SCC ruling: Insite to stay open

[Guest Derek L]

Not according to the Canadian Centre on Substance Abuse* --

It is difficult to obtain accurate data on the prevalence and profile of injection drug use in Canada and internationally because it is an illegal activity.

I suppose they're "dumb wrong" too, eh Charter.rights?

*About CCSA

The Canadian Centre on Substance Abuse has a legislated mandate to provide national leadership and evidence-informed analysis and advice to mobilize collaborative efforts to reduce alcohol- and other drug-related harms.

CCSA is committed to advancing knowledge and understanding in the field, and is a leading partner in major national and international initiatives. CCSA provides access to a range of information and analysis relating to substance abuse issues, and connects Canadians to a broad spectrum of networks and activities.

Possession is illegal, not the usage………ie one doesn’t have to use the drugs to be charged, just have them in their possession…………..And on the flip side, if someone snorted/smoked/shot up the drugs they once had in their possession, said drugs are no longer in their possession.

[Guest American Woman]

delete

Edited October 11, 2011 by American Woman

[jbg]

Isn’t it also the same in the States? How many people are charged with usage as opposed to possession (amongst other things) in your neck of the woods?

Rare but not unheard of, especially in conjunction with driving or use of hazardous equipment.

[Guest American Woman]

Possession is illegal, not the usage………

It is difficult to obtain accurate data on [...] injection drug use in Canada [...] because it is an illegal activity.

That's from the Canadian Centre on Substance Abuse.

[Guest Derek L]

????

They got me for possession of something that was gone, long gone

[Guest Derek L]

It is difficult to obtain accurate data on [...] injection drug use in Canada [...] because it is an illegal activity.

That's from the Canadian Centre on Substance Abuse.

Ahh, but the possession is what is illegal in your quoted reference

[Guest Derek L]

Rare but not unheard of, especially in conjunction with driving or use of hazardous equipment.

conjunction with as I stated....The Crown here won't charge someone with usage

[Guest American Woman]

Ahh, but the possession is what is illegal in your quoted reference

What??

Injection drug USE is what's illegal in my quoted reference.

"It is difficult to obtain accurate data on [...] injection drug use in Canada [...] because it is an illegal activity."

That's "injection drug USE," not "possession."

[Guest Derek L]

What??

Injection drug USE is what's illegal in my quoted reference.

"It is difficult to obtain accurate data on [...] injection drug use in Canada [...] because it is an illegal activity."

That's "injection drug USE," not "possession."

It’s not….A person would be charged with possession of the crap they are injecting (if at all)…..That’s what makes it illegal……You need to posses said drug to use it……..Go google the DEA vs. Waylon Jennings….you’ll see why the case was thrown out

[Guest American Woman]

It’s not….

Forgive me if I take the word of the Canadian Centre of Substance Abuse over yours ...........

[Guest Derek L]

Forgive me if I take the word of the Canadian Centre of Substance Abuse over yours ...........

Are they members of the CBABC?

[olp1fan]

What??

Injection drug USE is what's illegal in my quoted reference.

"It is difficult to obtain accurate data on [...] injection drug use in Canada [...] because it is an illegal activity."

That's "injection drug USE," not "possession."

might be illegal but the supreme court ruled its permitted in the facility

that is the bottom line

[charter.rights]

If you're passing around a joint, everyone is in possession of the joint, according to the CDSA.

Only if the joint is present, then the charge is for possession not for illegal use as AW has been trying to insist. Once the joint is consumed, then there is nothing more that can be done.

[charter.rights]

Not according to the Canadian Centre on Substance Abuse* --

It is difficult to obtain accurate data on the prevalence and profile of injection drug use in Canada and internationally because it is an illegal activity.

I suppose they're "dumb wrong" too, eh Charter.rights?

*About CCSA

The Canadian Centre on Substance Abuse has a legislated mandate to provide national leadership and evidence-informed analysis and advice to mobilize collaborative efforts to reduce alcohol- and other drug-related harms.

CCSA is committed to advancing knowledge and understanding in the field, and is a leading partner in major national and international initiatives. CCSA provides access to a range of information and analysis relating to substance abuse issues, and connects Canadians to a broad spectrum of networks and activities.

The CCSA doesn't make or prescribe law. They are an advisory group only. So yes they are wrong.

Nowhere under the scope of The Law is "use" illegal. Only possession is.

[charter.rights]

Forgive me if I take the word of the Canadian Centre of Substance Abuse over yours ...........

Forgive us if you are trolling.

[capricorn]

Following the Supreme Court's ruling that Insite can remain open indefinitely, the supervised drug-injection site now begins its next battle - opening an inhalation room where people can smoke crack.

http://www.sunnewsnetwork.ca/sunnews/canada/archives/2011/10/20111010-210532.html

"Inhalation". Catchy way of putting it. Can't call it smoking room. Insite is a smoke free zone.

[GostHacked]

It's not illegal to use/take drugs. Ask your doctor!

[bush_cheney2004]

...Insite is a smoke free zone.

I almost blew Diet Mountain Dew through my nose after reading that. Oh...the irony.

[Guest American Woman]

It's not illegal to use/take drugs. Ask your doctor!

No, thank you. Since I'm not referring to medical use, I'll take the word of the Canadian Centre on Substance Abuse along with all of the other sources I've cited. Now if just one of you could cite even one source that says using illicit drugs is legal in Canada I'd love to see it. Fact is, even the sites about marijuana reform say it's illegal.

It is not legal in Canada to use cannabis for recreational purposes, or for any purposes other than medical use.

link

The Canadian government today proposed rules that would allow terminally ill patients and people suffering from chronic illnesses such as arthritis and AIDS to buy, cultivate and use marijuana for medicinal purposes.

....the rules would not make recreational use of marijuana legal.

link

And for the record, I'm betting that's the answer I would receive from any and every doctor, should I ask.

capricorn, on 11 October 2011 - 10:24 AM, said:...Insite is a smoke free zone.

I almost blew Diet Mountain Dew through my nose after reading that. Oh...the irony.

Too funny!

[guyser]

Now if just one of you could cite even one source that says using illicit drugs is legal in Canada I'd love to see it.

There is no source that says that , although we have all looked.

If it is not an illegal activity, and the search of the CCC shows nothing that says it is, then it is legal.

[waldo]

http://www.sunnewsnetwork.ca/sunnews/canada/archives/2011/10/20111010-210532.html

"Inhalation". Catchy way of putting it. Can't call it smoking room. Insite is a smoke free zone.

Too funny!

really? Here I thought that made pointed distinction between the inhale versus smoking methods of administering that drug. Hey now... can you inhale without smoking... anyone, anyone, anyone

[waldo]

No, thank you.

no! No, thank you - again, in your ongoing failure to provide an actual Canadian law that pertains to consumption, in the context you continue to present, to highlight, "use" does not imply consumption...

no! Most definitely, in the context you continue to present, "use" does not imply consumption... again, in your ongoing failure to provide an actual Canadian law that pertains to consumption, from a Canadian Parliamentary website:

ILLEGAL DRUG USE AND CRIME: A COMPLEX RELATIONSHIP - Prepared For The Senate Special Committee On Illegal Drugs

In Canada, it is an offence under the Controlled Drugs and Substances Act to possess, produce, traffic in, or import or export certain drugs. Persons who engage in these activities face

legal consequences linked directly or indirectly to their drug use. Consequences directly linked to drug use are simple possession offences, while those indirectly linked are all offences related to the production of or trafficking in illegal drugs.

- direct or indirect legal consequences related to drug use:

- direct consequences: simple possession offences

- indirect consequences: offences related to the production of or trafficking in illegal drugs

-

no consequences, direct or indirect, for actual drug use

Although the figures confirm the existence of crime directly and indirectly related to the

use of illegal drugs (possession versus trafficking, importing and production)

, there are nevertheless certain significant limits as a result of which the number of offences associated with illegal drug use is underestimated

hey now! "Use" is qualified to imply possession versus trafficking, importing and production... i.e., qualified, implicitly, to not imply consumption.

[Guest American Woman]

There is no source that says that , although we have all looked.

If it is not an illegal activity, and the search of the CCC shows nothing that says it is, then it is legal.

It's a matter of interpretation whether or not the CCC shows nothing - or something - that says it is. I've cited numerous sources, including the Canadian Centre on Substance Abuse, that says it is illegal. I would think they would be aware of what the law means.

Furthermore, I see no reason why one would need to be granted the right to "legal medical use" if "use" weren't illegal. It's not referred to as "legal possession" or "medical possession," but legal medical use. It's always stressed that the legality of medical use does not extend to legalizing recreational use.

I would think if using were legal, there would be a source saying so; emphasizing that "use" is legal, but possession, trafficking, producing is not.

According to the Centre for Addiction and Mental Health: "in Canada, cannabis use or possession is controlled by criminal law under the Controlled Drugs and Substances Act (CDSA)." link

[olp1fan]

It's a matter of interpretation whether or not the CCC shows nothing - or something - that says it is. I've cited numerous sources, including the Canadian Centre on Substance Abuse, that says it is illegal. I would think they would be aware of what the law means.

Furthermore, I see no reason why one would need to be granted the right to "legal medical use" if "use" weren't illegal. It's not referred to as "legal possession" or "medical possession," but legal medical use. It's always stressed that the legality of medical use does not extend to legalizing recreational use.

I would think if using were legal, there would be a source saying so; emphasizing that "use" is legal, but possession, trafficking, producing is not.

According to the Centre for Addiction and Mental Health: "in Canada, cannabis use or possession is controlled by criminal law under the Controlled Drugs and Substances Act (CDSA)." link

the highest court in Canada has ruled

deal with it

[cybercoma]

cite even one source that says using illicit drugs is legal in Canada

You do know that's not how laws are written, right? They don't make legislation telling people what they are allowed to do. They make legislation specifically prohibiting things. What is prohibited when it comes to drugs is possession, trafficking, import, export and manufacture, unless you have an exemption.