On May 17, senior federal drug prosecutor Lindsay Smith wrote a letter to
the Vancouver police, advising them that the Crown would no longer
approve drug possession charges in Vancouver unless there was an
aggravating factor involved.
Decriminalization in Vancouver?!
by Dana Larsen
On May 17, senior federal drug prosecutor Lindsay Smith wrote a letter to
the Vancouver police, advising them that the Crown would no longer
approve drug possession charges in Vancouver unless there was an
aggravating factor involved.
This came about after members of the drug squad had complained of
recent drug cases being dropped or refused by federal prosecutors. The
reason given was that there are currently more drug cases than the Justice
Department can deal with. Despite the fact that two provincial courtrooms
in downtown Vancouver run almost exclusively drug cases, the system is
being stretched thin.
Just Say Woah
A month later, on Sunday, June 18, the front page headline of The Province
read "Just Say Woah". This typically unrestrained prose was followed with a
story on page A5 by Greg Middleton entitled
"Users Off the Hook".
The article quotes Tony Dohm, Lindsay Smith's superior, as saying
"We were simply indicating the system is badly overtaxed and we have more drug cases than we can deal with... It's not a licence to do drugs, and we're not telling police to turn a blind eye."
Vancouver Police deputy chief Rich Rollins was quoted as agreeing with
Dohm, stating that the letter had come after a number of meetings with
federal justice officials and drug prosecutors, and adding that "We have to
be practical, that is the bottom line."
The Day After
The day after the article was printed, those of us at Hemp BC and Cannabis
Canada were at the centre of a media maelstrom. Marc Emery and the Hemp BC
staff were giving interviews two or three times a day for the next week,
curious citizens started calling on a regular basis, and everyone here was
very happy. Although the right thing was being done for the wrong reason
(too expensive as opposed to immoral), it is still an extremely positive
decision.
The next day's Province had a story on page A4 by Lora Grindlay, with the
headline
"Looser drug rules get a mellow thumbs-up."
The article began by saying that "The people at Hemp BC answered phone
calls yesterday by calling themselves 'the happiest store in the world.'"
It also quoted Vancouver Mayor Philip Owen as saying "They are saying there
is a law but we are going to ignore it. You either legalize the drugs or
you enforce the law." Owen also said that the new guidelines "encourage the
thug drug dealers" and forces the city and province to deal with the social
problems caused by drug addiction.
Press Release Policy
That afternoon the Senior General Counsel and Regional Director for the
Department of Justice, James D. Bissell, issued a press release. It
explains that
"the Department of Justice does not have a 'no charge' policy with respect to proposed charges of possession of any narcotic, hard or soft."
However, it continues to say that all cases referred to them by the police
are reviewed according to two main criteria. These are whether the evidence
"is sufficient to justify the institution of proceedings", and "does the
public interest require a prosecution to be pursued?"
The press release explains that there are a number of public interest
factors, including the seriousness of the alleged offence, the likely
length and expense of a trial, the availability of alternatives to
prosecution, the accused's background and degree of responsibility, and
significant mitigating or aggravating circumstances.
The press release concludes with the following statement:
"It would be wrong for anyone to assume that there is a predetermined policy that stipulates against the prosecution of possession charges for the so-called soft drugs. Such a policy simply does not exist."
No Other Options
Not surprisingly, the media attention and conflicting reports brought about
a great deal of public confusion. I called Greg Middleton, the reporter who
first broke the story. He told me that he had been shown Smith's original
letter by an upset police officer, probably in hopes of evoking a negative
public reaction. He explained that the press release did not really
contradict the earlier letter, and that although the Department of Justice
obviously does not want to create the public perception that it is being
"soft on drugs", it has no other option but to reduce the number of drug
cases that it deals with.
The Province's editorial on Tuesday, June 20, chastised the Justice
Department for "backpedalling," and supported the idea of informally
decriminalizing drug use. It states that
"the fact is, we are wasting the time of the police and the courts bringing drug addicts to 'justice,' while ignoring the problem of their addiction. Go after the pushers, but drug addicts need help, not jail."
The editorial also favourably mentioned the Coroner's Report released in
January.
We have spoken to police officers on the street, asking them what they
would do if someone were to begin smoking a joint right in front of
them. The general response is that they would simply ask the smoker to put
it out. Although this is a far cry from a complete end to prohibition, it
is an excellent first step, clearly demonstrating that the present system
cannot continue indefinitely, and that change must soon come in some
form. It is simply not possible to arrest every drug user in Vancouver, nor
is it practical to try.
Bill C-7
An interesting aspect to these events is that Bill C-7, the proposed
replacement for the Narcotic Control Act, was withdrawn from the
current session of parliament on Thursday, June 15, two days before the
Province broke the story about the no-prosecution policy. The Vancouver Sun
reported a Canadian Press story which quoted Hedy Fry, a member of the
sub-committee which examined Bill C-7 and also the secretary to Health
Minister Diane Marleau, as stating that the government did not want to be
accused of ramming the bill through the Commons.
The article explained that on Monday, June 12, Hedy had stated that the
bill would be passed before the House rose for its summer break, but that a
Commons committee that was to go through clause-by-clause scrutiny of the
legislation that Wednesday had been abruptly cancelled.
An editorial the next day in the Vancouver Sun described how they hoped
that Parliamentarians would "grow some backbone" during the summer session
and modify Bill C-7 so as to decriminalize the possession of marijuana.
Issues & Opportunities
Although the withdrawal of Bill C-7 and the events in Vancouver could be
seen as part of a larger plan, it is difficult to say for sure what
actually motivated these decisions. What is clear, however, is that the
issues surrounding the "War on Drugs" are coming under a great deal of
scrutiny. There is momentum developing at a national and international
level for a complete rethinking of our policies towards the use and trade
in recreational drugs.
If we are actually being presented with an opportunity to alter our
nation's drug policies, then we must be more vigilant and outspoken then
ever. This is not the time to claim victory and rest on our heels. It is
important that any new policies firmly enshrine the individual right to
personal choice, and the futility and immorality of prohibiting drug use
through criminal sanction. If we settle for anything less then we will
ultimately find that any gains we may make are taken from us again in the
future.
Looser Drug Rules get a Mellow Thumbs-up: The article in the Vancouver Province with Hemp BC's response to the "decriminilization" of marijuana in Van.
Owen Blasts Federal Drug Guidelines: The article in the Vancouver Province in which Mayor Philip Owen says the new guidelines - intended to alleviate a backlog of drug cases in the courts - "make a mockery of the judicial system" and send a "frightening" message to society.
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