US embassy cable - 04OTTAWA2951

UNCLAS OTTAWA 002951 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV, SNAR, PREL, KCRM, CA, Irwin Cotler 
SUBJECT:  CANADA: MARIJUANA LEGISLATION INTRODUCED ANEW 
 
1) (SBU) Minister of Justice Irwin Cotler re-introduced the 
marijuana decriminalization bill on Monday, November 1st. 
Along with a bill designed to give police powers to arrest 
and charge those who drive under the influence of drugs. 
The Decriminalization Bill was Bill C-10 in the pervious 
session of Parliament and is now numbered Bill C-17.  The 
second piece of Legislation was numbered C-32 during the 
last Parliament and is now numbered Bill C-16.  These Bills 
would decriminalize possession of small amounts of 
marijuana, replacing criminal charges with ticket fines 
similar those given for traffic offences.  At the same time 
they attempt to give increased power to police to deal with 
marijuana growing operations.  Minister Cotler went out of 
his way to try and avoid using the term "decriminalization" 
and instead referred to quote alternate penalty frameworks 
unquote.  He insisted that marijuana possession and 
consumption would still be illegal in Canada. 
 
2) (SBU) Just as in the old bill, under the current text of 
Bill C-17, criminal charges would be replaced with fines for 
anyone caught with up to 15 grams of marijuana.  Cotler 
stated that the goal of the proposed legislation is to help 
police forces with their efforts against on marijuana 
growing operations and related organized crime rather than 
minor possession cases.  In addition to replacing criminal 
charges with a system of fines, the bill doubles the maximum 
time penalties for those convicted of growing marijuana and 
creates new sentencing criteria for dealing with growing 
operations.  The new offences include; using a third party's 
property for a grow-op, creating a hazard to children, 
creating a general public safety hazard, and placing booby 
traps in a grow-op.  The maximum sentence has increased to 
fourteen years, but the Government of Canada has not yet 
addressed how often judges actually employ the maximum 
sentence. 
 
3) (SBU) The second bill, C-16 attempts to address the 
problem of impaired driving under the influence of drugs. 
Currently, Canadian drivers cannot be forced to submit to 
drug testing.  Under the new bill police would have the 
power to conduct simple `physical coordination' tests if 
they have quote reasonable grounds to believe unquote that a 
driver is under the influence of alcohol or drugs.  If 
satisfied that the evidence from the first test suggests 
impairment, the police may then demand that the person 
provide oral fluid, urine or blood for testing.  Reasonable 
Grounds are not further defined in the bill but it does 
state that police may begin to conduct their evaluation if 
they believe that a person has taken drugs quote at any time 
within the preceding three hours unquote.  Cotler announced 
that a $5.5million fund was being created to train police in 
impairment testing.  Critics state that drugs can remain in 
a person's system for weeks, which could result in false 
positives. 
 
4) (SBU) In the House of Commons the initial responses to 
the re-introduction of these bills fall along predictable 
lines.  The Bloc Quebecois is reported in the national media 
to have only minor concerns, and is generally accepted to be 
supporting of the Bill.  The Conservative and Official 
Opposition Justice Critic Vic Toews has warned that his 
party is concerned about the effects such legislation could 
have on economic ties to the United States, particularly the 
ability of Canadian goods to cross the U.S. border 
efficiently.  NDP Justice Critic and House Leader Libby 
Davies says the NDP will seek an amnesty for the 600 000 
Canadians she says have already been convicted of simple 
possession and therefore have criminal records.  The NDP 
also wants reduced fines for people with three plants or 
less in their home. 
 
5) (SBU) Comment:  One Senior Policy Advisor in the Ministry 
of Justice told Pol Off that he thought the chances of this 
marijuana de-criminalization bill passing unscathed through 
a split Parliament were nil.  He noted however, that since 
the PM had promised to reintroduce the bill, it had to be 
done.  Of the ten or so Members of Parliament who chose to 
speak about C-17 during the November second Question Period, 
six members raised concerns over the possible negative 
impact of that Government of Canada's De-Criminalization 
proposal could have on the U.S.-Canada border.  End Comment. 
CELLUCCI