cannabisnews.com: Pot Possession Law Challenged in Summerside Court





Pot Possession Law Challenged in Summerside Court
Posted by CN Staff on January 29, 2003 at 12:45:54 PT
By Lori A. Mayne, Journal Pioneer 
Source: Journal Pioneer 
The validity of the law that prohibits the simple possession of marijuana has been challenged in a P.E.I. Provincial Court. In court in Summerside Tuesday, defence lawyer Clifford McCabe argued that a charge against a 19-year-old Island man should be quashed on the basis that simple possession of marijuana is no longer a valid offence. The man, whose name is not being published since he has not been found guilty, was charged with possessing 30 grams or less of marijuana in the fall. McCabe based his arguments on cases from Ontario. 
In July 2000, the Ontario Court of Appeal said the possession of marijuana charge under the Controlled Drugs and Substances Act violated the rights of an Ontario man, Terry Parker, by preventing him from legally accessing marijuana for medicinal reasons. The court gave Parliament a year to revamp its laws. McCabe explained that Jan. 2, an Ontario court threw out simple marijuana possession charges against a 16-year-old boy on the basis Ottawa had not yet effectively dealt with the Parker ruling. McCabe said the courts in that province have essentially said the simple possession law is no longer in effect, as it applies to marijuana. "The court said it's dead." He argued prosecution against his client should not proceed on the basis of a legal principle: that a court shouldn't rule on an issue that has already been decided by another superior court. Since a federal crown has already taken the issue to court in Ontario, McCabe called it "tantamount to abuse of process" for a federal Crown to take the same issue to court in P.E.I. While he agreed Ontario court decisions do not bind courts in P.E.I., he said Island courts must take into consideration the decisions of superior courts in other provinces. McCabe argued any individual has the right to challenge the constitutionality of the law even if it doesn't specifically apply to themselves (for example, whether or not they personally use marijuana for medical purposes). To stop the Crown from prosecuting in this case, part of what must be shown is that the Parker decision and the case in the Summerside court either involved the same parties or people who have interest or a part in the Parker case. McCabe argued the Charter applies to all Canadian citizens and so all citizens should be privy to the decision in the Parker case. But Federal crown Marie-France Thériault argued the marijuana possession law was still valid and enforceable in this province. She said the Island is not bound by Ontario court decisions. She also said the case of the 16-year-old Ontario boy (now under appeal) was decided erroneously using the Parker decision. She said the Parker case has to be read in conjunction with another decision delivered the same date by the same bench of judges. In that decision, the court ruled against another Ontario man, Chris Clay, who had argued for the general legalization of marijuana. He had been charged under the previous Narcotic Control Act, no longer in effect. Thériault also argued the federal government did address the legislative void by introducing regulations for the medicinal use of marijuana. She argued that the Island man in this case and Parker have no relationship and are only linked by the fact that they've been charged with the same offence. Thompson scheduled his decision for March 14 to provide a chance for further research on the issue, including what debate or instructions Parliament may have had on the Parker ruling. In addition, the appeal in the case of the 16-year-old Ontario boy has also been scheduled for February. In the interim, Thompson noted simple marijuana possession charges will be adjourned in his court. Source: Journal Pioneer (Canada) Author: Lori A. Mayne, Journal Pioneer Published: January 29, 2003Copyright: 2003 The Journal-PioneerWebsite: http://www.journalpioneer.com/Contact: http://www.journalpioneer.com/contact.cfmRelated Articles & Web Sites:The Compassion Clubhttp://www.thecompassionclub.org/Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmMomentum Growing for Pot Law Reformhttp://cannabisnews.com/news/thread15123.shtmlJudge Calls Marijuana Law Invalid http://cannabisnews.com/news/thread15092.shtmlSupreme Court Halts Pot Appeals http://cannabisnews.com/news/thread14980.shtml
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