Head of 1971 Canadian
Commission Recommending Decriminalization of Marijuana
"Stands By Report"
From the Edmonton Sun
March 8, 1998
By Kerry Diottesun.letters@ccinet.ab.ca.
http://www.canoe.ca/EdmontonSun/
LEDAIN STANDS BY 71 REPORT
The LeDain Commission was set up by the federal government in 1969 as the Commission of
Inquiry into the Non-medical Use of Drugs. It issued four reports
including one in 1971 on cannabis, which recommended that simple possession of cannabis
and cultivation for personal use be permitted, but importation and trafficking remain a
crime.
The man who headed a Canadian royal commission which recommended marijuana be
decriminalized, is as proud of the study today as he was when it came out more than a
quarter of a century ago.
"We worked like hell," commission head Gerald LeDain tells the Edmonton Sun
when reached at his Ottawa home. "We really did our homework."
"The heart of the study was, why should cannabis be treated so harshly compared to
tobacco and alcohol?" says LeDain, who was one of three on the five-person commission
who wrote the majority opinion.
Virtually none of the commissions recommendations were made
into law, something LeDain blames on politicians.
"It was a hot potato for all the parties and they didnt want to run any
risks," says the man who was dean of law at University of Torontos Osgoode Hall
when he headed the commission.
"The position adopted by the politicians was to do
nothing." LeDain says the commissioners were just recommending what the public wanted
concerning pot.
"We saw at the hearings the public was worried about their kids. The public
saw those current laws as a tremendous injustice."
LeDain recalls the extensive media coverage his royal commission received. Not only was
it front-page news in every major daily Canadian paper, many came out with special
supplements detailing the cannabis study.
Penguin books published the report dealing with cannabis and it
became a top-selling title in several countries.
LeDain is particularly proud the commissioners demanded there be no interference from
the government while they compiled their studies. There wasnt, he says.
"I knew Pierre (Trudeau) well at the time and I made it my business to be assured
from him our independence would be respected."
The commissions findings proved to be a political bombshell for the Grits.
"It cost him and it caused the government embarrassment before the 1972 election.
Our report had created a public demand for a change in the law."
Today, LeDains life is markedly quieter. He retired for
health reasons from the Supreme Court 10 years ago and lives alone in Ottawa.
His wife died two years ago and LeDain putters around making his own meals, paying
bills and worrying about slipping on the ice in the winter. Breaking a hip at age 74 can
be a big problem, he says.
He also maintains a family cottage in the Laurentians for his four grown children and
10 grandchildren, and is busy writing his memoirs. "I live a simple, low-profile life
now. Im content."
A filing cabinet in his basement is still filled with commission transcripts.
"Ill leave them behind for someone. I cant bring myself to throw them
out."
One thing, however, hasnt changed with LeDain. He still believes in his
commissions findings.
"Those conclusions stand. I stand by them."