A disappointing decision today from Canada's Supreme Court, ruling 6-3 that the country's marijuana laws are constitutional and do not violate the nation's Charter of Rights and Freedoms. But, all is not lost, as the Court said Parliament could change the law:

"We conclude that it is within Parliament's legislative jurisdiction to criminalize the possession of marijuana, should it choose to do so," said the decision, co-written by Charles Gonthier and Ian Binnie. "Equally, it is open to Parliament to decriminalize or otherwise modify any aspect of the marijuana laws that it no longer considers to be good public policy."

New Prime Minister Paul Martin has said he will reintroduce a bill in Parliament to eliminate criminal penalties, including potential jail time and lasting criminal records, for those caught with small amounts of marijuana. Penalties would remain, and possibly increase, for large-scale growers and traffickers.

Today's decision could have a wider application than just in Canada. According to an e-mail we received from NORML,

The Canadian Supreme Court decision indicates that signatories to the 1961 United Nation's Single Convention Treaty on Narcotics, which include Canada, can modify their domestic drug laws, notably marijuana laws, towards a Dutch-like system of decriminalization and tolerance for adult use of marijuana.

The text of the decision is here.