Why is supply such a problem? Because state laws enacted in 1971-1972 introduced an
ideological schism between possession and supply that demonized supply, resulting in ever increasing penalties for supply at the same time as there was a gradual relaxation of penalties for possession and use. The demonization has been so effective that black market compassionate and grow-your-own suppliers are now treated as if they are master criminals.
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“The algorithms which underlie this technology, have at their heart arbitrary concepts of what is normal. People are selected for attention by authorities on the basis of their supposedly abnormal behaviour or appearance.” Mr Cope said
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Domestic and family violence is an ongoing scourge in our community. We do not think it necessary to repeat what is already well-known about the level of family and domestic violence and the harm that it does. These statistics are in any event, well summarised in the discussion paper.
However from a Civil Liberties point of view whilst the prevention of harm is a necessary condition for government to take action it is not a sufficient condition.
ln taking action to protect members of the community from harm, the state has to have regard to the
rights and liberties of other individuals. ln particular, before interfering with the rights and liberties of others it is that fundamental that the State demonstrates that the proposed measure will be effective at protecting the members of the community it is intended to protect.
Many if not all of the erosions of civil liberties over the last five decades were modelled in Nixon’s War on Drugs and the subsequent Reagan War on Drugs. Well before the sex offender and anti-terrorism laws: mandatory sentencing; reverse onus of proof; warrantless invasion of homes based on reasonable suspicion; proceeds of crime laws allowing
confiscation without conviction; phone tapping laws; cash transaction laws; and ‘civilisation’
of crime generally by replacing the criminal standard with the civil standard of proof
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“CCTV is a cheap way for politicians to be seen to be doing something to reduce crime. But it creates a false sense of security for the public.”
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It is extremely alarming that some parts of our government seem to think they should be protected from scrutiny by the elected representatives of the people of the country. This is an anathema to any Democrat.
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The QCCL unreservedly condemns all forms of racial vilification and discrimination. However in the Council’s view, it is another thing to make the expression of such views illegal
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Many if not all of the erosions of civil liberties over the last five decades were modelled in Nixon‟s War on Drugs, well before the sex offender and anti-terrorism laws: mandatory sentencing; reverse onus of proof; warrantless invasion of homes based on reasonable suspicion; proceeds of crime laws allowing confiscation without conviction; phone tapping laws; cash transaction laws; and „civilisation‟ of crime generally by replacing the criminal standard with the civil standard of proof
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The major flaw in the Bill is supply. The Victorian Law Reform Commission report on medicinal cannabis identified this as a key problem and recommended that Victoria organise its own cannabis industry, from cultivation to prescription. This recommendation was incorporated into the Victorian legislation. It is very hard to see how the Qld Bill can work without addressing this issue.
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President Nixon’s classification of cannabis as an illegal drug on a par with heroin had not the slightest relationship to any credible contemporary medicine or science.
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The right to free speech and the right to a fair trial are two of the most cherished values in a civilised society. However, they can and do come into conflict. Traditionally under our legal system this conflict has been resolved by effectively prohibiting the disclosure of allegations against a person until they have reached a stage where there is sufficient evidence to support a charge. At that point limited publicity is permitted. And then full publicity occurs at the time of trial. We support that traditional arrangement. Two reasons are traditionally given for this approach. The first is to protect the reputation of persons. Secondly to protect their right to a fair trial.
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The Council’s clear and oft-stated preference is for the government to legalise cannabis without any restrictions
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In the Council’s view the case for a Human Rights Act is quite simply irrefutable. In saying that the Council does not think that a Human Rights Act will constitute a revolution in either sense. That is, a Human Rights Act will not create a human rights nirvana in Queensland. Nor will it wreck the separation of powers between the branches of the government or destroy our democracy. What it will do is represent a bold statement of commitment by the Queensland Government to bring human rights closer to the heart of political culture in this state and provide a place where the marginalised and disadvantaged in our community can seek redress for their grievances.
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The Council’s clear and oft-stated preference is for the government to legalise cannabis without any restrictions, and we note that the federal health minister, Ms Sussan Ley, has recently reaffirmed that decriminalisation of cannabis is up to the states.
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In our submission, the process contemplated under this legislation is extremely bureaucratic and process driven. The focus of the legislation should be the treatment of ill people. In California, you can see a doctor and walk out of the pharmacy the same day with a prescription. Why can we not have that system in this country?
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Economic research indicates that early intervention is a more cost effective way of dealing with crime than conventional sanctions such as imprisonment
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The Council finds it nonsense to suggest appointment based solely on merit by this process is possible. Nor does the Council think that the public is best served by continuing to portray the notion that there is an idealised standard for a Judge and there is always a clear front-runner for the role. The Council is certain that for any position there are a considerable number of choices who would be more than capable of performing the role well. Society’s main interest is that the appointee is one of those capable of performing the role well. To that end it must be beyond doubt that the appointment was neither arbitrary nor political. That is what it is at the moment.
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“I can say without knowing the details that a significant number of them despite having been punished according to law, have been sentenced again to a bleak existence without their loved ones, without income and in many cases because they can’t speak the language with no prospect of any meaningful existence in the communities to which they have been sent.”
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