cannabisnews.com: Ottawa Appealing Pot Possession Verdict Ottawa Appealing Pot Possession Verdict Posted by CN Staff on January 03, 2003 at 18:30:29 PT By Colin Freeze, Crime Reporter Source: Globe and Mail Ottawa is appealing a ruling that found Canada's marijuana-possession laws are no longer valid. In a notice filed Friday, the Crown says it will try to show an Ontario judge erred when he concluded that a 16-year-old broke no laws when he was caught carrying five grams of marijuana this spring."Because the decision created so much public interest, we thought it best to quickly deal with the issue and clarify the law as quickly as we can," said Jim Leising, director of the Justice Department's prosecution service in Ontario. He announced the decision to appeal yesterday, one day after Judge Douglas Phillips in Windsor dismissed possession charges against the teen.Judge Phillips agreed with the defence lawyer that a previous court decision rendered federal laws against marijuana possession invalid.An appeal is a matter of some urgency for the Justice Department. As things stand, the validity of a marijuana law which many people are accused of breaking is an open question. Brian McAllister, the teenager's lawyer, says the case he won on Thursday leaves Ontario's legal system in a quandary. "I don't see why any judge would want to hear any other cases involving the issue until this appeal has been adjudicated," Mr. McAllister said in an interview yesterday. The appeal will hang upon the finer points of the law. Both the Justice Department and Mr. McAllister can use the legal arguments from the initial hearing.A judge in the Ontario Superior Court in Windsor will hear the appeal, likely within a few weeks. No date has been set.The confusion created by the teenager's case has its roots in a ruling made two years ago.In July, 2000, an Ontario Court of Appeal judge ruled that Canada's marijuana-possession laws are unconstitutional because they don't allow chronically sick people access to a substance that could control their suffering. Though the ruling in effect struck down the possession law, the judge explicitly delayed its effect for one year. The hope was that Ottawa could come up with a more compassionate scheme in the interim.The federal cabinet responded by putting new regulations in place. But the new rules may not be sufficient. The judge in the teenager's case ruled this week that the appeal court had called for nothing less than new laws passed by Parliament, and that regulations issued by the federal cabinet didn't carry enough weight.Judge Phillips ruled that because the underlying constitutional issue was never properly addressed, the possession laws remained invalid regardless whether the person caught with cannabis was using it for medicinal or recreational purposes.Note: From Saturday's Globe and Mail.Source: Globe and Mail (Canada)Author: Colin Freeze, Crime ReporterPublished: Friday, January 3, 2003 – Online EditionCopyright: 2003 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: http://www.globeandmail.com/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmCrown Appeals Ontario Marijuana Ruling http://cannabisnews.com/news/thread15104.shtmlPot Possession Not Illegal, Judge Ruleshttp://cannabisnews.com/news/thread15099.shtmlCanada Marijuana Charge Tossed in Dispute http://cannabisnews.com/news/thread15097.shtml Home Comment Email Register Recent Comments Help Comment #3 posted by FoM on January 04, 2003 at 08:04:09 PT News Brief from The Globe & Mail Cannabis and The LawSaturday, January 4, 2003 – Page A16 That's what the Chrétien government gets for cutting corners.In July of 2000, the Ontario Court of Appeal declared that Canada's law prohibiting simple possession of marijuana was unconstitutional, because it denied sick people the right to use an effective drug to treat nausea from chemotherapy, intraocular pressure from glaucoma and other such pain. The court gave Parliament a year to amend the law, failing which it would be invalid in Ontario.The cabinet, cavalierly bypassing Parliament, simply adopted a regulation to that effect. Somebody noticed. A judge of the Ontario Court agreed this week that the grace period has expired, that Parliament did not amend the law, that a cabinet regulation did not meet the required standard and that the law against possession is therefore invalid in the province. Ottawa is appealing the ruling.Beyond highlighting the government's disdain for Parliament, the case reminds us of the problems with a system that makes criminals of thousands of Canadians for possessing small quantities of a psychotropic drug. Rather than appeal, Ottawa should just amend the law to exempt medicinal marijuana -- and prepare the way for the overdue decriminalization of all simple possession of cannabis. Canadian Links [ Post Comment ] Comment #2 posted by The GCW on January 04, 2003 at 05:18:58 PT courts continue to rule in favor of marijuana Judge tosses Canadian pot law http://www.hempbc.com/articles/2795.htmlby Reverend Damuzi and Dana Larsen Canadian courts continue to rule in favor of marijuana activists.From Cannabis Culture. [ Post Comment ] Comment #1 posted by The GCW on January 03, 2003 at 19:15:34 PT Tips on preventing hangovers. Tips on preventing hangovers (before, during and after drinking) "Oh, my achin’ head" http://www.chieftain.com/display/monday/lifestyle/articles/li1.htm Smoke marijuana From Our friends at the (Colorado) Pueblo Chieftain [ Post Comment ] Post Comment