cannabisnews.com: Crown Appeals Ontario Marijuana Ruling 





Crown Appeals Ontario Marijuana Ruling 
Posted by CN Staff on January 03, 2003 at 13:27:32 PT
By The Canadian Press
Source: CTV
Toronto — Ottawa moved quickly Friday to quell uncertainty over Canada's drug laws by appealing an Ontario Court ruling the day before that threw out a marijuana charge on a technicality."We were aware of the uncertainty the decision created so we thought we'd move as quickly as possible," said federal Justice Department spokesman Jim Leising.
Leising said the appeal was "expedited" after Justice Douglas Phillips sided Thursday with lawyer Brian McAllister and his client, a Windsor, Ont., teen who was charged last April with possession of marijuana. Phillips tossed the charge after McAllister argued that Ottawa has not yet fixed a loophole that effectively invalidates Canada's drug laws when it comes to cases involving 30 grams of marijuana or less.That loophole emerged two years ago when Terry Parker, an epileptic who uses marijuana to ease his symptoms, won the right to possess pot in a landmark decision from the Ontario Court of Appeal.Ottawa's response to the Parker ruling was to introduce the Medical Marijuana Access Regulations, which are supposed to allow qualified applicants to use marijuana for medical reasons. But McAllister successfully argued that rather than using regulations to close the loophole and allow marijuana's medicinal use, the government ought to have instead drafted a whole new statute. The regulations in question are also the subject of a constitutional challenge in Toronto by a group of medical marijuana users who say their right to choose their own form of treatment is being violated.Notwithstanding Thursday's ruling, the act is still the law of the land in Canada and police will proceed as usual with laying charges, Leising said. But he conceded the Ontario judgment has created "potential for it to be followed" by enforcement officials and the courts.Leising said McAllister was served Friday with the government's intention to appeal, and said the case will likely be heard in Superior Court in Windsor within the next 30 days.Crown prosecutors handling similar cases involving possession of small amounts of marijuana are being asked to consent to delayed hearings until after the appeal is heard, he added.But Leising disagreed with the suggestion that the pursuit of drug offences involving marijuana is on hold in Canada."We haven't given any direction to police to not continue to enforce the law," Leising said. "What we've put on hold is proceeding with trials where people want to rely on the same defence raised by (McAllister). Hopefully, by prosecutors agreeing to adjournments, nobody will be jeopardized by the uncertainty."McAllister said he's received numerous e-mails and calls from other lawyers who want to use the same invalid-law argument to defend clients."It's getting to the point where we'd all be well served to just have everything held in abeyance until the appeal is heard," McAllister said. "Once the appeal court hears this case, at that point it will have wide-ranging implications, at least in Ontario."A Toronto police spokesman said it'll be pot-busting business as usual, at least until the appeal court makes a decision."We can't change the way we do business based on one judge's position," Sgt. Robb Knapper said. "As far as I can see, it's business as usual, so if we find someone committing an offence and there are grounds to lay a charge, I'm sure (police) will do so."Legal experts and marijuana advocates alike heralded Thursday's ruling as another sign that Canada's pot laws are relaxing. Many said they believe it signals the beginning of the end for Canada's prohibition against possessing small amounts of the drug.Last month, a Commons committee recommended that Canada bring in legislation that would decriminalize marijuana use, meaning possession of small amounts would result in nothing more than a fine and no criminal record. In an earlier report, a Senate committee called on Ottawa to legalize pot altogether. Source: CTV (Canada)Published: Friday, January 02, 2003Copyright: 2003 Bell Globemedia Interactive Inc. Website: http://www.ctv.ca/Contact: newsonline ctv.ca Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmCrown Appeals Ontario Marijuana Ruling http://cannabisnews.com/news/thread15103.shtmlPot Laws Up in Air http://cannabisnews.com/news/thread15101.shtmlPot Possession Not Illegal, Judge Ruleshttp://cannabisnews.com/news/thread15099.shtml
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