David ETTERSHANK (Western Metropolitan) (18:49): (865)
My question is to the Attorney-General. Every year on 20 April cannabis communities across the globe gather at 420 events to celebrate all things cannabis and to call for law reform and destigmatisation.
This year around 300 brave souls gathered at Flagstaff Gardens to demonstrate their commitment to the cause, defying the alarming spectacle of 60 patrolling police with sniffer dogs.
The event was sponsored by multiple crossbenchers from this place – the Greens, the Libertarians, Animal Justice and of course Legalise Cannabis Victoria.
The pre-emptive declaration by Chief Commissioner Shane Patton that police would be adopting a zero-tolerance approach and vigorously enforcing the law was a shrewd one, albeit an overreaction, and had multiple effects.
On the one hand, it significantly reduced the crowd, with many people arriving, appraising the police presence and heading rapidly away from the park.
On the other hand, the commissioner effectively laid the blame for the many police actions that followed at the feet of the government: ‘You, the government, make the law and we, the police, just enforce it.’ Certainly Victoria Police’s approach this year was far more nuanced than in the previous two years.
Instead of scenes of police horses stomping over picnickers and medicinal cannabis patients being arrested and cable-tied, there was a focus on cautions and even some agreed protocols around medicinal cannabis patients.
From my perspective the majority of officers were professional. Indeed most were positively embarrassed at having to enforce such draconian laws on citizens who clearly posed no threat to either peace or civility.
One officer said, ‘Yep. This is what I really trained for – to save lives and protect the public.’ As far as we can determine, Victoria, supposedly the most progressive state in Australia, was the only place where such police interventions and around 40 arrests occurred.
This is so shameful. So, well played, Chief Commissioner Patton. Hundreds of thousands of taxpayer dollars wasted, and you get to blame it all on the government.
Personal use of cannabis is often seen as a victimless crime, but the reality is that Victoria is annually arresting around 9000 people, mainly young citizens from marginalised and working-class communities, which damages lives and careers and stigmatises consumers. and respond to the overwhelming public support for personal cannabis consumption to be legalised?
The PRESIDENT:
Your time has run out, Mr Ettershank. Can you change that question to an action, please?
David ETTERSHANK:
The action I seek is for the Attorney to explain when this government will accept that prohibition against personal use of cannabis has failed and that its policing is discriminatory and a waste of taxpayers money and respond to the overwhelming public support for personal cannabis consumption to be legalised.
Written Answer
Received: 25 June 2024
Hon. Jaclyn Symes
(Attorney-General, Minister for Emergency Services)
I thank the member for his question. I would first like to clarify that cannabis law reform falls within the portfolios of the Minister for Mental Health. As such, the member may wish to redirect his query regarding that specific issue.
I can provide some comments in relation to the member’s query regarding police responses to the cannabis reform demonstration.
All Victorians have a right to peaceful assembly and the right to freedom of association under the Charter of Human Rights and Responsibilities Act 2006. Victoria Police has a duty to maintain law and order that is appropriately balanced with the protection of fundamental rights and freedoms of all Victorians. For example, ‘move on’ powers cannot be used to stop people engaging in protest or publicising their views.
In saying that, police can respond to unlawful activity, and where protests involve the committing of offences, this can trigger a police response such as arrest and possible prosecution of those involved.
Police powers are balanced with individual’s rights under the Charter and as a public authority, Victoria Police is required to act consistently with the human rights in the Charter when maintaining public order. These powers are intended to protect the safety of the community while ensuring that individual freedoms and rights are also protected.
[ENDS]
