cannabisnews.com: Supreme Court to Rule on Pot Law





Supreme Court to Rule on Pot Law
Posted by CN Staff on September 05, 2002 at 07:08:41 PT
By The Canadian Press 
Source: Canadian Press 
Marijuana users who claim the drug is harmless will have their chance to sway Canada’s top judges Dec. 13 — a Friday.Lawyers for three convicted pot smokers will argue that a federal law banning possession of the fiercely debated herb for personal use is unconstitutional. The much-anticipated case was among 36 listed yesterday by the Supreme Court of Canada in its busy fall docket, which begins Sept. 30.
The schedule was announced the same day a Senate committee studying the issue said pot and hashish possession should be legalized for residents 16 or older, and regulated much like alcohol.Ottawa has said it will start clinical trials as early as this fall to assess the benefits of medical marijuana.The high-court ruling on pot laws won’t likely come until several months after its December hearing.The appeal covers three cases, involving Chris Clay of London, Ont.; David Malmo-Levine of Vancouver; and Victor Eugene Caine of Langley, B.C.All three men argue that pot, if properly grown and used, is harmless. Moreover, they say, laws prohibiting its personal use infringe the right to life, liberty and security of the person guaranteed by the Charter of Rights and Freedoms.Clay, the former operator of a hemp boutique in London, Ont., was convicted in 1997 of drug possession and trafficking for selling cannabis to an undercover police officer. He failed to convince the trial judge that private, recreational pot smoking qualifies as a fundamental value protected under the Charter. The judge also noted that cannabis is not completely harmless for all users.Clay lost on appeal.In June 2000, the B.C. Court of Appeal ruled 2-1 to uphold marijuana possession convictions against Malmo-Levine and Caine.Dissenting Justice Jo-Ann Prowse said part of the law banning pot possession did breach the men’s right to life, liberty and security of the person. She said she would have adjourned the appeal to allow lawyers to make more submissions on whether the breach is justifiable.Source: Canadian PressPublished: Thursday, September 05, 2002Copyright: 2002 The Canadian Press Related Articles:Senators Want Pot Legalized http://cannabisnews.com/news/thread13993.shtmlThey Sue To Tokehttp://cannabisnews.com/news/thread8278.shtmlCourt Strikes Down Marijuana Possession Law http://cannabisnews.com/news/thread6577.shtml
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Comment #1 posted by Sam Adams on September 05, 2002 at 08:29:53 PT
I can hear John Walters working the phones now...
"Would there be any way we could arrange a special supreme court judge exchange program? We'll airlift in Clarence Thomas, you guys need some diversity!"It is really exciting to see the Canadian media linking the drug war (American Inquisition) with the Kyoto treaty. Canada just gave the U.S. a major "F-U" by signing it. They were the last country needed to ratify the treaty!
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