High Society - "Decrim" debunk timeline
High Society with David Malmo-Levine
- Running Time: 37 min
- Date Entered: 11 Nov 2003
- Viewer Rating: 9.04 (16 votes)
- Number of Views: 3435
Description
Most North American politician since 1968 have promised to "ease up" on cannabis users (even growers and dealers). DML and guest Kirk Tousaw of the British Columbia Civil Liberties Association review the latest Canadian promise: "Bill C-38" (which has since died ... to be revived before the next election to be sure). This show has many little clips of "decrim" over the last 35 years sprinkled throughout, with more in the info box. Is "decrim" a step towards Holland, or two steps towards Singapore?
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Before we get started, lets begin our show with a word on behalf of one of our principles of fundamental justice - those concepts mentioned in section 7 of the Canadian Constitution - the section meant to protect our "life, liberty and security of person". The principle of the day is AUTONOMY!
Autonomy, according to the Supreme Court of Canada, means to be "in control of one's own life". Autonomy protects our lives and our freedom by encouraging people to make their own choices make our society healthy and free of scapegoating. Our diet, our sexuality, our medicine and recreation choices are for us - not for our "representatives" - to make.
And now, on with the show:
Canada, politicians, and promises of "decrim"
- 34 years of paternalism and bullshit
What does "decrim" mean? One thing it does NOT mean is "no punishment whatsoever" - that's always been called "legalization". If anything, "decriminalization" simply means "no criminal record".
In Singapore, cannabis decriminalization means years of abstinence-based treatment in the form of large fines, group therapy, urinalysis and community service.
-Dec. 15/89/NYT , see also http://www.cannabisculture.com/articles/1586.html
In some places in the USA, the cannabis decriminalization resembles that of Singapore.
-The Province (British Columbia), Nov. 1, 1998
In Toronto, first-time marijuana offenders are forced to do "community work".
-March 6, 1998 London Free Press
In South Australia, 20% more pot-possession cases came before the courts than before the fine system was put into place. In Canada, non-payment of a fine usually gets you jail time at a rate of $70 per day. So your third pot possession ticket would get you two weeks in jail if you couldn't cough up $1000.
-"Decriminalization is Dangerous" Cannabis Culture magazine, issue #35, http://www.cannabisculture.com/articles/2216.html
But whenever the politicians talk about "decrim", they usually talk about it as if they were "easing up" on cannabis users and dealing with the "disproportionality" of the law. If they're easing up on users, then why do the fines, forced treatment and forced labour seem just as bad - if not worse - than the "criminal record"? And does decrim guarantee absolutely no record or no jail time? And if it means SOME kind of record and the possibility of jail time for unpaid fines, can we really call it "decrim"?
Let us take a trip into the history of Canadian cannabis politics.... A history of the big fat lie that is "decrim" ....
Apr. 18, 1967 CBC - "Gandalf's" - Canada's first headshop, began the first era of Canadian pot activism. Laurence Cherniak - later to become famous for his books of photos of cannabis and hashish - gave an interview and implied (quite correctly) that cannabis was less harmful than tobacco.
http://archives.cbc.ca/500f.asp?id=1-69-652-3586
http://www.marijuana.ac/cat/lit/gbc/index.html
http://www.tokacola.com/cat/lit/gbhash.jpg
June 19th, 1969 - CBC - "Decriminalization" is the topic of a panel discussion on CBC television. The possibility of fines were just being introduced. Both of the prohibitionist panelists said "the research should be done first" to determine what the harms of properly-used cannabis are. Both prohibitionists admitted they would try it if it were legal.
8 min mark http://archives.cbc.ca/500f.asp?id=1-69-652-3587
June 19th, 1970 - CBC reports on the release of the Le Dain commission. The commission recommends "no possibility of jail" for possession of any drug, and "maximum" fines of 100 dollars. One of the commissioners, Marie-Anne Bertrand, recommends the prohibition against simple possession "be removed all-together" (no fines at all), because, among other reasons, the "uncertainty as to the relative potential for harm". Le Dain, Interm Report, 1970, p. 258
2:30 min mark http://archives.cbc.ca/500f.asp?id=1-69-652-3588
In 1970, the day after the Le Dain interim report was released, the Trudeau government claimed they would "ease up", promising "no jail time" for users. These promises were never kept. (June 20, 1970, Globe & Mail)
http://archives.cbc.ca/400d.asp?id=1-69-652-3578
August 15th, 1971 - The reporting on the Vancouver Gastown Police Riot focuses on the police violence, ignoring the reason for the protest - a protest against a crackdown on pot dealers and a protest for complete legalization.
http://archives.cbc.ca/500f.asp?id=1-69-652-3589
June 1st, 1972 "The cost of attempting prohibition is too great" - Chairman LeDain
In 1972, the Trudeau government, through then Health Minister John Munro introduced amendments to the Criminal Code to allow for the imposition of an absolute or conditional discharge for cannabis possession. This did not result in any noticeable change in cannabis prosecutions.
Appellant's record, Malmo-Levine, p. 88
In 1975, the Trudeau government introduced Bill S-19, which would have turned a discharge for cannabis possession into a pardon - this proposal died on the order paper.
Appellant's record, Malmo-Levine, p. 88
Aug. 3, 1977 - Jimmy Carter promised federal "decriminalization" of cannabis to US citizens - acting on the recommendations of Nixon's Shafer Commission - but did not act on his promise.
-Aug. 3, 1977 Globe & Mail - see also the film "Grass" by Ron Mann, 2000
Jan. 20, 1979 - Minister of Justice Lalonde considers another bill to attempt "decriminalization" - fines with no possibility of jail. His first attempt died in 1975.
at 00:00 mark and 9:00 mark http://archives.cbc.ca/500f.asp?id=1-69-652-3592
In 1979, Joe Clark suggested that he might decriminalize cannabis and "consider sales". He never acted on his own suggestion.
-CBC, "Acapulco Cold", 1993 - http://www.pot-tv.net/archive/shows/pottvshowse-1463.html at 10:30 min. & 12:40 mark
In 1980, the Trudeau government promised, in it's throne speech, to reduce the penalties for marijuana use. Then Justice Minister Jean Chretien made similar promises. These promises were never kept. It appears that myths surrounding it's supposedly "inherent" harms were propagated, and the "just say no" Reagans were in the White House. The first age of canadian pot activism was at an end.
Appellant's record, Malmo-Levine, p. 89) 11:40 mark http://www.pot-tv.net/archive/shows/pottvshowse-1463.html
March 29 - 1993 - Kim Campbell admits to smoking cannabis in her youth. The CBC and Tommy Chong help to launch the next era of canadian pot activism: 1:00 minute in http://archives.cbc.ca/500f.asp?id=1-69-652-3596
In 1995, amendments to the Controlled Drugs and Substances Act were "leaked" to the press. According to the November 15th front-page headlines in at least four newspapers across Canada, the Act would now "eliminate criminal records" by rendering them "untraceable" - a claim that was exposed as false the next day - on page B12 of one newspaper. (Nov. 15, 1995 Winnipeg Free Press/Vancouver Sun/Toronto Sun/Edmonton Journal p. A1, Nov. 16, 1995 Vancouver Sun p. B12)
CBC Broadcast Nov. 27, 1996 Medical Marijuana goes public.
After the passage of prop 215 in California, medical marijuana became mainstream.
http://www.pot-tv.net/archive/shows/pottvshowse-325.html
The CBC began reporting on medical marijuana with the following clip:
http://archives.cbc.ca/400d.asp?id=1-69-652-3581
In 1996, some Senators announced their support for "legal pot". When asked, the Prime Minister said decriminalization would be "difficult to pass" but that he was not "in a position to be judgmental ... I've had a beer or two in my time". (Vancouver Sun, May 18, May 25, 1996)
In 1997, Reform MP Keith Martin put his vision of "decriminalization" forward - "He says penalties should be increased for marijuana possession, with much higher fines used to pay for mandatory treatment programs for pot smokers." (Province, Feb. 12, 1997)
Mar. 3, 1999 Then Health Minister Allan Rock announces "clinical trials", "appropreate guidelines" and a "safe supply".
http://archives.cbc.ca/500f.asp?id=1-69-652-3597 at 00:30 seconds in....
His clinical trials later turned into trials of "marinol cigarettes" - not real cannabis!
http://www.pot-tv.net/archive/series/pottvseries-101-0.html
http://www.pot-tv.net/archive/shows/pottvshowse-2127.html
at 13:37 min
his "appropreate guidelines" recommended making hot tea out of it,
http://www.pot-tv.net/archive/shows/pottvshowse-2174.html
and his "safe supply" ended up being low-THC, seedy, stemmy, metalica, chemically-fertilized, irradiated, mineshaft weed from Flin Flon Manitoba - one of Canada's top three environmental disaster areas.
http://www.pot-tv.net/archive/shows/pottvshowse-2183.html
http://www.pot-tv.net/archive/shows/pottvshowse-2193.html
Aug. 1st, 2000, the Ontario Court of Appeal declared the prohibition of the possession of cannabis "unconstitutional" and gave the government a year to amend it. A year later, the laws remained on the books. (Aug. 1, 2000 Winnipeg Free Press, Toronto Sun)
http://archives.cbc.ca/400d.asp?id=1-69-652-3583
In 2001, Keith Martin was prevented from calling a free vote on cannabis "decriminalization" by the Liberal government. (In the High Society archive at www.pot-tv.net - http://www.pot-tv.net/archive/shows/pottvshowse-1439.html
May 2002 The Senate leaks elements of their report - the US responds negatively.
http://www.pot-tv.net/archive/shows/pottvshowse-1322.html
July 2002 Britian reclassifies cannabis into "class C" from "class B" - no jail, just a "warning". Cauchon first floats "decrim" with fines - activists are immediately against it.
http://www.pot-tv.net/archive/shows/pottvshowse-1417.html
http://www.pot-tv.net/archive/shows/pottvshowse-1423.html
http://archives.cbc.ca/500f.asp?id=1-69-652-3600
Lots of good historical clips in this one.....
http://archives.cbc.ca/500f.asp?id=1-69-652-3601
Sept. 2-4, 2002: The Senate releases their report. Their report states:
The Committee wrote that "we should ... stop our crusade" and give up all hope of a drug-free society. Policy should be based upon "freedom", "autonomy" and "responsibility" - "only behavior causing demonstrable harm to others shall be prohibited". Also of note, the Committee wrote that "used in moderation, cannabis in itself poses very little danger to users and to society as a whole" and "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". The Senate Committee recommended setting up licensing for producing and selling cannabis (recommendation 6) as well as amnesty for users (recommendation 7) and "impairment" testing instead of "amount-of-substance within system" testing (recommendation 9).
- Cannabis: Our Position for a Canadian Public Policy, Sept. 2002, pp. 610-622
To put it even more plainly;
"Decriminalization is just another form of prohibition"
-Sen. Claude Nolin
http://www.pot-tv.net/archive/shows/pottvshowse-1501.html
http://www.pot-tv.net/archive/shows/pottvshowse-1504.html
http://www.pot-tv.net/archive/shows/pottvshowse-1505.html
http://www.pot-tv.net/archive/shows/pottvshowse-1507.html
http://www.pot-tv.net/archive/shows/pottvshowse-1533.html
http://archives.cbc.ca/400d.asp?id=1-69-652-3585
Dec. 10, 2002 - leaks regarding the House of Commons committee recommendations hit the media: "fine but no criminal record". Rumors of "decriminalizing small-scale growing" abound.
http://www.pot-tv.net/archive/shows/pottvshowse-1668.html
"Mr. Cauchon has said that the current system, in which police in some provinces lay charges while others do not, might not be working as it should"
- Ottawa Citizen, Dec. 10, 2002, p. A2
"If you look at the system that we have in place, keeping it criminal, it's not very efficient". "Depending where you are across Canada, they apply or they don't have the legislation that we have."
- Mr. Cauchon, National Post, Dec. 10, p. A1
Mr. Cauchon's interest seems to concern uniform punishment, and avoids the question of whether punishment is required at all.
Dec. 11th, Drug Czar John Walters responds to the new decrim bill.
http://www.pot-tv.net/archive/shows/pottvshowse-1671.html
The next day, "White House Advisor" Col. Robert Maginnis respons to the bill. Neither one has nice things to say about it.
December 12, 2002, Liberal MP and House drug-bill committee member Paddy Torsney releases the new drug bill the day before the Supreme Court challenge to the drug laws. She is quoted as saying:
"We want to send two clear messages:
1. possession of MJ is illegal and should stay illegal.
2. We want people w/ small quantities of MJ to get a sanction for breaking the law, but not a criminal record."
"A ticket would be more immediate and a police officer would be MORE LIKELY TO WRITE A TICKET. Right now the laws are not evenly enforced, often police will turn a blind eye, which teaches disrespect for the law. WE WANT FINES TO BE RENDERED."
"There is an uneven application of the law. In many places the police warn an individual and don't charge. We think, actually, with what we're proposing a person with a small amount will be more likely to SUFFER a consequence for breaking the law. So we actually think we're being a little tougher on people by suggesting that there would be a fine for that breaking of the law and police officers would be more likely to write that ticket rather than it walk away."
Source: http://www.pot-tv.net/ram/pottvshowse1681.ram (time code - 28:20)
http://archives.cbc.ca/500f.asp?id=1-69-652-3602
see also http://www.pot-tv.net/archive/shows/pottvshowse-1673.html
http://www.pot-tv.net/archive/shows/pottvshowse-1676.html
http://www.pot-tv.net/archive/shows/pottvshowse-1680.html
John Walters again:
http://www.pot-tv.net/archive/shows/pottvshowse-1678.html
Torsney's statement should make it clear to everyone that "decriminalization" means, for the liberals, "tougher" punishment - a position that does not address concerns over cannabis mis-use or the problems associated with the black market.
The House of Commons report on the "non-medical" use of drugs recommends that 1) the "drug court" program should be expanded (recommendation #28), 2) forced treatment programs should be allowed (recommendation #29), 3) extra-invasive prisons should be created (recommendation #34), 4) cannabis distribution should remain a crime (recommendation #40) and 5) the possession of under 30 grams of cannabis would result in a fine of up to $1000 (recommendation #41 - p. 127).
The minority report - written by NDP member Libby Davies has strong reservations regarding the above recommendations. Regarding cannabis, Mrs. Davies wrote:
"The NDP sees decriminalization as only a partial solution. Decriminalization of possession and cultivation of small amounts, as recommended by the committee, would prevent such users and cultivators from receiving a criminal record. However, it still leaves intact other harms associated with our current system of criminal prohibition. Among them, simply handing a "joint" to a friend would continue to constitute the offence of trafficking under the Controlled Drugs and Substances Act. The intrusive police powers given by the act would likely remain.
Furthermore, the Committee's proposal does nothing to address the situation of those saddled with a criminal record for simple possession or for transfer or cultivation of small amounts for non-criminal purposes. If we accept that Canadians should not in future receive a criminal record for certain acts relating to marijuana, those convicted in the past should be pardoned under a general amnesty, and their records erased.
There has already been extensive public debate on the use of marijuana, decriminalization, and legalization. The NDP appreciates the Senate Special Committee Report on Cannabis that raises rational and significant questions. The federal government should consider their analysis and recommendation for a criminal exemption scheme. The NDP urges the federal government to investigate and introduce non-criminal and non-punitive regulatory approaches for adult use, as a preferable direction of public policy, emphasizing the need for realistic education and harm prevention programs."
"The majority of the Liberal-dominated committee, in an echo of a Senate committee report and recent comments by Justice Minister Martin Cauchon, said enforcement of current criminal laws against simple possession is expensive, uneven, "unfair and wasteful" and in the end stigmatizes young people with a criminal record for life."
- Toronto Star, Dec. 13, 2002
When considering whether the penalty is "disproportionate", perhaps one should also consider if there is such a thing as a "proportionate" penalty for a crime with no victim - a "proportionate" punishment for an action that, when done properly, results in no identifiable harm?
From the above quotes, it is clear that the motivation for the government to "decriminalization" is to switch punishments from one difficult to execute into an easier one. This is not what Canadians want, nor is it the most that could be done under the international drug-control treaties Canada is a signatory to - consider the fact that Holland has signed every treaty we have.
"Jean Chrétien retreated yesterday from the government's plans to
decriminalize marijuana by declaring that no final decision has been made.
The prime minister's position contradicts that of Justice Minister Martin Cauchon, who said last week that he intended to introduce decriminalization legislation in the first four months of next year.
Mr. Chrétien, who said he has never tried marijuana, said that the debate over decriminalization is ongoing and that the government will have to make a decision "one day." Mr. Chrétien's spokesman, Jim Munson, acknowledged that Mr. Cauchon "has made his intentions known." But Mr. Munson cautioned that the justice minister's plans are not final."
- The Ottawa Citizen, Thursday, December 19, 2002
Jan 2, 2003:
Marijuana declaired illegal by the courts - Lawyer Brian McCalister finally getting recognition that the pot laws do not exist because of the July 31st 2000 decision in the Parker case.
http://www.pot-tv.net/archive/shows/pottvshowse-1703.html
http://www.pot-tv.net/archive/shows/pottvshowse-1706.html
http://www.pot-tv.net/archive/shows/pottvshowse-1707.html
http://www.pot-tv.net/archive/shows/pottvshowse-1708.html
15th of March, 2003
John Ashcroft's good buddy Canadian Solicitor General Wayne Eastman seems to represent a more "American" aproach to decrim, as he announces a need for increased penalties.
http://www.pot-tv.net/archive/shows/pottvshowse-1831.html
April 15th, 2003
Austrailia begins talking "decrim"- $200 fines and "education courses" for those who have 30 grams or less.
http://www.pot-tv.net/archive/shows/pottvshowse-1887.html
http://www.pot-tv.net/archive/shows/pottvshowse-1896.html
http://www.pot-tv.net/archive/shows/pottvshowse-1897.html
May 1st, 2003
Canadian Prime Minister Jean Chretien promises "decrim" by "mid-june". Again, as with the House of Commons report on cannabis, this promise was made on the eve of the Supreme Court Constitutional Challenge against ALL the pot laws, including trafficking and cultivation.
http://www.pot-tv.net/archive/shows/pottvshowse-1939.html
The following is a really good one with Matt Elrod and Phillipe Lucas:
http://www.pot-tv.net/archive/shows/pottvshowse-1953.html
http://www.pot-tv.net/archive/shows/pottvshowse-1958.html
May 14th
Clearly bending over to the Bush Adminsistration and their fanatical war on weed, the Federal Liberal Government jumps back into the lap of their American masters with the perfect make-up gift for the Canadian decision not to back America's attack on Iraq. Canadian decriminlization will be backed by increased penalties for distribution and by doubling existing penalties for growing cannabis.
http://www.pot-tv.net/archive/shows/pottvshowse-1962.html
May 15th
http://www.pot-tv.net/archive/shows/pottvshowse-1965.html
http://www.pot-tv.net/archive/shows/pottvshowse-1966.html
May 16th
http://www.pot-tv.net/archive/shows/pottvshowse-1971.html
More John Walters....
http://www.pot-tv.net/archive/shows/pottvshowse-1967.html
May 20th
http://www.pot-tv.net/archive/shows/pottvshowse-1978.html
May 27th, 2003
http://www.pot-tv.net/archive/shows/pottvshowse-1986.html
May 28th, 2003
http://www.pot-tv.net/archive/shows/pottvshowse-1989.html
May 29th, 2003
http://www.pot-tv.net/archive/shows/pottvshowse-1991.html
May 30th, 2003
Activists discuss decrim. David Malmo-Levine, Marc Emery, Chris Bennett and Prof. Neil Boyd
http://www.pot-tv.net/archive/shows/pottvshowse-1995.html
http://www.pot-tv.net/archive/shows/pottvshowse-1996.html
http://www.pot-tv.net/archive/shows/pottvshowse-1997.html
July 22, 2003
Eric Nash, Phil Lucas and Matt Elrod
http://www.pot-tv.net/archive/shows/pottvshowse-2081.html
July 31, 2003
United Nations weighs in on Canadian Decrim.
http://www.pot-tv.net/archive/shows/pottvshowse-2094.html
3rd October, 2003
Chretien's "fine in one hand, joint in another" quote.
http://www.pot-tv.net/archive/shows/pottvshowse-2231.html
6th October, 2003
http://www.pot-tv.net/archive/shows/pottvshowse-2233.html
23rd of September 2003. Western Australia "decriminalizes" cannabis possession. The Parliament of Western Australia passed the Cannabis Control Bill of 2003. This legislation reduces penalties for smallscale cannabis cultivation and possession to a system of fines or "education" sessions for up to 30g of cannabis and two non-hydroponic plants. Cannabis paraphernalia will be regulated with health warnings and 18 purchases only.
While the law has passed, it will be another 6 months before Police have updated their procedures and are able to issue Cannabis Infringement Notices to offenders.
http://www.pot-tv.net/archive/shows/pottvshowse-2236.html
9th October, 2003
CBC coverage of Cauchon's attempt to push his Americanized Decrim Bill through the House of Parliament. Although possession of small amounts of marijuana will be subject to fines instead of incarceration, this bill doubles the penalty for growing and distribution.
http://www.pot-tv.net/archive/shows/pottvshowse-2245.html
The federal government is considering changing its proposed marijuana decriminalization law by cutting the amount that would result in criminal charges from 15 grams to 10 grams, according to a report in The Globe and Mail. The current bill takes a tough line against illicit growers and traffickers, especially those linked to organized crime. The maximum penalty for grow operations would be boosted to 14 years from the current seven. The penalty for large-scale trafficking is already life, although 20 years has been the stiffest sentence handed out in recent years.
http://www.pot-tv.net/archive/shows/pottvshowse-2244.html
13 Oct 2003 - So where do you stand on marijuana reform?
Featuring John Conroy, Alan Young, and Dan "The Traitor" McTeague.
http://www.pot-tv.net/archive/shows/pottvshowse-2247.html
23 Oct 2003
George Bush hates Jean Chretien for staying out of the war in Iraq, for letting our politicians point out that he is a Moron and a Bastard, but mostly for threatening to decriminalize the demon weed. Bush wants to place his own boy, Paul Martin, in Chretiens place and a get back to a good old boy realtionship with Canada's PM. That means putting more of us in jail!
http://www.pot-tv.net/archive/shows/pottvshowse-2267.html
Bill C-38 Meeting #2
http://www.pot-tv.net/archive/shows/pottvshowse-2270.html
Oct. 28th, 2003 (Bill C-38)
http://www.pot-tv.net/archive/shows/pottvshowse-2284.html
Oct. 29th, 2003 (Bill C-38) - especially at 29:00 min. mark 40:00, 45:00, 48:00, 56:00, 109:00 onwards
http://www.pot-tv.net/archive/shows/pottvshowse-2283.html
Nov. 4th, 2003 - more Bill C-38
http://www.pot-tv.net/archive/shows/pottvshowse-2283.html
http://www.pot-tv.net/archive/shows/pottvshowse-2284.html
"Pot Bill to be killed"
http://www.pot-tv.net/archive/shows/pottvshowse-2285.html
Cops and "Fathers against herbal euphorics" team up against decrim:
http://www.pot-tv.net/archive/shows/pottvshowse-2286.html
Nov. 5th 2003 - the latest debate on the pot bill.
http://www.pot-tv.net/archive/shows/pottvshowse-2288.html
At the 20 minute mark. The way it works....Canada goes down to Washington to see if the "net-widening", well-recorded, money-generating, poor people going to jail like never-before "decrim" is ok with them.....they say "yes" but we're sending Walters around to make it sound like you're really getting something good out of it!
Here's some images:
Chretien with Dubya and a big doobie:
http://static.userland.com/images/blackholebrain/dubyajoint.jpg
Chretien looking stupid:
http://www.globeandmail.com/series/election/photogallery/chretien-pic.jpg
http://www.vigile.net/00-10/chretien-controverse.jpg
http://www.vigile.net/00-6-i/chretien-3.jpg
http://www.globeandmail.com/RTGAM_Archive/images/20021110/wkyot1110/1110chretien.jpg
Chretien after you dosed on some heavy hallucinogens:
http://www.mackaycartoons.net/Chretien.jpg
http://www.opdebeeck.com/afbeeldingen/karikatuurschetsen/large/chretien.jpg
http://www.zolltec.com/pumpkins/images/chretien.jpg
http://www.ecn.org/agp/immagini/chretien.jpg
Chummy pals:
http://www.cnn.com/2002/ALLPOLITICS/09/09/bush.chretien/
http://www.pierrelemieux.org/Images/chretien-heil.jpg
http://www.legal-rights.org/images/chretienpm.jpg
Please check out my super cool website:
potshotzine.com
It's especially for activists and people who want to know the nitty gritty on the herb. The most recent issues were the "Ancient History" issues - sure to please.
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