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The Honourable Mr. Justice McCart
(Judgment
delivered orally August 14, 1997 at London, Ontario, Canada.)
Professor
Alan Young (U of T) Counsel for the Applicants/Defendants
ONTARIO COURT OF
JUSTICE (GENERAL DIVISION)
(Now the Superior Court of Justice)
(Southwest
Region)
BETWEEN:
HER MAJESTY THE
QUEEN
Respondent
(Prosecution)
and
CHRISTOPHER CLAY
and
JORDAN KENT PRENTICE
Applicants
(Defendants)
JUDGMENT
I wish to turn
now to some statistical evidence which was introduced by various of the
witnesses and which I accept as valid. I heard from a most impressive number
of experts, among whom there was a general consensus about effects of the
consumption of marijuana. From an analysis of their evidence I am able to
reach the following conclusions:
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1.
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Consumption of marijuana is relatively harmless
compared to the
so-called
hard drugs and including tobacco and alcohol;
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2.
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There exists no hard evidence demonstrating any
irreversible organic or mental damage from the consumption of
marijuana;
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3.
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That cannabis does cause alteration of mental
functions and as such, it would not be prudent to drive a car while
intoxicated;
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4.
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There is no hard evidence that cannabis
consumption induces psychoses;
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5.
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Cannabis is not an addictive substance;
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6.
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Marijuana is not criminogenic in that there is
no evidence of a causal relationship between cannabis use and criminality;
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7.
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That the consumption of marijuana probably does
not lead to "hard drug" use for the vast majority of marijuana
consumers, although there appears to be a statistical relationship between
the use of marijuana and a variety of other psychoactive drugs;
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8.
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Marijuana does not make people more aggressive
or violent;
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9.
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There have been no recorded deaths from the
consumption of marijuana;
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10.
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There is no evidence that marijuana causes
amotivational syndrome;
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11.
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Less than 1% of marijuana consumers are daily
users;
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12.
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Consumption in so-called "de-criminalized
states" does not increase out of proportion to states where there is
no de-criminalization.
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13.
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Health related costs of cannabis use are
negligible when compared to the costs attributable to tobacco and alcohol
consumption.
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