cannabisnews.com: Feds File Notice To Appeal Over BC Judge's Ruling Feds File Notice To Appeal Over BC Judge's Ruling Posted by CN Staff on September 18, 2003 at 21:00:04 PT By The Canadian Press Source: Canadian Press Vancouver -- A B.C. provincial court judge's ruling that the law governing marijuana possession is invalid will be appealed, a spokeswoman for the federal Justice Department said Thursday. A notice to appeal has been filed, said Lyse Cantin, spokeswoman for the department's B.C. region. Police and the B.C. solicitor general were quick to insist earlier this week the ruling does not make marijuana possession legal and is not binding on other judges. Ironically, the appeal was celebrated by the B.C. Marijuana Party. "That's a good thing for everyone, I would think," said spokesman Marc Emery, who stood outside Vancouver police headquarters Thursday and toked a cigar-sized joint at a "smoke-in" protest. "It'll be appealed to B.C. Supreme Court and they'll rule in the favour of the judge," he predicted, calling the Sept. 4 ruling "iron clad." "They're not going to come to a different decision and that will be binding on all the judges in B.C., so that's good." Emery said his group would continue to pass out copies of the ruling. "Marijuana possession is legal in B.C., absolutely," he said. "We're telling everybody." In the ruling, Judge Patrick Chen wrote that, in his view, "Section 4 of the Controlled Drugs and Substances Act, as it applies to marijuana, ceased to be valid legislation after July 31, 2001."' The date refers to the expiry of a one-year grace period set by an Ontario Court of Appeal ruling from 2000 that Chen referred to in his judgment. The judge wrote that the Ontario decision "severed the marijuana possession prohibition from other parts of Section 4 of the Controlled Drugs and Substances Act and declared it to be invalid, but suspended the declaration of invalidity for a period of one year 'to provide Parliament with the opportunity to fill the void.'" A spokeswoman for Vancouver's police department said earlier this week she hadn't heard of any fallout so far from the ruling. Police ignored Emery and the group of marijuana advocates blowing smoke at their building Thursday. One officer who came out left, saying he couldn't stand the smell. New legislation was proposed earlier this year to decriminalize marijuana possession. Recent court decisions in Ontario have struck down laws that made simple possession of cannabis a criminal offence. Law enforcement officials now are awaiting federal legislation that will define new laws governing pot. Complete Title: Feds File Notice To Appeal Over B.C. Judge's Ruling That Pot Law Invalid Source: Canadian Press Published: Thursday, September 18, 2003Copyright: 2003 The Canadian PressRelated Articles & Web Sites:B.C. Marijuana Partyhttp://www.bcmarijuanaparty.ca/Text of Judge Chen's Decision http://freedomtoexhale.com/legalbc.htmVancouver Police Say Marijuana Still Illegal http://cannabisnews.com/news/thread17335.shtmlMarijuana Still Illegal Despite Ruling http://cannabisnews.com/news/thread17333.shtmlCalls Flood In Over B.C. Judge's Ruling http://cannabisnews.com/news/thread17324.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by FoM on September 19, 2003 at 21:12:57 PT News Brief from The Canadian Press Canadian Forces Seize Cannabis Plants at Forces Munition Centre in Quebec September 19, 2002NICOLET, Que. (CP) - The Canadian Forces said Friday they have seized nearly 1,000 cannabis plants at a Forces munitions centre northeast of Montreal. The plants were found earlier this week after provincial police advised the Forces marijuana may have been growing on their territory. The plants, which the Forces said had an estimated value of $1 million, were gathered throughout the week and transferred to the RCMP. "We're talking about 20 to 50 plants per section (of growth)," Forces spokesman Capt. Steve Lebel said Friday. "The sections were distributed throughout our territory." About 60 people work at the site but it was not immediately known whether Forces staff were involved in growing the marijuana. The munitions centre extends for 18 kilometres along the banks of Lac St-Pierre. Raymond Gagnon, who manages the centre, said growers could have travelled to the site from the water. "It's easy to access the area from Lac St-Pierre - especially after normal business hours or at night," Gagnon said. "The length of the territory doesn't allow for constant supervision of the territory despite the fact there are security patrols." There were no immediate arrests. "The investigation is continuing," said Lebel, who is with the military's National Investigative Service. "We don't have any suspects at the moment." The seizures were made in Nicolet, about 125 kilometres northeast of Montreal. Copyright: 2003 The Canadian Press [ Post Comment ] Comment #5 posted by FoM on September 19, 2003 at 07:57:59 PT WolfgangWylde You're very welcome. I'll look for one with more detail. [ Post Comment ] Comment #4 posted by WolfgangWylde on September 19, 2003 at 07:55:03 PT Doh!.... ...Didn't read the whole article. Thanks FoM! [ Post Comment ] Comment #3 posted by FoM on September 19, 2003 at 07:53:13 PT WolfgangWylde The only news I've heard is in this article and they didn't bother them it seems which is good. I'll keep looking for more news and post it if I find more. [ Post Comment ] Comment #2 posted by WolfgangWylde on September 19, 2003 at 07:48:49 PT Anyone hear any news... ...on yesterday's smokeout at the Vancouver police station? [ Post Comment ] Comment #1 posted by afterburner on September 19, 2003 at 04:41:56 PT: Matt Elrod on CBC radio BC Almanac - 'no pot laws' Matt Elrod on CBC radio BC Almanac - "no pot laws" http://www.cannabisculture.com/cgi/ubbthreads/showflat.php?Cat=&Board=current&Number=667795&page=0&view=collapsed&sb=5&o=&fpart=1 davidmalmolevine 17 1 Fri Sep 19 2003 12:04 AM [ Post Comment ] Post Comment