cannabisnews.com: High Court Marijuana Case in Limbo





High Court Marijuana Case in Limbo
Posted by CN Staff on December 13, 2002 at 09:20:23 PT
By Janice Tibbetts, The Ottawa Citizen 
Source: Ottawa Citizen 
The Supreme Court of Canada judges have written a letter questioning whether they should proceed with a federal government case against marijuana smoking today, given that Justice Minister Martin Cauchon says he is going to decriminalize the drug.As soon as the judges read about Mr. Cauchon's announcement earlier this week, the court wrote lawyers for the federal government and three marijuana enthusiasts, asking whether the case should be put on hold in light of the developments.
At the same time that Mr. Cauchon is planning decriminalization, his own Justice Department lawyers are scheduled to argue in the Supreme Court today that marijuana is a dangerous drug that should be outlawed.The government has filed a report with the court that connects marijuana use to driving accidents, upper-airway cancer, psychiatric problems and drug addiction, among other things."Marijuana is not a benign substance and potentially is more harmful than presently known," the Justice Department argues in a written submission.Meanwhile, Mr. Cauchon is planning to accept a recommendation of a special parliamentary committee, which reported yesterday that people caught with less than 30 grams of marijuana -- the equivalent of 25 to 30 joints -- should be given a fine akin to a parking ticket rather than be saddled with a criminal record."There's a certain inconsistency in announcing decriminalization and going into court and saying this substance is sufficiently harmful to warrant a criminal sanction," observed Toronto lawyer Alan Young.Three marijuana smokers --two from British Columbia and one from Ontario -- are challenging the government on constitutional grounds, arguing that outlawing marijuana is a violation of their right to life, liberty and security of the person.Snipped:Complete Article: http://www.freedomtoexhale.com/hcm.htm  Source: Ottawa Citizen (CN ON)Author: Janice Tibbetts, The Ottawa Citizen Published: Friday, December 13, 2002Copyright: 2002 The Ottawa CitizenContact: letters thecitizen.southam.caWebsite: http://www.canada.com/ottawa/ottawacitizen/Related Articles & Web Sites:The Compassion Clubhttp://www.thecompassionclub.org/Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmFormer London Hemp Activist Gets Day in Courthttp://cannabisnews.com/news/thread14962.shtmlU.S. Frets Canada May Ease Marijuana Lawhttp://cannabisnews.com/news/thread14961.shtmlLawyer Doubts Ottawa's Pot Talkhttp://cannabisnews.com/news/thread14954.shtml 
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Comment #15 posted by FoM on December 14, 2002 at 08:04:02 PT
It's True
Supreme Court Delays Pot Appeal: http://www.cannabisnews.com/news/thread14978.shtml
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Comment #14 posted by WolfgangWylde on December 14, 2002 at 07:57:52 PT
If the postponement is true...
... then that matches up perfectly with Cauchon's "give me four months" to decrim statement. My guess is if they decrim, then the fix on the case is in, whether it goes forward or not. 
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Comment #13 posted by BGreen on December 14, 2002 at 01:17:21 PT
It's Been Postponed Until April
FlashGordon posted this information at the Pot-TV website message board. Since he's a moderator I don't think anybody could post erroneously under his name. So far this is all I've been able to find out.His actual quote was: "I was told that it has been postponed till APRIL !"
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Comment #12 posted by BGreen on December 13, 2002 at 21:38:57 PT
I Still Think The Case Will Proceed
The three cannabis warriors want full legalization, period, and that's why they've pushed it this far. The Judges asked the lawyers, NOT the gov't of Canada, whether the case should proceed.Although the story didn't mention whether the "(t)hree marijuana smokers" wanted to proceed with the case (I've already pointed out why I thought they would,) the biggest obstacle would have been the Justice Department lawyers, but according to a snipped part of the article: "Justice Department lawyers argue that the case should go ahead, regardless of their minister's statements."That, my friends, is why I think it will proceed. If both sides want it to, how can it not?It's not the police states of amerika, you know.
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Comment #11 posted by floyd on December 13, 2002 at 14:58:02 PT
Canada will if the UK does
You guys seem to be forgetting something.
Canada is and always has been more faithful to what the UK thinks than what the US thinks. I dont think this is so much a radical move as a well thought out move, and a move to keep in line with the monarchy. I really think we are all about to see decrim go through. The other side is that I think we Canadians get a bit of entertainment out of pissing off loud mouth american politicians. >=)
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Comment #10 posted by Sam Adams on December 13, 2002 at 14:18:58 PT
No mystery here
Each Western country has their own little government and rah-rah nationalist BS propaganda, but don't forget, it's the same crew of multinational corporations that pulls the strings of every government in the world.IMO, it is naive to think that the current Canadian government is going to make "radical" change. Politicians don't make "radical changes" to ANYTHING and haven't in decades. And don't think for a second that judges are any better than politicians; they are merely appointed fascists as opposed to "elected".I think if Canada merely decriminalized possession of an ounce that would be a HUGE change, for Canada and for us. I know in the US the police really enjoy being able to take some kid back to the station and hang out for 2-3 hours per arrest; in many cases they get to go to court and earn overtime for MJ arrests as well. Writing a ticket may not provide the same incentive. Overall, it's a message to the LEO/judiciary saying "You DON'T run the show, and we're weakening your power". I think that is most important precedent. Once that mindset is established, further reforms will be possible.So don't throw the baby out with the bathwater!
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Comment #9 posted by FoM on December 13, 2002 at 12:11:19 PT
WolfgangWylde 
I understand what you mean. I keep CNN, MSNBC or Fox News on as much during the day as I can tolerate and unless I missed something I haven't seen a report on the tv news about Canada at all. That is unbelievable to me. Not one word. Maybe someone has seen something but I sure haven't.
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Comment #8 posted by WolfgangWylde on December 13, 2002 at 11:53:15 PT
FOM, I used to think...
... I was just cynical, but now I can see I'm not cynical enough. If Canada ever really developed the cojones to change their marijuana laws, I'd expect a full military invasion by the U.S. Marijuana Prohibition must not fall, or the Drug War falls with it...and the U.S. will never permit that to happen.
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Comment #7 posted by FoM on December 13, 2002 at 11:42:27 PT
WolfgangWylde 
I'm not very careful at crosswalks. I really try to have a pollyanna attitude and faith but I also am a realist. It must be a curse or something. I can have faith until I see that what I was hoping for won't happen so I'm standing at the crosswalk and thinking for the time being.
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Comment #6 posted by WolfgangWylde on December 13, 2002 at 11:32:57 PT
Be Careful!
Anybody who didn't see this coming should be real careful at crosswalks, those things can be dangerous.Mark my words, it'll be a cold day in hell before Canadian politicians stray from the American Drug War Party Line.
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Comment #5 posted by Nuevo Mexican on December 13, 2002 at 11:10:21 PT
Are we that vicious and threatening of a country?
The people of this country are not vicious and threatening, but the leaders are, have always been and will continue to be until the people wake up and take back their country from the corporate facists that currently rule the U.S. and seek to rule the world through Empire! We are currently behind the overthrow of a democractically elected government in Venezuela, but since we want their oil at our disposal, we must overthrow Democracy, or the slaves won't be able to do their masters bidding (driving our oily dinosaurs to and fro to 'work' for a corporation that has been granted 'human rights' while you run up debts so high you'll never be free!) What a joke America has been for so long, and now Americans are realizing they've been had, as everyone else on the planet realized years ago. All thanks to a corrupt media that knows no accountability! If were gonna march in the streets, march on your local, or national distributors of propaganda, the print and televised NEWS! Nothing will change until the media is held accountable for its' complicity in the treasonous destruction of the Constitution and the Bill of Rights!This is for Joyce, E.J. and other Democracy/Gore bashers and wannabe repubs!White House Says Kissinger Doesn't Have to Name Clients; Mitchell Resigns From Sept. 11 Commission
http://ap.tbo.com/ap/breaking/MGA28TUTM9D.htmlTrent LOtt:
http://home.earthlink.net/~zkkatz/page21.htmlOpen Letter to Bush on Venezuela from U.S. Congress members - and You
Add your signature with U.S. Congress members in favor of Authentic Democracy 
http://narconews.com/Issue26/article562.htmlIs this story real or a hoax? Panted to discredit, or something out of a David Icke book? If it was about Clinton, yes, the media would deem it real, if it is about bush, then no, it could never have happened could it!
http://www.indymedia.org/front.php3article_id=222837&group=webcastWoman files lawsuit against President
The article:http://www.fortbendstar.com/121102/n_Woman%20files%20lawsuit%20against%20President.htmSource: List Includes U.S. Firms That Aided Iraqis
http://commondreams.org/headlines02/1213-02.htm
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Comment #4 posted by hempcanadian on December 13, 2002 at 11:04:26 PT:
Told ya so! nanananana
Dear FOM and all
I said yesterday that this was a ploy to change direction and stall and such!
My womens intuition was right!
But I'm a male so whatever.....\
The media up here seems to think that this decrim crap 
from the mp committee is really like legal easing of the laws and such when really it is a stall tactic.
if it does go thru my sources say that fines will be rampant and escalating.
Jail will result from non-payment 
We will be worse off than before!!!
Growers and traffickers will be the new targets of increased enforcement!!
All hell will break loose!
Sure but no criminal record for small time possession!
Whooppeee!
(sarcastic)
The only hope to bring about radical freedom to Canada
looks more and more like my medical case and also
the supreme court case if allowed to go thru!!!
I don't think anything else will bring about the change we need!
Political will is lacking
USA pressure is increasing
Only a court case that strikes down the possession law will
bring about logical change from my viewpoint.
So don't get yer hopes up!
Politicians here won't make a sensible decision on this 
issue without some motivation from the courts.
Only a kick in the ass will move them to positive action.
There is hope yet!
Because the verdict in my medical case has not been rendered.
And the supreme court case could still be heard today/or soon
Let's pray for sanity!!!!!!!!!!!
regards 
herbman 
The Hemp Canadian
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Comment #3 posted by FoM on December 13, 2002 at 10:28:50 PT
A Comment
All this important Canadian news is going to require a lot of thought on my part as to what in the world is going on. I believe the news will slow up because it always does during December and that might give me and all of us time to figure out what is happening and why. I have my ideas but I'll keep them to myself for the time being. This is manipulation by the U.S. but why? Why would Canada be afraid of us? Are we that vicious and threatening of a country? If we are I don't think I ever want to hear that we are a free country again. The USA believes it must rule the world because we are such a superior nation. I really mind that!
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Comment #2 posted by Ethan Russo MD on December 13, 2002 at 09:57:22 PT:
Bizarre
Those claiming a smokescreen was being laid have turned out to be absolutely correct. Hopefully this matter will proceed as designed. Too many good people have labored on this for too long to fizzle out with no decision.
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Comment #1 posted by John Tyler on December 13, 2002 at 09:52:57 PT
Passing the buck
Looks like the Supreme Court of Canada is trying to wiggle out of this case and pass the buck back to the Parliment. The political class is afraid of some type of backlash.
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