the effects of Canadian laws regarding the
use of marijuana in recent years:
Special Senate Committee on Illegal Drugs
The Special
Senate Committee on Illegal Drugs reviewed Canada's
current anti-drug policies and legislation. The Committee,
headed by Senator
Pierre Claude Nolin, publicized its findings in September
2002. The Committee found…
- Marijuana is not a gateway to the use of
harder drugs such as cocaine and heroin;
- Fewer than 10 percent of users become addicted;
- Significant public money is spent on law enforcement, while
public policies do not discourage use of marijuana;
- and, According to Nolin, "scientific evidence overwhelmingly
indicates that cannabis is substantially less harmful than
alcohol and should be treated not as a criminal issue but
as a social and pub lic health issue."
House of Commons Special Committee on the Non-Medical Use
of Drugs
The
House of Commons Special Committee on the Non-Medical Use
of Drugs attempted to design an overall Canadian strategy
on drugs. In December 2002, the Committee
reported that while the use of marijuana is unhealthy,
current criminal penalties for possession and use of small
amounts of cannabis are disproportionately harsh. The Committee
recommends the Canadian Health
Minister as well as the Minister
of Justice devise a strategy to decriminalize the possession
and cultivation of thirty grams or less of cannabis for
personal use.
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