US embassy cable - 03OTTAWA1221

C O N F I D E N T I A L OTTAWA 001221 
 
SIPDIS 
 
E.O. 12958: DECL: 04/30/2012 
TAGS: SNAR, PREL, PGOV, CA, Narcotics 
SUBJECT: CANADA:  PRIME MINISTER SUGGESTS HE MIGHT MOVE 
FORWARD WITH MARIJUANA DECRIMINALIZATION LEGISLATION 
 
Classified By: Political Minister Counselor Brian Flora. Reason 1.5D. 
 
1. (U) During an address at a Liberal Party fund raiser in 
Toronto on April 29, Prime Minster Jean Chretien stated that 
his government plans to introduce legislation that would 
decriminalize the possession of "small amounts" of marijuana. 
Chretien stated that the proposed bill would eliminate 
criminal penalties for simple possession by individuals but 
would be accompanied by tougher criminal provisions against 
those who grow and traffic marijuana.  According to press 
coverage, the bill which has not yet been submitted to 
Canada's Cabinet, might be passed to Parliament as early as 
June. 
 
2.  (C) The Prime Minster's statement followed comments made 
by Minister of Justice Martin Cauchon to the Ambassador 
earlier in the month that the long expected marijuana 
decriminalization law would in actuality strengthen the 
government's ability to inhibit the growth, processing, 
trafficking and use of marijuana in Canada.  According to 
Cauchon, the new law would allow for stiffer criminal 
penalties for the growing and trafficking of marijuana, and 
enable national and local law enforcement resources to 
concentrate their efforts to detect, arrest and prosecute 
growers and smugglers/traffickers.  Cauchon also stated that 
the new law would decongest local and provincial courts now 
"overcrowded" with minor possession cases.  He also said that 
marijuana usage would be discouraged through enforced 
"ticketing" and fining of users. 
 
3.  (U) Though Canadian officials are holding the long 
referred to decriminalization legislation close to the chest, 
it is believed that it reflects the findings and 
recommendations set forth in a report of the Senate Special 
Committee on Illegal Drugs issued in September 2002.  Though 
this committee's report had no legislative standing, it did 
state that (quote) when used in moderation, cannabis in 
itself poses very little danger to users and to society as a 
whole.... (and that) even if cannabis were to have serious 
harmful effects, one would have to question the relevance of 
using the criminal law to limit these effects. (unquote)  It 
recommended the creation of a position of a National Advisor 
on Psychoactive Substances and Dependency within the Prime 
Minster's  Privy Council and that more be done to coordinate 
drug control and abuse policies and programs among local, 
provincial and national authorities. 
 
4.  (SBU) The Prime Minster's fund raiser comments may have 
been premature, poorly managed, or both.  On May 6, Canada's 
Supreme Court will begin hearing appeals made against three 
provincial court decisions  declaring Canada's current 
marijuana possession law unconstitutional.  According to one 
knowledgeable University of Ottawa law professor and 
political consultant who favors the decriminalization of 
marijuana, should Canada's Supreme Court Justices strike down 
Canada's current marijuana law, there would be little need 
for the Chretien government to introduce, what would then be 
more restrictive, decriminalization legislation.  Instead, by 
just holding tight for the moment, the Government could avoid 
a political fight and instead concentrate on other 
counternarcotics issues such as strengthening penalties for 
growers and traffickers. 
 
5.  (C) Comment:  Chretien and his government are no doubt 
searching for  ways to manage the expected criticism that 
would follow the proposed decriminalization of marijuana. 
Post has made it clear that Washington is watching the 
decriminalization debate with concern and that should Canada 
weaken its stand against drugs -- even if that weakening is 
only a perception -- cross border flow of people and goods 
from Canada would likely come under increased scrutiny. 
Whether Chretien's April 29 comments were calculated or a 
slip of the tongue, we are using every opportunity to 
emphasize to our Canadian friends that any action that 
lessens Canada's counternarcotics efforts will be viewed with 
utmost concern. 
 
 
 
 
 
 
CELLUCCI