The Conservative federal government of Prime Minister Stephen Harper will ask the Canadian Supreme Court to overturn a provincial court ruling that okayed Vancouver's

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The Conservative federal government of Prime Minister Stephen Harper will ask the Canadian Supreme Court to overturn a provincial court ruling that okayed Vancouver's InSite safe injection site. Justice Minister Rob Nicholson said the government will appeal because the case raised important questions about the division of powers among the federal and provincial governments, the CBC reported Tuesday.

InSite in the only supervised drug injection site in North America. It has been in place since 2003, when British Columbia health authorities won a temporary exemption from Canada's federal drug law. While the then Liberal government approved, the now governing Conservatives do not.

InSite originally won a three-year exemption from the federal drug law. Under tremendous pressure, the Conservatives grudgingly gave InSite a 15-month extension, then extended it to 22 months ending in June 2008.

But fearing the Conservatives' intentions, InSite operator the Portland Hotel Society, the Vancouver Area Network of Drug Users (VANDU), and two InSite clients filed a lawsuit in the BC courts seeking to have the provincial government, which under Canadian law is responsible for health care, declared the sole authority over InSite—not the federal government and the federal drug laws.

InSite and its supporters won in the BC Supreme Court in 2008 and won again last month in the province's highest court, the Court of Appeals. It is those decisions, which puts decisions on whether to keep InSite open firmly in the hands of BC health officials, that the federal government now seeks to overturn.

In his remarks Tuesday, Justice Minister Nicholson said nothing about shutting down InSite, instead saying the appeal was about clarifying provincial versus federal powers. "The case we'll be presenting before the court is to ask for clarification," he said. "I think it is important to do that."

But Portland Hotel Society director Mark Townsend was running out of patience with the Conservatives. "The courts have now ruled twice in favor of InSite," he said in a statement Tuesday. "Last time, they thought the feds were so out of line they made them pay all the costs. We wish Stephen Harper would stop wasting court time and the taxpayers' money and start helping to solve the drug problem in our community."

In a political maneuver designed to shield his embattled Conservative government from criticism during the upcoming Winter Olympics in Vancouver,

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In a political maneuver designed to shield his embattled Conservative government from criticism during the upcoming Winter Olympics in Vancouver, Canadian Prime Minister Stephen Harper Wednesday "prorogued," or shut down, parliament until a new session begins in March. The move kills all pending legislation, including a Tory "tough on crime" bill, C-15, that included mandatory minimum nine-month prison sentences for growing as much as a single marijuana plant.

Prorouging parliament is not a routine move, but this is the second time Harper has done it in a year. Last December, he did it to head off a looming vote of no-confidence, with a coalition of New Democrats, Liberals, and Bloc Quebecois looking to replace his Conservative government. Now, he says he is doing it to introduce a new budget, but the maneuver also kills all parliamentary committees, including one looking into allegations Canadian soldiers in Afghanistan turned detainees over to Afghan authorities who abused them. That inquiry has raised embarrassing questions about Canada's policies in Afghanistan.

To the relief of drug reform advocates and Canada's cannabis culture, the move kills a bill that was very harsh and very near to passage. Under the provisions of C-15 as passed by the House, people growing between one and 200 marijuana plants faced a minimum of six months if the "offense is committed for the purpose of trafficking." That would rise to nine months if it were a rental property, if children were endangered, or if the grow presented a public safety threat, i.e. was stealing electricity.

The bill mandated a one-year minimum for between 201 and 500 plants or for producing hashish and two years for more than 500 plants. It also had one-year minimums for importing or exporting marijuana and for trafficking more than three kilograms if it was for the benefit of "organized crime," there was threat or use of violence or weapons, or if the offender had a serious previous drug offense. The trafficking minimum jumped to two years if it occurred in a prison, if the trafficking was to a minor, or if it was "in or near a school, in or near an area normally frequented by youth or in the presence of youth."

The bill had been amended earlier this month by the Senate Constitutional Affairs and Legal Committee to remove the mandatory minimum provisions for under 201 plants, but only if the grows were not in residential areas and owned by the grower. That meant anyone growing in a residential neighborhood or in a rental property still faced a nine-month minimum, limiting relief to rural home-owners.

The bill awaited only a final vote in the Senate. Now, Harper has sacrificed it on the altar of his political calculations.

But like a vampire, C-15 is likely to rise from the grave. It has been a central plank in Harper's appeals to his law-and-order constituencies, and his government is almost certain to reintroduce it when the new session begins in March, or after he calls snap elections, which the Conservatives seem well-positioned to win as their main rivals, the Liberals, flounder.

Don't put away those wooden stakes just yet.

In the Chronicle's review of the top international drug policy stories of the year last w

In the Chronicle's review of the top international drug policy stories of the year last week, the slow spread of heroin maintenance was in the mix. This week, its back in the news, with word that a new Canadian heroin maintenance study in Vancouver is about to get underway.

The Study to Assess Longer-term Opioid Medication Effectiveness (SALOME) will choose a Downtown Eastside location next month and begin taking applications from potential participants in February, according to a Tuesday press release from the Inner Change Foundation, which, along with the Canadian Institutes of Health Research, is funding the trial. With selection of participants supposed to last only three weeks, that means SALOME could be underway by March.

SALOME will enroll 322 hard-core heroin addicts—they must have been using at least five years and failed other treatments, including methadone maintenance—in a year-long, two-phase study. During the first phase, half will be given injectable heroin (diacetylmorphine) and half will be given injectable Dilaudid® (hydromorphone). In the second phase, half of the participants will be switched to oral versions of the drug they are using.

The comparison of heroin and Dilaudid® was inspired by unanticipated results from SALOME's forerunner, NAOMI (the North American Opiate Medication Study), which began in Vancouver in 2005 and produced positive results in research reviews last year. In NAOMI, researchers found that participants could not differentiate between heroin and Dilaudid®. The comparison of success rate among injection and oral administration users was inspired by hopes of reducing rates of injection heroin use.

SALOME was also supposed to take place in Montreal, but Quebec provincial authorities effectively killed it there by refusing to fund it. SALOME researchers have announced that it will now proceed in Vancouver alone.

With an estimated 5,000 heroin addicts in the Downtown Eastside and a municipal government that has officially embraced the progressive four pillars approach--prevention, treatment, harm reduction, and law enforcement—to problematic drug use, Vancouver is most receptive to such ground-breaking research. It is also the home of Insite, North America's only safe injection site.

The NAOMI and SALOME projects are the only heroin maintenance programs to take place in North America. Ongoing or pilot heroin maintenance programs are underway in Britain, Denmark, Germany, the Netherlands, Spain, and Switzerland.

(Please read our top ten US domestic drug policy stories review too!)

Fresh on the success of NAOMI, the North American Opiate Maintenance Initiative, in which hardcore heroin addicts in Vancouver were given eithe

Fresh on the success of NAOMI, the North American Opiate Maintenance Initiative, in which hard-core heroin addicts in Vancouver were given either methadone, heroin, or Dilaudid in maintenance doses, Canadian researchers announced earlier this year plans to broaden and deeper their research with SALOME, the Study to Assess Long-term Opiate Maintenance Effectiveness. SALOME was supposed to begin this fall in Vancouver and Montreal, but Quebec provincial authorities have thrown a wrench in the works.

The Toronto Star reported this week that Quebec has balked on paying its share of the project, stopping the Montreal portion of SALOME in its tracks. The Vancouver portion, supported by the British Columbia provincial government, is set to move forth.

Quebec's refusal to pay its share—the Canadian Institutes of Health Research are kicking in $1 million for the three-year project—led Montreal's SALOME head researcher to charge the government with discrimination. The decision will have "disastrous consequences for people addicted to heroin and (who) don't respond to standard treatment," said Dr. Suzanne Brissette, chief of addiction medicine at Saint-Luc hospital. "There is no other treatment for these people."

NAOMI showed that heroin maintenance worked for people for whom methadone and other forms of treatment had not, she said. Had researchers found a treatment for cancer or diabetes, Quebec would not hesitate to help fund it, she added. "It's a clear case of discrimination," she said. "We have a treatment that works and they're saying, `Sorry folks, you won't get it.'"

NAOMI researchers estimate that Canada has between 60,000 and 90,000 heroin addicts. The NAOMI trials found that addicts on maintenance heroin used less illicit heroin, committed fewer crimes, and adapted healthier life-styles.

Canadian "Prince of Pot" Marc Emery turned himself in to Canadian authorities Monday and is in custody in Vancouver pending extradition to the United States.

Marc Emery is no longer a free man. Canada's Prince of Pot was taken into custody today. He turned himself in at the BC Supreme Court in Vancouver, and is now jailed in Vancouver awaiting imminent extradition to the US, where he is set to plead guilty to one count of marijuana distribution for selling pot seeds over the Internet.

Emery is expected to be sentenced to five years in federal prison in the US for his seed sales. He sold millions of seeds in the decade prior to his 2005 arrest and became a leading hemispheric advocate for marijuana legalization, using the profits from his seed sales to fund reformers across the continent.

He also called out then drug czar John Walters for lying about marijuana and interfering in Canadian domestic politics, leading then DEA head Karen Tandy to issue this press release lauding his arrest as a blow to the legalization movement:

Today's DEA arrest of Marc Scott Emery, publisher of Cannabis Culture Magazine, and the founder of a marijuana legalization group -- is a signficant blow not only to the marijuana trafficking trade in the U.S. and Canada, but also to the marijuana legalization movement.

His marijuana trade and propagandist marijuana magazine have generated nearly $5 million a year in profits that bolstered his trafficking efforts, but those have gone up in smoke today.

Emery and his organization had been designated as one of the Attorney General's most wanted international drug trafficking organizational targets -- one of only 46 in the world and the only one from Canada.

Hundreds of thousands of dollars of Emery's illicit profits are known to have been channeled to marijuana legalization groups active in the United States and Canda. Drug legalization lobbyists now have one less pot of money to rely on.

Can you say politically motivated? I knew you could.

One American attorney familiar with his case told me this weekend that Emery could have fought the prosecution and sought to have shown that it was unlawfully politically motivated, but that Emery and his Canadian legal team didn't want to take that risk. That's understandable, given that Emery was looking at decades or even life in prison if he lost.

Now, America's legions of unknown marijuana martyrs are being joined by one very big name. Let's hope that Emery's unjust imprisonment turns a spotlight on the hideousness of a US federal legal system that turns a blind eye to torture but cages a man for selling pot seeds.

The Vancouver Sun's Ian Mulgrew sums it up nicely in an op-ed piece entitled Marc Emery's Sentence Reeks of Injustice and Mocks Our Sovreignty:

After two decades as Canada's Prince of Pot, Marc Emery will surrender himself today in B.C. Supreme Court and become the country's first Marijuana Martyr.

Emery will begin serving what could be as long as five years behind bars as Uncle Sam's prisoner for a crime that in Canada would have earned him at most a month in the local hoosegow.

It is a legal tragedy that in my opinion marks the capitulation of our sovereignty and underscores the hypocrisy around cannabis.

Emery hasn't even visited America but he was arrested in July 2005 at the request of a Republican administration that abhorred his politics.

He is being handed over to a foreign government for an activity we are loath to prosecute because we don't think selling seeds is a major problem.

There are at least a score of seed-sellers downtown and many, many more such retail outlets across the country.

In the days ahead, once the federal justice minister signs the extradition papers, Emery will be frog-marched south to Seattle where his plea bargain will be rubber-stamped and he will be sent to a U.S. penitentiary.

For comparison, consider that the B.C. Court of Appeal last year said a one-month jail sentence plus probation was appropriate punishment for drug and money-laundering offences of this ilk.

The last time Emery was convicted in Canada of selling pot seeds, back in 1998, he was given a $2,000 fine.

There's more at the link above, but you get the gist. Mulgrew, of course, is right on the money. The Canadian government has shamefully failed to protect one of its citizens from the crazed drug war machine south of the border, and the US government is shamelessly imprisoning yet another non-violent pot person--this time mainly to shut him up.

We should demand that Marc Emery and all other marijuana prisoners be immediately released. Short of that, we should, as Emery requests, demand that he be allowed to serve his time at home in a Canadian prison.

Canada's Prince of Pot, Marc Emery, has less than a month of freedom remaining before he heads to the US border to be handcuffed and escorted to federal court in Seattle, where he will accept a ple

In a 2-1 decision last Friday, the Alberta Court of Appeals ruled that Calgary police violated Canadian privacy protections when they persuaded a utility company to attach a device to create a record of electricity usage in a home where they suspected marijuana was being grown. The case is Crown vs. Gomboc.

Daniel James Gomboc was arrested and convicted of marijuana cultivation after Calgary police on another call noticed his home showed signs that a marijuana grow was taking place. After spotting suggestive evidence, Calgary police then went to the utility provider Enmax without a warrant and persuaded it to attach a digital recording amp-meter (DRA) to Gomboc's home. The meter monitored Gomboc's power usage for five days, and police used the results to obtain the search warrant that resulted in his arrest and subsequent conviction.

Gomboc appealed his conviction, arguing that the warrantless use of the DRA violated his privacy rights under the Charter of Rights and Freedoms. The Alberta appeals court agreed, overturning his conviction and ordering a new trial. That new trial will take place without any of the evidence seized under the search warrant based on the DRA information.

"It has been famously said that 'the state has no business in the bedrooms of the nation,'" wrote Justice Peter Martin. "The actual prohibition is much broader: in our society, absent exigent circumstances, the state has no business in the homes of the nation without invitation or judicial authorization."

Martin added that the expectation of privacy extends beyond the simple information-gathering on the timing and amount of electricity used to the behavior of utility companies. "It is also objectively reasonable to expect that the utility would not be co-opted by the police to gather additional information of interest only to police," wrote Martin. "Indeed, I expect that the reasonable, informed citizen would be gravely concerned, and
would object to the state being allowed to use a utility to spy on a homeowner in this way."

The decision could be a precedent that will lead to more reversals, Gomboc's attorney, Charlie Stewart, told the Calgary Herald. "It's interesting to think of all the people who have pleaded guilty or been convicted under these circumstances," said Stewart. "It's a question of the legitimacy of the search."

In a report that was actually completed last October but not published until this week in the New England Jo

After flouting marijuana laws in this country for two decades, The Prince of Pot, Marc Emery, is rallying his supporters before he’s locked up in a Seattle jail this fall.

Bowing to the wishes of Canadian Prime Minister Stephen Harper, Liberal Party Members of Parliament (MPs) joined Monday with Harper's Conservatives to pass the controversial

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The Canadian House of Commons today passed the Conservative government of Prime Minister Steven Harper' C-15 crime bill, which will institute mandatory minimum sentencing for some marijuana and other drug offenses. The vote, in which after dilly-dallying for days, the opposition Liberals joined in, came despite hearings in which no witnesses favored such a tough on crime approach north of the border.

It's not a done deal yet. The bill must still be approved by the Canadian Senate, which issued a report several years ago calling for the government to head in the opposite directoin. But the Senate, which is appointed, is not known for bucking the government and the House of Commons.

That the Liberals buckled for fear of being "soft on crime" and supported the Conservatives in this giant step backward is disappointing but not surprising. Oh, Canada! Once we looked to you for a progressive example on drug policy.

I will be writing about all this for the Chronicle later this week, as well as focusing on our other border with a feature article on the Obama administration's new initiative to thwart the Mexican so-called drug cartels.

Despite fighting in the courts to shut down Insite, Canada's only safe injection site, Canada's conservative federal government is providing fundi

In its first review of Canada's asset forfeiture laws, the Canadian Supreme court ruled last Friday that the government could not seize the home of a Vancouver woman who grew marijuana there.