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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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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