During the 2015 federal election, the legalization and regulation of marijuana was a major plank in the Liberal Party’s platform and an especially enticing platform piece for young voters. While some people were expecting immediate reform, the process has proven to be nothing but painful.

It is no question that the legalization of marijuana has been a slower process than many people had anticipated upon the election of the Liberal government. With a Liberal majority, it was assumed that legalization would be a matter of simply passing a bill in the House of Commons and the government’s resistance to marijuana would dissipate.

For now, legal marijuana still seems to be a pipe dream.

However, Justin Trudeau’s agenda is not being pushed forward at the anticipated rate. This is partly due to sugar-coated campaign talking points, leading to a Canadian population that is uninformed about the inherent difficulties of legalization. Among the greatest of these difficulties are a series of drug treaties that were signed over the course of the 1960s, 1970s and 1980s.

All three of the treaties have time constraints on withdrawal, meaning that Canada couldn’t immediately leave. Although withdrawing is still one option, the Liberal government has yet to make clear how they plan on dealing with the realities of these agreements.

There are many ways to go about this process, but the easiest way with the fewest repercussions is likely withdrawing from the treaties entirely, rather than trying to make marijuana an exception. It is important to formally withdraw, rather than ignore the treaties to set the precedent that countries cannot selectively “ignore” the war on drugs and human rights treaties.

In order to withdraw from these treaties, a written notification must be presented to the Secretary-General of the United Nations. The 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances allows the country to leave one year to the day after the Secretary-General receives the notification. However, the 1961 Single Convention on Narcotic Drugs requires fast action by the government, or Canada will be unable to legalize pot until just before the next election.

The Liberals have stated that marijuana legislation will be introduced in spring of 2017. According to the agreements, the intention to denounce the treaties must be presented before July 1 of this year, or Canada will not be able to make marijuana legal until Jan. 1 of 2019 without violating the agreements.

A spokesperson for Global Affairs Minister Stephane Dion stated that, “The Government will be examining the recommendations from the task force report, as well as our international commitments” in relation to the treaty withdrawal deadlines. However, the task force claimed that solving the problem of the treaties is not part of its purpose.

While Canadians are supporting pot legalization today more than ever, 80 per cent of Canadians think that a reliable system for testing drivers who may be under the influence takes precedent over legalization. A reliable system has also been difficult to create, and is another obstruction of swift legalization.

It is not impossible for Trudeau to meet the deadline, but this work must be completed quickly. The findings and recommendations of the marijuana task force will be released at a later date, legislation will not be presented until April and then the proper democratic processes will have to take place before it can pass as a law.

In addition, the Liberal government may face public backlash if a reliable method of testing impaired drivers is not already established before attempting to withdraw from the treaties.

Considering how many obstacles have delayed the legalization process thus far, and how many unresolved problems still exist, I would be surprised to see any kind of change on the legalization front until just before the next election. Chances are, a complete and appropriate appeal will not be presented to the UN by July 1, and legalization will be delayed until at least 2019.

If incomplete by the next election, look for the final step of legalization to be a very powerful motivator on the campaign trail. Hopefully, the rest of the work on this issue can be completed before July 1, but in all likelihood, at least for the time being, marijuana legalization has gone up in smoke.

—

Travis Hebert

Photo: Jeremy Britz / Photo Editor