By Shannon Kari, National Post Published: Sunday, February 10, 2008
Companies can fire employees who use marijuana for medical reasons
even if California law allows such use because federal law prohibits
it, the state's Supreme Court ruled on Thursday.
It was more than 35 years ago that the LeDain Commission recommended
marijuana be decriminalized in Canada.
Attempts to suppress or even control its use were failing, possession
laws were enforced on a "selective and discriminatory" basis and its
prohibited status invited "exploitation" by criminal elements,
concluded the Royal Commission in 1972.
It suggested the government regulate cannabis in the same way as
alcohol, which resulted in proposed legislation to decriminalize
possession. The bill died on the order paper when a federal election
was called in 1974, in the same way that a similar bill died 30 years
later.
Today, discussion about reforming the country's marijuana laws is not
on the political landscape. If anything, the country is moving in the
opposite direction.
The government of Stephen Harper has ruled out any changes to the law,
and during a visit to marijuana-friendly Vancouver last week, Liberal
leader Stéphane Dion said his party is not going to advocate for the
end of criminal sanctions for possession.
Another sign that the marijuana lobby has lost political momentum is
the recent announcement by Marc Emery that he is giving up his
extradition fight. The self-professed "Prince of Pot" is negotiating a
plea bargain with U.S. authorities to try to reduce a prison sentence
for selling marijuana seeds over the Internet.
As well, almost 45,000 criminal charges for simple possession continue
to be laid each year, up nearly 20% from a decade ago.
Even the 2,200 people in Canada authorized to possess marijuana for
medical reasons have not been able to convince Health Canada to ease
restrictions to make it easier to access a legal supply of what they
consider to be their medicine.
Late last month, the federal government appealed a Federal Court of
Canada ruling that found medical marijuana regulations to be
unconstitutional for the third time in eight years.
"There is a cycle of ignorance that seems impossible to transcend" in
any discussion about marijuana, suggested Alan Young, a professor at
Osgoode Hall law school in Toronto, who has represented chronically
ill people in a number of medical-marijuana court challenges. "We are
either running on the spot or moving backwards," he said.
Medical-marijuana users have long complained about the bureaucratic
obstacles in dealing with Health Canada, when it involves licences for
legal possession or production of the drug.
Its actions have also repeatedly been criticized by the courts. Part
of the medical-marijuana regulations were struck down in 2003 by the
Ontario Court of Appeal because there was not a sufficient legal
supply of the drug and designated producers were permitted to grow for
only one person with a licence to possess.
In response, Health Canada re-enacted virtually the same restrictions.
As a result, Federal Court Justice Barry Strayer ruled last month that
the new regulations were also unconstitutional.
He noted that fewer than 20% the people with licences to possess
marijuana, acquire it from Prairie Plant Systems Inc., the company
licensed to produce for Health Canada.
Requiring citizens to break the law and access the black market to
acquire their medicine is "contrary to the rule of law," said the
75-year-old judge, who was a senior official in the federal Justice
Department in the late 1970s.
The government's appeal of the decision is part of an ongoing strategy
to marginalize the medical-marijuana program, suggested Mr. Young.
"This is a program the government never wanted to undertake," he said.
For medical users who have licences to produce their own marijuana,
there is also the constant threat of criminal prosecution.
Derek Pedro, a 35-year-old former construction industry employee who
suffers from a connective tissue disorder, said he is still trying to
rebuild his life after five police officers in Hamilton, Ont., raided
his home in January, 2007. Police seized 15 seedlings and charged Mr.
Pedro with production offences, even though he has licences to possess
and to grow marijuana. Eight months later, all charges were withdrawn.
"I am stressed all the time. I start shaking when I see police," Mr.
Pedro said. "I thought I had rights."
Using marijuana has been effective in dealing with his chronic pain
and it has also enabled him to dramatically reduce his intake of such
pharmaceutical drugs as OxyContin, Mr. Pedro said. The marijuana he
produces costs him less than one-sixth the price that Health Canada
charges for the product from Prairie Plant Systems, he noted.
Even the Canadian Association of Chiefs of Police agrees there is need
for improvement in access for approved medical-marijuana users.
"We need to find a better way to get that drug to them in a safe and
reliable way," said Fredericton police Chief Barry MacKnight, who
heads the organization's drug-abuse committee.
As well, the association has supported changes to the marijuana
possession laws so that police could impose fines if appropriate.
"Police officers must have the discretion to decide whether to issue a
ticket or to send it to court," stressed Chief MacKnight, who does not
support outright legalization of what he described as a harmful drug.
The tens of thousands of possession charges laid each year are likely
a result of cases where individuals face a number of other charges as
well and not someone "standing on the corner smoking a joint," Chief
MacKnight said.
The ongoing criminal prohibition against marijuana is a useful tool
for police, because it can be used as a pretext to search cars and
homes for evidence of more serious crimes, said Vancouver defence
lawyer Simon Buck.
While the public may approve of these tactics when police find weapons
or other illegal items, it is impossible to know how many times these
searches come up empty-handed, Mr. Buck said. "You never hear about
those cases," he noted.
Source: Today's National Post
