Albertans literally can’t get enough legal weed, as producers fall behind on supply obligations
Still waiting for your weed? Meet the people who’ve gotten theirs
Applying for a pot pardon could get you flagged and barred at the U.S. border, legal experts warn
On legalization day, the federal government announced it would table legislation by year’s end to allow those with simple cannabis possession convictions under 30 grams to apply for a pardon. It won’t be entirely unprecedented. Earlier this year, Ottawa found itself mulling over the question of how to remove the weight of convictions from a different set of Canadians once considered to be engaging in criminal behaviour — the LGBTQ community.
Consensual homosexual activity was decriminalized in 1969. But for decades, Canadians continued to have criminal convictions for obsolete criminal offences such as buggery, gross indecency, or anal intercourse. In June, Bill C-66, the Expungement of Historically Unjust Convictions Act, received royal assent. It offers expungement — not a pardon — for Canadians convicted of several offences related to same-sex sexual activity.
“If you make a policy about amnesty, the objective is to try and allow the most amount of people back in the simplest and cheapest way possible that you can think of,” she said in an interview shortly before legalization day.
The difficulty in both instances is figuring out the circumstances behind each person’s charges. While simple cannabis possession up to 30 grams is now legal thanks to the Cannabis Act, certain products — such as shatter — are still prohibited. And Canadians charged for engaging in same-sex activity are in a similar boat. Charges like buggery and gross indecency upon a male were sometimes used against someone engaging in consensual sex.
“You have difficulty figuring (it) out because the records won’t disclose that,” Enenajor said.
How criminal charges are recorded can vary from province to province, courthouse to courthouse — even police force by police force. The Parole Board of Canada will have its hands full trying to work through the particulars of Canadians with simple possession charges on their records, she said.
“That’s going to be difficult,” Enenajor said. “We’re not the best record-keepers in Canada when it comes to our criminal offences.”
Nonetheless, the possibility of a pardon is still welcomed by Canadians with cannabis convictions. The Campaign for Cannabis Amnesty said it “enthusiastically welcomes” the federal government’s announcement on pardons in a statement released Oct. 17. Even Fagin, despite the trouble his criminal record has caused him throughout his life, said he’s interested.
“I look forward to it, but expungement would be much better,” he said.
But the feeling of criminalization won’t end for some Canadians. Decades of research and court findings have shown that Black and Indigenous Canadians are far more likely to be charged for cannabis possession than white Canadians, even though they use at roughly the same rates.
“It’s incredibly unfair and burdensome and speaks to the operation of systemic racism in our society,” Enenajor said. “And that’s something I think Canada is struggling to deal with.”
Kani Malale, a film tech in Toronto, said he faced his first cannabis possession charge roughly 10 years ago. As he drove to a corner store to buy cigarettes for a friend, the police pulled him over and searched his car. They found nothing. He bought the cigarettes, brought them back to his friend, and then bought a gram of weed.
The same cops pulled him over once he left — and found it.
Malale was charged with simple possession and trafficking (he said he didn’t tell police who he’d bought the weed from). He was given a court summons for Easter Monday. And while he would go on to face more cannabis-related possession charges, that first one stuck.
“From there it was just a snowball effect, right?” he said. “Every time they pull you over, they see that. You’ve had that interaction (with police) and they’ve considered it a criminal interaction.”
He believes part of the reason why police continue to stop and search his car is due to his criminal history, as well as the fact he doesn’t tend to drive cars registered in his name — they have usually been registered to his mom or his sister. But Malale, as well as those decades of research, thinks his continued encounters with cops go deeper than his criminal record.
“In my heart, as a Black person growing up in Canada and my interaction with police, I don’t believe that’s the only reason,” he said.
Discrimination against the LGBTQ community has continued for decades after same-sex activity was decriminalized by the Canadian government. It’s possible Canadians convicted of cannabis-related possession charges may continue to live with the stigma. But Enenajor doesn’t believe they’ll be burdened for quite as long.
“Overwhelmingly, I think you’ll find most Canadians feel this makes sense,” she said. “That there’s no real reason people should have records for this.”
Brennan Doherty is a work and wealth reporter with StarMetro Calgary. Follow him on Twitter: @bren_doherty