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AC revises its alcohol and drug policy to include cannabis ahead of legalization

AC revises its alcohol and drug policy to include cannabis ahead of legalization

Old Nov 7, 2019, 11:00 am
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Old Nov 7, 2019, 11:08 am
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Old Nov 7, 2019, 11:37 am
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Originally Posted by skybluesea
Then you must be familiar with:
https://www.unodc.org/unodc/en/treat...afficking.html

Air Canada gets NO free pass if it knowingly conspires to destroy evidence, as suggested

ps...possession maybe legal, importation is NOT, so in this case, somebody returning to Canada after such an IRROPS means another crime. And possession also has threshold limits, above which still remains trafficking- AC knows all this and ludicrous for somebody with legal background to be giving advice AC should have SOP.
Yes, I'm familiar with the Single Convention on Narcotic Drugs and it's accompanying treaties. I'm also aware that the US, in it's war on drugs, has decimated communities in mostly marginalized parts of society. I'm aware of the history of the moral panic including reefer madness, the racist background of US drug enforcement, the expense of mass incarceration, and the human tragedy that is completely unnecessary due to poor policy, including pushing such treaties.
That the US has an long history of prohibition and draconian law enforcement against supposed morality violations.
Is the letter of the law broken? Absolutely. I didn't say it wasn't. But good luck finding a prosecutor willing to take on a legal case against someone who was doing something legal in Canada, on a domestic flight, that was landed in the US through no fault of his or her own, and had no motive or intent to break US drug laws. For the same reason these passengers weren't immediately deported from the US (even though they didn't have the correct documentation) it's not something law enforcement would even bother with trying to seek out. Just because it's against the law doesn't make it just, or worth enforcing, or even enforceable.

As for legality, I'd be much more worried about legal opioids in the US (and in Canada). They do much, much more harm than some marijuana.

As for legal thresholds and amounts, sure, people may break the law. It's not ACs place to enforce it. CATSA? Maybe. AC are just a common carrier. By your logic an ISP would be liable for piracy of a customer carryed out on an encrypted data channel as well (as suitcases are opaque packets to the airline.) AC also tells you not to pack all kinds of stuff like lithium ion batteries in your checked luggage but can't enforce what's actually in there (but for safety reasons, please don't). They can ask you to declare that you didn't, which they do. Maybe this is something they should add, if they haven't
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Old Nov 7, 2019, 11:54 am
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Mah said the airline has a cannabis policy which states that in the event of a diversion, a passenger refused entry into a country because of cannabis possession is responsible for the consequences, including payment for the return trip home.


If AC diverts me to a country I have no intention of visiting, and for whatever reason won't cover the trip "home" (i.e. to the ticketed destination), they're going to have a pretty significant legal battle on their hands.
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Old Nov 7, 2019, 11:58 am
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Old Nov 7, 2019, 12:09 pm
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Originally Posted by skybluesea
Before or after time in a US pokey? 😃

AC has canceled tickets for far less... and implicitly you agree, within the tariff, Air Canada will act in a manner to ensure safety, and if that includes a diversion to a foreign country, caveat emptor
skybluesea are you familiar with the Tokyo convention? Particularly in regards to jurisdiction in domestic and international flights? I know it mainly deals with unruly passengers and crimes committed on board, but if you think possession of marijuana is a crime, you should probably look at the convention...

Again, IANAL, but it seems pretty clear that the plane itself, even in a forced landing, is under the jurisdiction of the registry state and the authority of the captain (who has actual policing rights and obligations to ensure the safety and integrity of craft, crew, passengers and cargo).

It's not even destruction of evidence of you never take it off the plane. It's either a domestic flight, that happened to emergency land in the US, so inside the plane is under registration country jurisdiction... Or an international flight, with a forced landing, where the same applies.

Last edited by ecc; Nov 7, 2019 at 12:12 pm Reason: Added more info
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Old Nov 7, 2019, 12:15 pm
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Old Nov 7, 2019, 12:18 pm
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I can't see any basis for a complaint. Unless you were on the flight, you have no firsthand knowledge of what may or may not have happened. As anyone knows who has read media reports in their field of specialization, they are usually incomplete and often inaccurate, so we really have no idea what actually happened.

We don't prosecute people on the basis of hearsay, I can't see any professional body taking a complaint seriously based solely on the third hand knowledge from a media article by a party with no involvement or connection to the events.
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Old Nov 7, 2019, 12:21 pm
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Originally Posted by skybluesea
Badenoch
Well, this has come to pass, including de-Boarding at SEA on a Cdn domestic flight - good luck if you try out your theory
Meh. In this instance no one was arrested or charged. This would not deter me from carrying cannabis on a domestic flight. In the unlikely event it did happen I'd ensure it was not on my person or in my belongings when presenting to the CBP.
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Old Nov 7, 2019, 12:27 pm
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Old Nov 7, 2019, 12:39 pm
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Originally Posted by skybluesea
Tokyo Convention does not supersede domestic criminal law when an aircraft, passengers and crew are physically present on foreign soil.Canada changed its own laws after 911 to make even the airspace over Canada subject to domestic laws re overflights. I could go much further, but I need to stick as closely as possible to the thread topic.

And I agree Air Canada has no obligation to enforce law, but has every obligation not to participate in the destruction of evidence by a formal SOP as suggested in the article
So if the pilot announced while in the air, "folks, we have to land in the US instead, so if you have weed, please dump it before we land/before we cross into US airspace", which would mean that it's still Canadian jurisdiction, and no crime was even commited, yes? There's no crime, which means that there's no evidence to preserve...
And if he dumped the toilet tanks above Canadian soil, even more so.
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Old Nov 7, 2019, 1:13 pm
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Originally Posted by ecc
And if he dumped the toilet tanks above Canadian soil, even more so.
That isn't how it works...

As a non-marijuana user this seems like a dumb issue, why travel with marijuana? Something tells me the passengers on this flight might have successfully obtained marijuana in Vancouver.
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Old Nov 7, 2019, 1:22 pm
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Originally Posted by Error 601
That isn't how it works...

As a non-marijuana user this seems like a dumb issue, why travel with marijuana? Something tells me the passengers on this flight might have successfully obtained marijuana in Vancouver.
I'm right now in Chicago, and there are lots of malls here.

Despite that, I packed clothes for the week.
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Old Nov 7, 2019, 1:23 pm
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Originally Posted by Error 601
That isn't how it works...

As a non-marijuana user this seems like a dumb issue, why travel with marijuana? Something tells me the passengers on this flight might have successfully obtained marijuana in Vancouver.
If I have a vape pen with CBD oil in Toronto, why would I leave the cartridge at home, bringing an empty pen to Vancouver?

It's also easy to buy new underwear in YVR, but if I have it in YYZ and it's legal on the whole trip, I'm bringing it with me.

Edit: RangerNS beat me by a minute with literally the same point

Originally Posted by RangerNS
I'm right now in Chicago, and there are lots of malls here.

Despite that, I packed clothes for the week.
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Old Nov 7, 2019, 1:25 pm
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Originally Posted by Error 601
That isn't how it works...

As a non-marijuana user this seems like a dumb issue, why travel with marijuana? Something tells me the passengers on this flight might have successfully obtained marijuana in Vancouver.
I know that they can't actually dump the tanks But we're talking about hypotheticals here.

I don't use marijuana either, but that's besides the point. It's legal in Canada, and people have a right to take it from place to place domestically, within allowed limits.
It is a dumb issue, and it's dumb to complain to the law society about it too. We're also talking about an emergency edge case that rarely happens.

skybluesea appears to have a distinct problem with marijuana.
While I disagree with his constant states of moral panic, it is an interesting discussion at the very least.
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Last edited by tcook052; Nov 8, 2019 at 6:10 am
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