The discussion around the legalization of marijuana is heating up across Canada, especially because of the Liberal government’s decision to introduce legislation for legalization as early as next spring.
“I don’t think that people should anticipate that the backlog of the courts is largely due to prosecutions from minor possessions of marijuana,” says Edward Prutschi, partner at Adler Bytensky Prutschi Shikhman Criminal Litigation, when asked whether legalizing marijuana will assist in dealing with court delays. “It will create some opening though because people are not going to be prosecuted for these types of cases anymore and I think that is to the benefit of the system as a whole . . . and it will be a benefit from a police resource perspective.”
Nathan Gorham, partner at Rusonik O’Connor Robbins Ross Gorham & Angelini LLP, agrees with Prutschi, but he adds that he thinks the legalization of marijuana could potentially lead to the decrease of violent crimes often associated with gangs and the selling of marijuana at street level — robbery, assault and even murder — although he is unsure if the potential decrease in these crimes would be enough to make a difference within the justice system.