CANADA: PRIME MINISTER SUGGESTS HE MIGHT MOVE

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
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