cannabisnews.com: Law Banning Possession Does Not Violate Charter Law Banning Possession Does Not Violate Charter Posted by CN Staff on December 23, 2003 at 07:01:53 PT By The Canadian Press Source: Canadian Press Ottawa -- A federal law that bans possession of small amounts of marijuana does not violate the Charter of Rights and Freedoms, says Canada's top court. The Supreme Court of Canada ruled 6-3 Tuesday that a law imposing criminal penalties -- including potential jail time -- for possessing tiny amounts of pot is constitutional. In a separate judgment, the court also upheld by 9-0 federal law prohibiting possession of marijuana for the purpose of trafficking. A key question was whether Parliament has the constitutional right to punish marijuana possession, given the lack of proven serious harms from its use. Another was whether federal law violates the charter by imposing criminal penalties, including potential jail time, for possession of small amounts of pot. The high court considered a trio of cases involving two self-described marijuana activists and one man who was caught toking up. All three failed to persuade lower courts that the pot law is unconstitutional. David Malmo-Levine, the most colourful of the three, took a hit of hash last May before arguing his case in person at the high court while dressed head-to-toe in hemp clothes. He once ran the Harm Reduction Club, a non-profit co-operative in East Vancouver that offered advice on safe pot use while supplying it to some 1,800 members. Another case centred on Christopher Clay, who ran the Hemp Nation in London, Ont., a store he started with a government loan. He sold marijuana seeds and seedlings in a deliberate challenge to the law. His lawyer, University of Toronto law professor Alan Young, says Parliament has never proven that recreational pot use causes anything more serious than bronchitis. "And most of the justifications for its prohibition have been called into question,'' says Young. The third case involves Victor Caine, who was arrested by a police officer after lighting a joint in a van in a parking lot in White Rock, B.C. He was nabbed with 0.5 grams of pot. Federal lawyers argued there is ``no free-standing right to get stoned'' and said Parliament must be free, within reason, to criminalize behaviour as it sees fit. Defence lawyers said criminal penalties for minor drug offences are disproportionate and violate the guarantee of fundamental justice in the charter. Prime Minister Paul Martin signalled last week that he'll reintroduce a bill, first proposed under Jean Chretien, to wipe out criminal penalties -- including potential jail time and lasting records -- for those caught with small amounts of pot. The bill did not legalize the drug, and maintained or increased already stiff penalties for large-scale growers and traffickers. The legislation died when Parliament was shut down last month to give Martin a fresh start in January. It made possession of less than 15 grams of pot a minor offence punishable by fines of $100 to $400, much like traffic tickets. Critics said 15 grams, the equivalent of roughly 15 to 20 joints, was too much to equate with casual use. They also questioned how police, with no equivalent of an alcohol breath test, would assess those who drive while high. And they warned that increased pot use would play into the hands of biker gangs and other shady suppliers. Martin has said he supports decriminalization in "very, very, very small amounts.'' He has also invited a parliamentary committee to consider cutting the original 15-gram proposal. The ruling Tuesday is likely to reignite a divisive debate on the issue. Complete Title: Top Court Rules That Law Banning Pot Possession Does Not Violate CharterSource: Canadian Press Published: December 23, 2003Copyright: 2003 The Canadian PressRelated Articles & Web Sites:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmHigh Court To Rule on Minor Pot Possessionhttp://cannabisnews.com/news/thread18026.shtmlA Hazy Approach To Pot Lawhttp://cannabisnews.com/news/thread18025.shtmlHigh Court Set To Rule on Minor Pot Possession http://cannabisnews.com/news/thread18023.shtml Home Comment Email Register Recent Comments Help Comment #36 posted by FoM on January 04, 2004 at 18:56:48 PT afterburner As long as there is one person behind bars for Cannabis that is one too many. Laws should be based on why the law is truly necessary. Maybe judges should have to spend a month in a jail with no special treatment until they understood why this whole thing upsets us so much. [ Post Comment ] Comment #35 posted by afterburner on January 04, 2004 at 18:31:52 PT: A Short Excerpt RE Canadian Supreme Court Decision “'The criminalization of possession is a statement of society's collective disapproval of the use of a psychoactive drug such as marihuana,' they claimed, demonstrating their ignorance of Canadian public opinion as reflected in numerous published surveys over the past decade." --Canada's Supreme Court upholds anti-pot laws 23 Dec, 2003 Three of nine judges heavily criticize the decision http://www.cannabisculture.com/articles/3242.html[So despite recent polls demonstrating significant support for legalizing or decriminalizing cannabis possession, the judges sense some "collective disapproval of the use of a psychoactive drug" eventhough alcohol, tobacco, coffee, and tea are legally and readily available, used, and psychoactive? Prohibitionist Rulings: Logical?]“The six judges furthermore found that jail terms were not disproportionate to the crime of possessing marijuana, since most people found in possession didn't go to jail." --Canada's Supreme Court upholds anti-pot laws 23 Dec, 2003 Three of nine judges heavily criticize the decision http://www.cannabisculture.com/articles/3242.html[So jail is alright because jail is not being applied? Does this mean that jail is not alright in the US because jail is being applied there? Prohibitionist Rulings: Logical?] [ Post Comment ] Comment #34 posted by FoM on January 04, 2004 at 17:35:48 PT afterburner Happy New Year to you too! Now that the holidays are getting behind us we can focus on what the future will bring. I took down my holiday gif I had on my FTE front page today. I am sad when I take something pretty down but we have work to do. Time to roll up our sleeves put the christmas candies down and get to work! [ Post Comment ] Comment #33 posted by afterburner on January 04, 2004 at 17:15:08 PT: Aye Aye, FoM Happy New Year. Out with the old, in with the new. The battle for human rights and dignity goes on. "Dignity's on me," says Abe Simpson. [ Post Comment ] Comment #32 posted by FoM on January 04, 2004 at 17:06:28 PT Hey there afterburner You better not leave anymore at this pace. It's good to see you. I'm tuning out and tuning in to Neil Young's Silver and Gold DVD tonight except I'm looking for news to post. It was the cruelest thing they could do right before Christmas. I was more upset with the timing then the ruling. It was hitting below the belt and totally unfair. We do have 2004 to fix this mess though and for that we are lucky. [ Post Comment ] Comment #31 posted by afterburner on January 04, 2004 at 16:52:57 PT: I've Got to Stop Leaving Canada Every time I leave Canada lately some court makes an unfavorable ruling about cannabis.First, the Ontario Court of Appeals resuscitates a dead law by rewriting Medical Marijuana Access Regulations, which were written by cabinet, not the Parliament as the Terry Parker decision mandated. This was the original challenge to the constitutionality of the cannabis possession law. The original Ontario Court of Appeals ruling, that the cannabis possession law was unconstitutional since cabinet Regulations can be changed arbitrarily, was directly contradicted by the Oct.7.2003 Ontario Court of Appeals Decision: bad faith."Now we are engaged in a great civil war testing whether that nation, or any nation so conceived and so dedicated, can long endure": the Canadian Supreme Grinch has tried to steal Christmas, by ruling that Parliament has the power to ban any substance without any scientific proof of harm, based on racist scare stories. Merry Christmas, potheads, Santa won't be sliding down the chimney anymore, he'll be kicking in the door with his eight tiny DEA agents.Canada's Supreme Court upholds anti-pot laws 23 Dec, 2003 Three of nine judges heavily criticize the decision http://www.cannabisculture.com/articles/3242.html Scene of the Crime! [ Post Comment ] Comment #30 posted by jose melendez on December 23, 2003 at 13:24:31 PT what about an appeal? Aren't such decisions overturned if it can be shown the court erred? Also, would not a few demonstrations be helpful there? exposed treason [ Post Comment ] Comment #29 posted by yippierevolutionary on December 23, 2003 at 08:25:12 PT Cloud7: The Freedom Argument I am glad someone agrees with me! I think it is how the Cannabis movement intersects with the environmental movement and the freedom and global justice movements which makes Cannabis such as interesting topic. A lot of people will say "potheads just want to get high" but I wish they could see it as I do, a critical part of saving the world. That is why we have to continue to make the freedom argument, we are a minority which deserves equal rights. The difference between the US and Canada is evident in how Marc Emery speaks. [ Post Comment ] Comment #28 posted by Virgil on December 23, 2003 at 08:21:30 PT I agree with the 3 justices in the minority We did have 3 justices rule on the side that said that prohibition was unconstitutional. We will have their words and their reasoning to add to our freedom stew. I find it a political decision as it would have led to a bleeding death of prohibition in the US if freedom in Canada meant you could consume LG without fear of arrest.Paul Martin is an 65 year-old fart. His reign at the top may be short lived as the political environment calls for change. The liberal government has a history of corruption and now there are budgetary problems in Ontario and the health care system is in crisis.There will be elections this spring and would you not think that Jack Layton and the NDP will do well at least in BC. Martin rose to the top because of his balanced budgets as finance minister. He says he would like to be in office 10 years. It will not happen. The call to freedom will crush him and his arrogance will not serve him well either or his alignment to the treason in Warshington.The elections should come this spring. Research now shows that laughing grass causes people to vote against incumbents. It is a dangerous beneficial plant. [ Post Comment ] Comment #27 posted by DeVoHawk on December 23, 2003 at 08:19:53 PT System Gone Down Man in the street nowhere to sleep No time for nothing no Patek Phillipe Pedal to the metal Blow by Blow You're runnin' with the devil it's touch and go They're leaving you nothing and nowhere to go Just put you in the corner like an old banjo The strings are breakin' but you can't say no You're runnin' with the devil it's touch and go Systematic one man show You're caught up in the middle where the four winds blow No salvation 20 below You're runnin' with the devil it's touch and go All systems go friend or foe It's all dependin' on the dice you throw Come without a warning like a U.F.O. You're runnin' with the devil it's touch and go You see this woman on a T.V. show She's drippin' in diamonds from head to toe They make you believe it's the status quo You're runnin' with the devil it's touch and go All systems go friend or foe It's all dependin' on the dice you throw Come without a warning like a U.F.O. You're runnin' with the devil it's touch and goEmerson Lake and Cozy Powell wrote this in the 80's. [ Post Comment ] Comment #26 posted by Duzt on December 23, 2003 at 08:18:55 PT Alaska Alaska is our biggest and best hope at the moment. It's already legal to grow your own and they will vote next year to completely regulate the market so they can open coffeshop type stores, do research, grow hemp fields or whatever. It was close last time, I think it will pass this time. [ Post Comment ] Comment #25 posted by cloud7 on December 23, 2003 at 08:03:58 PT yippierevolutionary Those will be wins, but the only true victory is when I am able to walk into a store and pick up a 6 pack of "buds""Is it enough that you probably wont be busted by the cops?"Definitely not, if smoking causes me ANY fear of being punished we have still fallen short."I would like to see our full rights declared by the courts and therefore protected by the cops."I agree completely. [ Post Comment ] Comment #24 posted by freedom fighter on December 23, 2003 at 08:00:17 PT SGD The effect of Prohibition is oppose to what the prohibitionists expect to happen.It will not reduce the demand. It will not reduce the supply. It will increase the demand.Only way to stop people from smokin the herb up in North is by jailing half of the country. Even then, it probably will not work too.These judges are crazy. Oh, it is okay to get drunk but you are not free to get stoned! pazffPS) check out http://www.escapeartist.com/ in regard to your comment #11 [ Post Comment ] Comment #23 posted by yippierevolutionary on December 23, 2003 at 07:57:48 PT We will win but what will victory look like? Should we consider decriminalization a win? Should we consider de facto legalization a win? Is it enough that you probably wont be busted by the cops?I would like to see our full rights declared by the courts and therefore protected by the cops. That is why I am crushed. I guess it was to much to hope for that everything would be handed to us in one ruling. We will overcome, I just hope we dont get stuck in a half-assed decrim rut. [ Post Comment ] Comment #22 posted by SystemGoneDown on December 23, 2003 at 07:56:30 PT Am I wrong for thinking... ...that most Americans are zombies? An outstanding population of Americans watch news and believe every lick of it like it's true. They buy whatever's popular, they watch TV and "eat seeds as a past-time activity". They believe that marijuana is illegal, without the slightest curiosity to question it's hypocrisy. They are taught through TV, advertising, and school that the world is the way it is and your job and paycheck will define you as an individual regardless. This is my expirience as an America, my opinion, and my observations. TV, local, and national news are all censored and the term "American Pride" is indented in many Americans to believe you are unappreciative if you don't have it. Today's news will not reach mainstream America. Sadly, you all are the only place where it is a big deal. George Bush will continue to slur his speech to look like an "ordinary" American to the people. And most people will be watching Survivor, American Idol, and TRL today. Today they will come home from work or school and click on the TV for entertainment in their boring consumerhood lives. Today they will be oblivious to the Canada Supreme Court ruling. Through this blindness, is a much bigger picture of the American Way. No longer is the search for reason anywhere in the culture of the 'ordinary' American. No longer can one control their thought process. TV is required, news is required, to keep themselves updated on the world around them. But as long as TV keeps them contained and encouraged to consume, the search for reason and truth will slowly elude their minds, and we as marijuana advocates will be further from our goals. And while we may have been set back today, I have achieved a truthful outcome from this, and have reassured one thing: America is a powerful empire that has tooken human nature out of humans. Canada isn't part of America, yet there is absolutely NO QUESTION that they had a forceful influence on the decision today... This should anger me, but I'm past that. I'm alienated as an American, as a human being. Something as natural as a plant that blesses humanity as a medicine is being genocided by our government. I am no longer angry, I have a blank face, supressed emotion and no fear. If I can multiply me times whatever it takes to overthrow the powers that be, I will be liberated... [ Post Comment ] Comment #21 posted by FoM on December 23, 2003 at 07:37:46 PT Pot-TV Video Link http://www.pot-tv.net/ram/pottvshowse2382.ram [ Post Comment ] Comment #20 posted by cloud7 on December 23, 2003 at 07:37:07 PT the news Well, my first reaction was that I was crushed by their decision and while I am still dissappointed today is not as much of a loss as it seems. More people will likely hear our message and the truth today than ever before. Mark Emery very eloquent stated everything we believe in. We've got truth on our side. We WILL win. We are getting our message out and with the internet to spread it we cant be stopped. I hope no one here lost any hope today, we just need to stay on task and keep supporting the organizations fighting for freedom. Like mayan said, "We lost a battle. We will still win the war." [ Post Comment ] Comment #19 posted by yippierevolutionary on December 23, 2003 at 07:34:49 PT Poor Marc Emery He is saying he is only slightly disapointed but I am sure he is crushed as we all are [ Post Comment ] Comment #18 posted by SystemGoneDown on December 23, 2003 at 07:34:22 PT This ruling... Will it have any effect on the illegal trafficking to the U.S.? The Mexicans should hate the Canadians because I hear Canada is making billions in trafficking marijuana across to the U.S. Now that laws appear to becoming worse in Canada, will there be less cultivators and overall less marijuana in Canada? [ Post Comment ] Comment #17 posted by Flatbush on December 23, 2003 at 07:31:52 PT Canadian Charter is the Crack of Human Rights Federal lawyers argued there is ``no free-standing right to get stoned'' and said Parliament must be free, within reason, to criminalize behaviour as it sees fit.TranslationNew Canadian Drug Czar Coming Soon [ Post Comment ] Comment #16 posted by The GCW on December 23, 2003 at 07:30:06 PT Let's remember Kucinich. For anyone who is just dropping by,& haven't heard: Democratic Presidential nominee, Dennis Kucinich, put in writing that as PRESIDENT He WILL: "DECRIMINALIZE MARIJUANA" -"in favor of a drug policy that sets reasonable boundaries for marijuana use by establishing guidelines similar to those already in place for alcohol." (POSTED ON His website!)http://cannabisnews.com/news/thread17917.shtml http://www.kucinich.us/issues/marijuana_decrim.php The process demands that people register to vote and in some cases it requires that You REGISTER AS A DEMOCRAT!That gets You in the door to vote for which Democratic candidate You want to run against the Jr. Bush.You must register in advance! In Colorado for example, it requires that You Register as a Democrat and do so 30 days before the election.If this Cannadian Supreme Court news seems unacceptable, than please react, and include this aspect of Your efforts. [ Post Comment ] Comment #15 posted by WolfgangWylde on December 23, 2003 at 07:28:30 PT In my opinion, Canadian activists.... ...should now steadfastly oppose anything along the lines of Martin's decrim bill. The status quo is better than what it would be like under the new bill. [ Post Comment ] Comment #14 posted by Truth on December 23, 2003 at 07:28:10 PT see Most people see what is, and not what can be. - Albert Einstein [ Post Comment ] Comment #13 posted by FoM on December 23, 2003 at 07:26:27 PT Patrick You said nothings changed as usual. I believe a lot has changed here in the states. We aren't seeing good results in Canada but medical marijuana laws are making progress here so we should have hope. It's just too slow. [ Post Comment ] Comment #12 posted by yippierevolutionary on December 23, 2003 at 07:26:14 PT The Irony Elliot Ness was a prohibtionist so we don't need people like him lol. This blows.After the summer of legalization didn't the supreme court see that society did not fall apart?When will there be another chance to declare the rights of Cannabist-Canadians? [ Post Comment ] Comment #11 posted by SystemGoneDown on December 23, 2003 at 07:25:48 PT Another over the top comment... How do I apply for citizenship with Canada? I have family up there that I've never met, and I don't know how to become a citizen to try to get into the politics up there. [ Post Comment ] Comment #10 posted by Virgil on December 23, 2003 at 07:24:57 PT Canadian courts corrupt freedom Three people could see that prohibition was against the Charter. Six justices could not come out and say so.The CBC report is out- http://www.cbc.ca/stories/2003/12/23/pot031223 [ Post Comment ] Comment #9 posted by Sam Adams on December 23, 2003 at 07:24:13 PT Yup, judges aren't much different than politicians Too bad. Looks like we need to keep hammering away at medical marijuana, one state at a time. Like I said before, it's not like Canadians are going to stop smoking herb any time soon. It's sad though, it means we continue to move into a world where the rule of law is corrupted, where everyone breaks the law in one way or another."I and I will not be judged by the laws of men" [ Post Comment ] Comment #8 posted by SystemGoneDown on December 23, 2003 at 07:18:05 PT Touched There is no doubt in my mind that the Supreme court was extrememly touchable. I think the U.S. pressure got to them. We need an untouchable like Elliot Ness. Apparently, the Court was well aware of who lives south of their nation. And it just comes to show the power of the U.S. I've said it before and I'll say it again, the U.S. is too powerful to touch, the consequences of a capatalistic system that lets corporations grow to the point they have political influence. [ Post Comment ] Comment #7 posted by Patrick on December 23, 2003 at 07:17:24 PT Bummer Sanity gets stepped on again. And freedom, and Canadians. Welcome to the continuing saga of Hell on Earth and Ill Will towards Man from yet another round of punish the evil users of cannabis. Nothings changed as usual. Prohibition still stands as solid as the Berlin Wall. But someday my friends it will crumble. Someday.... [ Post Comment ] Comment #6 posted by mayan on December 23, 2003 at 07:16:43 PT Damn!!! Did Bush,Ashcroft & Walters get to the judges or what? Canada is officially a U.S. puppet now. Say hello to the prison-industrial complex. We lost a battle. We will still win the war. [ Post Comment ] Comment #5 posted by FoM on December 23, 2003 at 07:15:05 PT What I am Thinking Because of this ruling I'm beginning to think that we are making more progress in the states with our court ruling then what is happening in Canada? [ Post Comment ] Comment #4 posted by BGreen on December 23, 2003 at 07:07:23 PT A Christmas Present To The Cagers Of Humans If you think this is over then you've got a surprise waiting for you.I feel really bad, too, FoM. I just don't understand.The Reverend Bud Green [ Post Comment ] Comment #3 posted by Truth on December 23, 2003 at 07:06:11 PT blind FoM said it...None are so blind as those that can't see. [ Post Comment ] Comment #2 posted by WolfgangWylde on December 23, 2003 at 07:05:28 PT This clears the way for Martin's version.. ...of "decrim". Canada will be more like the U.S. than ever before. [ Post Comment ] Comment #1 posted by FoM on December 23, 2003 at 07:02:40 PT I Feel So Bad I was really hoping for good news! [ Post Comment ] Post Comment