Canadian Lawyer

Regional wRap-up Does Sivia mean municipalities can decriminalize marijuana? w hen Vancouver criminal lawyer Paul Doroshenko pointed out in a blog post that the reasons for judgment in Sivia v. British Columbia (Superintendent of Motor Vehicles) decision could provide the thin edge of the wedge for decriminalization of marijuana for consenting municipalities, he got 300 hits almost immediately. "The principle that arises in Sivia might be used in legalizing marijuana," he said, as he posted the blog following the Union of BC Municipality annual meeting in fall 2012 where mayors voted to lobby Ottawa for the decriminalization of the substance. The Sivia case (involving petitioners Aman Preet Sivia, Carol Marion Beam, Jamie Allen Chisholm, and Scott Roberts) questioned the right of the B.C. government to provide roadside suspensions (automatic roadside prohibition or ARP and immediate roadside prohibition or IRP). The petitioners claim it was the federal government's jurisdiction to forge criminal laws relating to impaired driving. The more severe ARP (which was applied to Sivia et al) suspends the driver's right for 90 days but decriminalizes the impaired driving act by police, as there is no charge under the Criminal Code of Canada. As well as the driver's suspension, the ARPs carry fines of more than $4,000, and include the use of an interlock device for over a year. B.C. Supreme Court Justice Jon S. Sigurdson ruled, "the ARP regime is validly enacted provincial legislation from a division of powers perspective. Although it is closer to criminal law than any of its predecessors, the pith and substance of the legislation relates to the licensing of drivers and the enhancement of highway traffic safety, and is not properly characterized as criminal law." He said the provincial legislation "does not cross the threshold" of creating an offence and there is no direct violation of the individual's Charter rights nor does it impose "true penal consequences." He conceded while the current legislation does infringe upon the individual's right to counsel at the roadside screenings "it is saved by s. 1 as it is a limit, which is demonstrably justified in a free and democratic society." Doroshenko said the case is interesting because it demonstrates lawmakers AVAILABLE ONLINE AND IN PRINT REACH ONE OF THE LARGEST LEGAL AND BUSINESS MARKETS IN CANADA! $ WIpN GACard le ift ting 500 Aepyour current lisnced a d With more than 179,000 page views and 31,000 unique visitors monthly canadianlawlist.com captures your market. er enh 3 Upgra ld or Silv 201 to a Go by June 30, in. listing hance to w for a c elow for details See b FOR MORE INFORMATION CONTACT Colleen Austin: T: 416.649.9327 E: colleen.austin@thomsonreuters.com PLUS! Monthly draws from January to June, 2013 for a $100 Apple Gift Card just for asking how you can develop your business with an Annual Gold or Silver Enhanced Listing. 12 Untitled-1 r 1 2 0 1 3 Janua y www.CANADIAN L a w ye r m a g . c o m Visit www.canadianlawlist.com for full contest details. 12-12-10 9:41 AM

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