Posted December 13, 2002
Analysis by Richard Cowan

Today, the Canadian Supreme Court – in a move literally without
precedent – delayed the oral arguments on the challenges to Canada’s cannabis
laws until next year.

On Wednesday, I reported that the prohibitionists were saying
that the Justice Minister made his announcement on a “decriminalization” bill in
order to push various scandals off the front page.
See
As Canada Moves Toward
Some Form Of Decriminalization, Canadian Narks and Walters Escalate Lying. The
New Math. “Canada Replaces Mexico” As Leading Supplier of Cannabis. And If You
Believe That…

However, in yesterday’s Globe and Mail, Paul Burstein, one of
the attorneys for our side was quoted as saying, “Call me cynical, but I don’t
believe him… I don’t see these efforts as being anything more than an attempt to
influence the litigation.”

In fact, while the government’s attorney told the court that
they wanted to proceed with the hearing, the Court pointed out that the Justice
Minister was saying in public that the punishment did not fit the crime, and
they asked if the government would then stipulate to that in court, and they
refused. Instead, they were making a number of claims about the supposed dangers
of cannabis, including the bizarre statement, “Marijuana
is not a benign substance and potentially is more harmful than presently
known…”

That turns the Charter of Rights on its head. We have to do
research to justify freedom? Cannabis has to be kept illegal because the
government may eventually find a reason for arresting people?

So the court used that as an excuse to put the whole question
off until the Spring session, but without a date certain. The arguments had
originally been scheduled for the Spring of this year.
See
Extraordinary
Editorial in Winnipeg Free Press Outlines “Findings of Fact” In Possession Case
to Be Heard by Canadian Supreme Court.

I think that time is on our side, and the delay, as inexcusable
as it is, will strengthen our position. Nonetheless, this highlights the need
for a real debate on cannabis prohibition in Canada and in all of the western
democracies.

It is quite clear that the Canadian parliament is incapable of
carrying such a debate, because it is controlled by the ruling Liberal party
that gets whatever it wants, which is to be reelected. The Supreme Court may
eventually be the venue for the legal arguments, but it is not the place for a
public debate.

There is a unique reason that such a debate is almost a
constitutional requirement in Canada.

The Canadian Charter of Rights is a 20th century
document that is different from the late 18th century US Bill of
Rights in a number of ways. One of the most striking differences is that it
begins with the statement, “The
Canadian Charter of Rights and Freedoms
guarantees the rights and freedoms set out in it subject
only to such reasonable limits prescribed by law as can be demonstrably
justified in a free and democratic society.”

That last phrase: “demonstrably justified in a free and
democratic society” clearly means that the burden of proof is on those who would
restrict freedom. That is as it should be, and makes the government’s position
all the more absurd.

However, it also necessarily raises the question as to how
something can best be “demonstrably justified in a free and democratic society.”

In a representative democracy it would seem natural just to
delegate that process to the legislature, but – institutional problems aside –
the Canadian Parliament has never even taken note of the appallingly racist
origins of Canadian cannabis prohibition.
See
The Racist Origins Of
Canada’s Marijuana Prohibition Reported In the National Post.

While the

Canadian Senate report recommending that cannabis be legalized was
well thought out, the

Commons report was clearly nothing more than a shallow political
compromise among prohibitionists. For example, it talked about the need for
“education,” but it says, “Smoking any amount of marijuana is unhealthy,
because of its high concentration of tar and benzopyrene.”

See
British Lung Foundation
Cons Media. Blaming Cannabis for Problems Caused By Prohibition. Tripping Over
the Party Line. The Media Fell For It, As Usual, But UK Anti-Tobacco Group Does
Not.

Any amount? A basic tenant of medicine is that “the poison
is in the dose.” Would it be credible to say that any amount of wine is
unhealthy because it contains ethanol, which is highly toxic?

And they wonder why the kids don’t believe anything.

Then they have the audacity to say, “It is astounding that cannabis offences
accounted for approximately three-quarters of all drug-related offences in
2001.”

See

Canada’s
Crime Rate Dropped In 1999 For 8th Consecutive Year Without Creating A Police
State. But Marijuana Arrests Continue to Climb. Alcohol Related Violence Soars
in UK. Lessons for Everyone.

Why is that “astounding?” In the UK cannabis arrests are 75% of
all drug arrests, and the Canadian narks have done everything possible to
maintain their arbitrary power.
See
The Agenda for the
Prohibitionist Counterattack in Canada. Analysis by Richard Cowan

Moreover, many of the reactions to the proposed
decriminalization of cannabis in Canada reminded me of the term “invincible
ignorance.” It is painfully clear that despite the thoroughly documented
Canadian Senate report, and months of discussion of the subject in the Canadian
media, most politicians and many journalists still know very little about the
subject. They certainly do not know enough to recognize when they are being lied
to.
See
Negligent Journalism:
Reader Beware or A Right to Expect More? The Drug Czar Says He Is “Subject to
the Scrutiny of the Press.” The Significance of the Ultimate Lies. Analysis by
Richard Cowan

Yesterday, Alberta Justice Minister David Hancock is quoted as
saying, “We don’t see any rationale behind decriminalizing or legalizing.
The police have indicated - and I certainly believe them -
that it’s a starter drug and it’s part of the organized crime scenario.
By allowing any more latitude in our community we’re really feeding organized
crime and the criminals who make a profit from it.”

“Starter drug?” Does he commute via turnip wagon?
See
Famous Think Tank
Discovers That the “Gateway” Is A Fraud, But Everything Else That the
Prohibitionists Tell Us Is Still True. They Have An Office In Holland But Ignore
the Dutch Experience.

Unfortunately, that was all too typical of the reaction from the
various provincial Attorneys General, who – fortunately – have no say in the
matter. It is quite clear that they represent the narks and not the people of
Canada.
See
Great Canadian Editorial
Calls for Legalization; Decries Justice Minister’s Giving Narks Veto Over
Changing Marijuana Laws.

Some of the media has not done much better.

I have long believed that there must be an international debate
on cannabis prohibition. Let me emphasize that I am talking about a real debate,
not a disjointed series of editorials, Op-eds, etc., that all too often pass for
the public discourse on various subjects.

Canada is better suited than most countries for such a debate.
It is small enough to be manageable, and wired enough to have everyone
participate, because such a debate would have to be based on the Internet.

Only the Internet allows public access to all of the arguments
and only the Net can present all of the arguments and all of the data.

Moreover, Canada has two excellent national newspapers, The
National Post and The Globe and Mail, which could promote public participation
and possibly even encourage the provincial AGs to learn how to read. I believe
that they can be rehabilitated if given proper treatment.

There are also a number of excellent papers in the major cities.
The Vancouver Sun has endorsed legalization, and the Ottawa Citizen is the sort
of paper that I wish we had in Washington, DC.
See

Canadian
Justice Minister’s Bizarre Non-Response to Ottawa Citizen’s Dan Gardner.

and links.

Over the next few months, I am going to work with my friends
here and in Europe and DEAland to try to promote such a debate. In fact,


in its summary
the Canadian Senate report even said, “we are also convinced
that Canadian society has the maturity and openness to welcome an informed
debate.”
See
Leading Dutch
Anti-Prohibitionists Say, “The Quality Of The Drugs-Debate Is Abominable.”

and

Democracy,
Cannabis and the Drug Czar. Arrests Remain Close to Record Levels. Support for
Medical Cannabis Now Up to 80%. And 34% Favor Full Legalization. We Are Winning,
But The People Are Suffering.
and

As More and More Countries Begin
to Question Cannabis Prohibition, The Debate Should Be International. Basic
Rights Versus Toothless Treaties. Analysis by Richard Cowan

Yesterday, I emailed all of the major Canadian media the
following:

Official Data Prove That John Walters and the Canadian
Police Association Are Lying About The Size Of Canadian Cannabis Exports To
US.

From Richard Cowan
December 12, 2002

The Globe and Mail web site today quotes US Drug Czar John
Walters as saying, “Canada has become a major supplier of certain drugs….We
have major supply coming in from Canada that’s growing and we need to get on
top of it.”

However, the US Drug Enforcement Administration’s own web
site says, “Virtually all the marijuana smuggled into the United States,
whether grown in Mexico or shipped through Mexico from lesser sources such
as Central America, is smuggled across the U.S./Mexico Border.”

In fact, twice as much marijuana was seized in one day,
December 3rd, at Laredo, Texas, than was seized at the
BC/Washington State border in an entire year. The only hard data that we
have suggests that Canada provides less than one percent of the US cannabis
supply.

Sources for all this and more, is online at

http://www.marijuananews.com/news.php3?sid=606

You should also know that the penalty in the state of Ohio
for possession of one hundred grams – more than three times the amount
provided for in the supposedly “liberal” Canadian reform – is only $100. Has
marijuana been flooding across Lake Erie into Canada?
See


http://norml.org/index.cfm?wtm_view=&Group_ID=4557

In Maine, there is only a fine of $200 to $400 for
possession of 1.25 ounces. Is marijuana smuggled into Canada from Maine?
See


http://norml.org/index.cfm?wtm_view=penalties&Group_ID=4541

Similarly, in California, with a population greater than
Canada’s, one ounce is subject to a fine of only $100.
See

http://norml.org/index.cfm?wtm_view=&Group_ID=4525

Why should the Canadian government have to punish its
citizens more harshly than do major US states in order to please John
Walters?

The Canadian people need to know that the US Drug Czar is
lying, and the Canadian Police Association is helping him.

Sincerely,

Richard Cowan
MarijuanaNews.com


cowan@MarijuanaNews.com

It will be interesting to see how this works, so stay tuned.

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