Prohibition

Marijuana bylaw sparks legal fire

By Robert Freeman - Chilliwack Progress
 
Chilliwack is looking at a bylaw to stop licenced medical marijuana growers from growing pot for other licence-holders, "similar" to one introduced recently in Pitt Meadows.
 
Coun. Chuck Stam, who chairs Chilliwack's public safety committee, said abuse of the medical marijuana licensing system is a growing problem here, with several licence-holders "parking" their licences on one property, growing more plants than legally permitted.
 
And Health Canada is not living up to a commitment to inspect the sites to ensure compliance with the rules, he said.

I’ve read this novel before

By: Colby Cosh, Macleans
 
Bill C-95, the “criminal organization” amendment to the Criminal Code passed in 1997, has borne its inevitable fruit. Devised to calm the spirits of a fearful nation, the law bent civil liberties into new and fascinating shapes. It created a new offence:
 
467.11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
 
Which sounds fair enough, but be sure to check out the convenience-of-the-Crown caveats in subsection (2):
 
(2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that
 
(a) the criminal organization actually facilitated or committed an indictable offence;
 
(b) the participation or contribution of the accused actually enhanced the ability of the criminal organization to facilitate or commit an indictable offence;
 
(c) the accused knew the specific nature of any indictable offence that may have been facilitated or committed by the criminal organization; or
 
(d) the accused knew the identity of any of the persons who constitute the criminal organization.
 
To put it another way, you can conceivably be tried for “participating in or contributing to” a criminal organization even if it didn’t get around to committing any crimes, you didn’t do anything to help it actually commit crimes, you didn’t know what particular crimes it might be thinking of committing, and you couldn’t possibly pick anybody else in the group out of a lineup.

Terence Corcoran: The new prohibition

By: Terence Corcoran, National Post
 
The Harper government, fresh from botching its alleged pander to the libertarian wing of the Conservative party with its voluntary census plan, appears to be having no problem steamrolling over the libertarian wing’s sensitivities on crime. In back-to-back performances this week, two Cabinet ministers invoked harsh tough-on-crime motives that show the Tories’ concern about individual rights to be a fleeting interest compared with their enthusiasm for escalating the bonkers American war on drugs, gambling and sex.
 
Under the guise of fighting “organized crime,” a global economic sector created largely by government laws and regulations, the Conservatives — with hardly a peep from the opposition or critics — this week expanded the Canadian division of the monstrous U.S.-led war on drugs. For a government allegedly concerned about the “intrusiveness” of a pollster extracting personal information under threat of fines and prison, the Conservatives are disturbingly unconcerned about a massive increase in police power to meddle in the lives of its citizens in the name of fighting crime.

Corrections plans expansion at 35 prisons

By ROB TRIPP, Toronto Sun
 
KINGSTON, Ont. - The federal prison service plans to build new cells at 35 penitentiaries across the country to make room for an exploding inmate population.
 
A total of 60% of the country’s 58 federal prisons will see expansion, according to internal Corrections Canada information obtained by QMI Agency.
 
A list compiled by senior officials shows that new units will be built at six federal prisons in Ontario, including four in the immediate Kingston, Ont., area — Collins Bay, Frontenac, Pittsburgh and Bath institutions.
 
All six federal prisons for women will see expansion, according to the information.

Canada trails in legalizing pot debate

By JOSEPH QUESNEL, For the Winnipeg Sun
 
The federal government needs to look beyond just law enforcement as a means to combat gangs that plague Manitoba and increasingly many First Nation reserves.
 
Ottawa has announced it will be giving police and prosecutors enhanced powers to tackle activities such as prostitution, illegal gambling, and drug trafficking. The changes will expand the list of what is considered a serious crime in the Criminal Code. Keeping a common bawdy house (for hookers), keeping a gaming or betting house and exporting, importing and producing illegal drugs will all be added to the list of serious crimes.

Ex-Mexican president's proposal to legalize drugs stokes debate and meets resistance

By: Mark Stevenson, Winnipeg Free Press
 
MEXICO CITY - A former Mexican president's proposal to legalize drugs as a way of breaking the economic power of drug cartels is stoking debate inside his country and bringing opposition in Washington.
 
One thing most experts agreed on is that the idea is unlikely to prosper without similar moves to legalize or regulate the sale of drugs in the United States, the main consumer of drugs from Mexico.
 
When former President Vicente Fox wrote in a blog Sunday that "we should consider legalizing the production, distribution and sale of drugs," it was the most far-reaching and high-ranking stand for legalization yet in Mexico, where more than 28,000 people have died during the current administration's war against drug cartels. Read more »

The government’s crime strategy makes no sense

By Hugh MacIntyre, Western Standard: The Shotgun Blog
 
Terrence Corcoran at the National Post is making a point that we at the Western Standard have been making for a while. The sorts of crimes that the Harper government are targeting are victimless crimes. Gambling, prostitution, and drugs are all voluntary exchanges that do not require the use of force. So people who decide to engage in such activity do not need the protection of the state.

Former Mexican president urges successor to legalize drugs, saying it will undercut cartels

By: E. Eduardo Castillo, Winnipeg Free Press
 
MEXICO CITY - Former President Vicente Fox is joining with those urging his successor to legalize drugs in Mexico, saying that could break the economic power of the country's brutal drug cartels.
 
Fox's comments, posted Sunday on his blog, came less than a week after President Felipe Calderon agreed to open the door to discussions about the legalization of drugs, even though he stressed that he remained opposed to the idea.
 
Fox said places that have implemented the legalization strategy have not seen significant increases in drug use.

Marijuana religion case lawyers roll out final arguments

By IAN ROBERTSON, Toronto Sun
 
Officials would have difficulty weeding out posers from believers applying to smoke pot as a holy sacrament, an Ontario Superior Court judge said Friday.
 
“The nature of a religious belief ... is dealing with innermost feelings,” Justice Thea Herman told George Filipovic, a lawyer defending one of two “minister-members” of a marijuana-dedicated Toronto church.
 
He and co-counsel Paul Lewin suggested Parliament let applicants seek cannabis licences on religious grounds.

BC Hydro to implement Smart Meters, Jodie Emery comments on impact

By Scott Simpson, Vancouver Sun
 
One of British Columbia's biggest underground industries could find itself short-circuited by a BC Hydro technology upgrade.
 
Hydro is moving ahead with a plan to replace mechanical electricity meters with smart meters across the province that are expected to make it a lot tougher for indoor marijuana growers to conceal their operations.
 
Smart meters represent the first major upgrade on conventional analog electricity meters in a half century. Hydro last month issued a request for proposals for companies to bid on installation of new, digital meters as well as the accompanying hardware and software, to serve all of its customers by 2012.
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