C O N F I D E N T I A L SECTION 01 OF 02 OTTAWA 001322

SIPDIS

STATE FOR INL (CARROL); DOJ FOR OFFICE OF INTERNATIONAL
AFFAIRS (BURKE); WHITE HOUSE FOR ONDCP (BAUM)

E.O. 12958: DECL: 05/08/2013
TAGS: SNAR PREL KRIM CA
SUBJECT: CANADA: DECRIMINALIZATION OF SMALL AMOUNTS OF
MARIJUANA

Classified By: Pol MC Brian Flora for reasons 1.5 (b) and (d).


1. (C) Summary: On May 7, poloffs were briefed by Terry
Cormier, Director of DFAIT's International Crime and
Terrorism Division, and Kevin O'Shea, Director of DFAIT's
United States General Relations Division, on the Canadian
government's plans to decrease legal sanctions for the
possession of small amounts of marijuana. Cormier stressed
that the government will not propose "legalizing" marijuana,
and that possession will remain illegal in Canada. He also
indicated the government's marijuana proposal would be part
of a broad national drug control strategy that will include
studies on drug consumption, addiction, and drug treatment
programs. Cormier said Minister of Justice Cauchon plans to
travel to Washington next week to preview more formally the
GOC's plans to appropriate USG officials. End summary.


2. (C) The government of Canada is expected to ask the House
of Commons shortly to approve a bill that will decriminalize
the possession of small amounts of marijuana. In a briefing
for poloffs on May 7, Director Cormier indicated the bill
would not provide for the legalization of marijuana, although
he acknowledged that this may be the public perception.
Cormier said that possession of even small amounts of
marijuana would continue to be illegal. The bill will
propose that when a person is caught in possession of a small
amount of marijuana, the marijuana will be seized and the
person ticketed and ordered to pay a fine. Although a 2002
report by the Canadian Senate recommended the complete
legalization of marijuana, Cormier emphasized that this is
not the route the government will take.


3. (C) Cormier said that a principal reason behind the
decriminalization proposal is the very uneven enforcement of
current marijuana sanctions. Persons caught with small
amounts of marijuana in Canada's urban areas are usually not
arrested or charged because of the heavy burden prosecution
of these cases would place on police and the court system. In
Canada's smaller cities and rural areas, on the other hand, <

br>possession of small amounts of marijuana often results in
arrest and prosecution. Cormier noted that the issue of
decriminalization has been under consideration by the
government for a long time, and has been thoroughly studied
by committees of both the House and Senate. He argued there
is no evidence that more liberal possession laws lead to
increased marijuana usage. Citing studies of marijuana use in
the Netherlands, Cormier said the expectation is that
decriminalization will eventually result in a decrease, not
an increase, in marijuana consumption.


5. (C) Cormier further noted that the decriminalization
proposal will be part of a broad national drug strategy,
which will address issues such as drug consumption,
addiction, and treatment programs. The national drug
strategy will have two principal goals: first, to reduce drug
consumption among young people; second, to redirect law
enforcement resources away from personal possession cases and
towards stopping drug traffickers. The government is
considering proposing stricter penalties on persons who
cultivate and distribute marijuana as part of its national
drug strategy, but Cormier did not give details.


6. (C) It is not certain exactly when the bill will be
introduced, but it could be as soon as two weeks from now, or
perhaps not until June. Cormier described only in broad terms
what the bill would include and was vague on details. For
example, he did not disclose what quantity of marijuana will
be subject to the decreased sanctions. Cormier indicated that
Justice Minister Cauchon plans to travel to Washington next
week (possibly May 14) to outline the government's drug
proposal for U.S. government officials, and asked our help in
identifying appropriate offices and individuals for Cauchon
to visit. (Note: Cauchon has reportedly already been in
contact with Secretary Ashcroft about this visit.)


7. (C) Cormier also touched briefly on the subject of
precursor chemicals. He stressed the government of Canada
"wants to work together" with the U.S. on this problem and
said Canadian law enforcement "has been sharing everything"
with us. Precursors are an agenda item for the next Cross
Border Crime Forum, scheduled for May 21 in West Virginia.


8. (C) Comment: The GOC clearly wants to begin managing the
negative reaction to decriminalization it expects from the
United States. Cormier emphasized that possession of even
small amounts of marijuana will remain illegal in Canada. He
cited polls showing that 70 percent of Canadians approve of
at least partial decriminalization of marijuana and asserted
the government's proposal will be "less radical" than the
current marijuana laws in some U.S. states (he cited Ohio for
an example). The GOC intends to proceed with its
decriminalization proposal in the very near future, but will
try to minimize the impact of this action on our overall
bilateral relationship. End comment.
CELLUCCI