Law Times

Law Times • January 15, 2018 Page 11 www.lawtimesnews.com No dramatic shift in police treatment of pot BY SHANNON KARI For Law Times T he legalization of pos- sessing small amounts of cannabis for recre- ational use is a cam- paign promise that the Liberal government of Justin Trudeau is following through on since it was elected in the fall of 2015. In the more than two years since that election, however, imminent legalization did not result in a dramatic shift by law enforcement when it came to enforcing the current prohibi- tions against marijuana use and distribution. Police in numerous mu- nicipalities laid charges against dispensaries that opened up quickly to try to take advantage of consumer demand and the promise of future changes in the law. Even people found with small amounts of cannabis in their possession faced criminal sanction. Almost 18,000 individuals were charged with possession offences in 2016, according to Statistics Canada. That number declined by about 15 per cent from the year before. Of the total number of people charged with cannabis-related offences that year, three-quarters were for illegal possession of the substance. The legislation that was passed in the House of Com- mons would make it legal for adults to possess up to 30 grams of marijuana, grow as many as four cannabis plants at home and make edible cannabis prod- ucts for home consumption as long as no solvents are used. What is not clear yet is how the changes will impact what happens in the criminal courts in the future in terms of how po- lice investigate and the Crown prosecutes marijuana produc- tion, distribution and posses- sion that is still illegal under the new measures. Some defence lawyers, who regularly act for clients charged with drug offences, say it may not result in major changes. "The main area [of pros- ecutions] will be growing and selling that is not approved by the government," says Toronto defence lawyer Paul Lewin, partner at Lewin & Sagara LLP, whose practice is focused on cannabis law. "They will say it is about pro- tecting the public, but govern- ments will want to protect their cut," says Lewin, in reference to the tax revenue that will be generated from legal cannabis sales. The defence lawyer points to some of the potential financial penalties set out in Ontario's re- cently enacted cannabis legisla- tion. Corporations convicted of illegally selling marijuana from a retail outlet will face a minimum fine of $25,000 and a maximum penalty of $1 mil- lion. There are also stiff fines for individuals convicted of provin- cial marijuana offences. The size of any future black market will depend on what the government operations are of- fering customers, says Lewin. "What is the quality? What is the price point?" he says. "There absolutely will be a black market, although it will be diminished." Frank Miller, a senior crimi- nal defence lawyer in Windsor, Ont., says he does not expect police to change practices when it comes to investigating illegal cannabis operations, such as grow-ops. "I don't think the police are suddenly going to switch off. They have invested a lot of mon- ey in the investigation of the product," he says. At the same time, when it comes to grow-op investiga- tions, it normally stems from neighbour complaints, Miller notes. He adds that legalizing the possession of small amounts of marijuana may not impact how courts look at individuals con- victed of offences in this area after the changes are enacted into law. "The courts have already ad- justed" in terms of the sentences that are imposed for marijuana offences, says Miller. "I don't think courts will treat people with grow-ops any differently," he adds. The amendments to the Criminal Code may make it more difficult for prosecutors at a sentencing hearing for indi- viduals convicted of marijuana trafficking or production of- fences, however, Lewin says. "The whole idea that this is the evil weed is now hard to maintain," he says. As well, while the federal government has hinted at mak- ing it easier to obtain a pardon for a past criminal conviction for simple possession of mari- juana, Lewin says it is time for concrete action. "Prime Minister Trudeau should be taking the lead. All simple possession offences should be pardoned," he says. One collateral issue of making it legal to have small amounts of cannabis is the potential impact FOCUS Lawyers say it's unclear if there will be major changes in how police investigate marijuana production, distribution and possession charges or how Crowns pros- ecute these offences. See Courts, page 12 There absolutely will be a black market, although it will be diminished. Paul Lewin © Shutterstock Visit gpllm.law.utoronto.ca Questions? gpllm@utoronto.ca Apply today. ONE YEAR | PART-TIME | FOR LAWYERS AND BUSINESS LEADERS Master the Law. Canada's leading law school offers a graduate degree in four unique streams: Business Law Canadian Law in a Global Context Innovation, Law and Technology Law of Leadership Untitled-6 1 2017-07-27 2:46 PM

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