The provincial court doesn't really work like you're suggesting. Sorry you don't understand it's the criminal code of canada not bc. If bc provincial judges decided to squash all mj cases before them new cases would then be tried in Alberta or wherever. They'd have a rock solid case for change of venue for prosecution. Both sides can argue they can't get a fair trial in a specific place. And a conservative gov would pay all the extra cost with out blinking.
B.C MIGHT leglize mj for rec
- Thread starter rnr
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VIANARCHRIS
Well-Known Member
The RCMP in BC work under contract to the provincial government. Police do not lay charges in BC, that is up to the attorney general. If BC decides not to prosecute marijuana offenses, then what? Is Stupid Stephen going to send his goons in to go against the will of a province? That would get interesting...it would also be political suicide. IMO, of course!
VIANARCHRIS
Well-Known Member
I really don't think any government would make that move over MJ...the stakes are too high for no gain. If a province decided they would no longer prosecute murder or rape or bank robbery, it would be a given, but not for pot. It is pretty much legal in Vancouver and Victoria where the municipal police rarely arrest anyone for weed...the feds don't intervene there...
redi jedi
Well-Known Member
I was going to say this myself...the crown can decide to prosecute or not...the rcmp lays charges...and laying charges that the public has no will to prosecute is just a waste of their resources
The elected provincial government don't get to tell judges or crown prosecutors what crimes to go after and which to ignore. It's that simple. No one elected in bc can tell them hey we tolerate that now so no charges. Court doesn't work like that.
True but that isn't going to stop them from laying the charges and the crown prosecutors certainly don't take direction on how to apply federal law with in the province from any provincially elected offical. Does not work like that.
Summary offences no but indictable offences if they couldn't get a fair trial in bc they absolutely would ship people out of province.
And who is funding their police work? Who's signing rcmp officers pay cheques? The Feds. It's not like the province can fire the RCMP from policing virtually the whole province either. Plain and simple anyone in bc provincial politics who's claiming they will legalize weed is saying so just for votes they don't actually have the power to decriminalize it or force the RCMP not to make mj arrest or crown attorneys from persecuting those charges. It's all just for votes.
VIANARCHRIS
Well-Known Member
The taxpayers of BC fund the policing services of the RCMP who provide municipal, regional and provincial policing. Same as Alberta taxpayers. BC came very close two years ago to ending the contract with the RCMP, so it can be done. Unfortunately we signed another 20 year contract... with a clause that we can get out of it in 3 more years. As a province, BC can absolutely refuse to fund any mj prosecution, it is our money... I think you are underestimating the power of a province to flex some muscle. Just like Obama did with Colorado and Washington, Harper will avoid going to war with the people of BC, it's a loser's bet, for absolutely no payoff.
RCMP answer to Ottawa not Victoria no matter who's funding them in bc. If severing ties with the RCMP was so easy bc would have gone that route. No one at the provincial level can tell the RCMP what crimes to investigate despite your claim otherwise. The muscle the province had to flex over the RCMP is very limited. Btw if Obama decided to end the recreational free for all in the 4 states the dea would have that operation conpleated in quick order. Federal law trumps state law and up here in Canada federal law trumps provincial election promises that cannot be enforced every time. Don't believe me talk to a RCMP officer and they will tell you who decides what is priority Leo targets and what isn't. And it isn't anyone at the provincial level.
itsmehigh
Well-Known Member
The provinces can mandate and control funding to the rcmp. They can dictate what the rcmps priorities are. Take alcohol for example, different legal ages across Canada, different drunk driving laws, different point of sales. It's upto the provinces to decide what they want. Cannabis would be no different. Take the sensible BC movement, if there wasn't a chance for change in BC there wouldn't have been a sensible BC campaign. The sensible policing act would have been introduced if the campaign would have been successful.
Itsme.
Itsme.
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Feds can mandate that the RCMP uphold FEDERAL law. Don't kid yourself the province of bc has no wiggle room on the legality of marijuana.
In the lower mainland simple possession is tolerated everywhere unless you're a dickhead to the Leo you have to deal with.
Also alcohols is a legal product. Marijuana isn't. That distinction is what makes this whole argument comparing the 2 things retarded. You can't make something prvincially legal when it's federally illigal! No if ands or buts about it. It's illigal. RCMP may answer to many politicians but the ones in Ottawa have the final say.
It's an obvious ploy to get pot smokers to vote for whoever is making a promise their ass can't possibly keep. Smart move in bc if you ask me but like 95% of what politicians say it's total bullshit. It's already a free for all for possession across Canada. Just don't have a large amount on you if you're a rec user (under a oz) and most Leo's will just take it if your upfront with them when they make contact with you. It's when you are dishonest or a dickhead that you'll pick up a charge. Before I was legal I have numerous runins with Leo's and none were ever wanting to file charges. It's all in how you talk to them and what you tell them. Forfeiting a oz is easier to handle then the other routes. This honesty right from contact method also worked with a gram of blow and a q of shrooms at diffrent times.
I see Harper getting a minority not majority if the cons pull out a victory. The Ndp and lib will join up and kill legislation the left don't like but the cons will still be directing the RCMP so I think your very right. The loudest voices in the dispensary world will go down if cons win no matter majority or minority.