cannabisnews.com: Crown Appeals Ontario Marijuana Ruling










  Crown Appeals Ontario Marijuana Ruling

Posted by CN Staff on January 03, 2003 at 11:24:39 PT
By Marlene Habib 
Source: Canadian Press  

Toronto - The federal government is moving quickly to quell uncertainty over Canada's drug laws by appealing an Ontario Court ruling that threw out a marijuana charge on a technicality. "We were aware of the uncertainty the decision created so we thought we'd move as quickly as possible," federal Justice Department spokesman Jim Leising said Friday.
Leising said the appeal was "expedited" following the decision Thursday by Justice Douglas Phillips to side with the teen's lawyer, Brian McAllister, who argued that the law that makes possession of marijuana a criminal offence is effectively invalid in Ontario. Notwithstanding the ruling, the Controlled Drugs and Substances Act is still the law of the land in Canada and police will proceed as usual with laying charges, Leising said. But he conceded the Ontario judgment has created "potential for it to be followed" by enforcement officials and the courts. Leising said McAllister was served Friday with the government's intention to appeal; The case will likely be heard in Superior Court in Windsor within the next 30 days, he added. In the meantime, Crown prosecutors handling similar cases - those involving possession of 30 grams of marijuana or less - should consent to delaying court hearings until after the appeal is heard, he added. But he disagreed with the suggestion that the pursuit of drug offences involving marijuana is on hold in Canada. "We haven't given any direction to police to not continue to enforce the law," Leising said. "What we've put on hold is proceeding with trials where people want to rely on the same defence raised by (McAllister). Hopefully, by prosecutors agreeing to adjournments, nobody will be jeopardized by the uncertainty." McAllister did not immediately return phone calls Friday. The ruling involving the 16-year-old - who can't be named because he's a minor - was hailed Thursday by some legal and justice experts as another sign that Canada's pot laws are relaxing, and the beginning of the end for Canada's prohibition against possessing small amounts of the drug. In defending the 16-year-old, who was on probation when he was arrested last April, McAllister sought to have the charge dropped on the grounds that Ottawa has not yet adequately dealt with a ruling two years ago from the Ontario Court of Appeal. In that landmark decision, the appeals court sided with marijuana user Terry Parker, who argued that the law violated the rights of sick people using the drug for medical reasons. Parker, an epileptic, said he needs marijuana to control his seizures. The federal government's response to the Parker ruling was its now-infamous Marijuana Medical Access Regulations, which are supposed to allow marijuana use for medical reasons under certain circumstances. Those regulations have been widely criticized for being cumbersome, unfair and loaded down with bureaucratic red tape. They are also the subject of a separate constitutional challenge in Toronto by a group of marijuana users who say their rights to choose their own form of medical treatment are being violated. Newshawk: druidSource: Canadian PressAuthor: Marlene Habib Published: Friday, January 03, 2003Copyright: 2003 The Canadian PressRelated Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmPot Laws Up in Air http://cannabisnews.com/news/thread15101.shtmlPot Possession Not Illegal, Judge Ruleshttp://cannabisnews.com/news/thread15099.shtmlCanada Marijuana Charge Tossed in Dispute http://cannabisnews.com/news/thread15097.shtml

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Comment #36 posted by FoM on January 05, 2003 at 10:33:28 PT
Richard
If you check this thread I did download Mush but how do you get rid of the echo? Haven't figured that out so far. It works fine though. Ron Bennett said making a registration for the chat wouldn't be hard to do like the one we have for CNews now. Should I ask him if he can help? I think he would. That would help with people trying to use someones name that isn't the actual person like BGreen mentioned. Thanks!
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Comment #35 posted by FoM on January 04, 2003 at 21:34:20 PT
Great Chat Richard
I wasn't there long but it was really nice. Thank You!
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Comment #34 posted by Richard Lake on January 04, 2003 at 20:49:32 PT:
BGreen and FoM
MUCHclient is for windoze, any version. You do not use MSIE or Netscape with it. It is a stand alone windoze program about 1/7th the size or less than the browsers. Fast and not a memory hog.MUD/MOO is really a setup for over the net game playing, so the programs like MUSHclient do have instructions based on that fact. Some of the controls are under a Game dropdown, including the configure setup.It did take a little for me to figure it all out, text it, and get it working right, but it was very well worth the time.With MUSHclient I get a much more responsive chat, and the ability to do things I couldn't do with the browser, like copy and paste and spell check, and....Well, you will never know if you don't try it.Richard
CNEWS CHAT
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Comment #33 posted by BGreen on January 04, 2003 at 20:34:25 PT
Mud and Moo have different meanings in Missouri
I'm researching mud/moo clients right now. Can you use a proxy with them or MUSHclient?It's all new to me. Please don't be offended by my paranoia. We've been conditioned to not even trust our best friends in the police states of amerika. Friends turn on friends to save themselves and their families from prison. I don't trust anybody except my wife.
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Comment #32 posted by FoM on January 04, 2003 at 20:26:31 PT
Richard
What download should I use with ME? I see links but am not sure how they work. Are they hard to configure? I like the chat room as it is now. I've just been busy around the house today and haven't dropped in. 
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Comment #31 posted by Richard Lake on January 04, 2003 at 20:17:15 PT:
No Java Required!
Observer is right.The chat room is designed for using the small MUD/MOO shareware programs that can be downloaded and used like forever (with a little begging but not them much) for free.Using a browser with Java is a whole lot less fun.The chatroom homepage says:CannabisNews uses the Melange Chat Server. It requires a Java capable browser such as Netscape or MS Internet Explorer 3.x or better. Though similar, it is NOT an Internet Relay Chat (IRC) server and it is NOT compatible with IRC clients such as mIRC. It is possible to connect to the chat server with most MUD/MOO clients at CannabisNews.com (IP address 216.86.110.91), port 8002. MUSHClient http://www.gammon.com.au/downloads/dlmushclient.htm for Windows by Gammon Software Solutions works well. Rapscallion http://www.rapscallion.co.uk/ is a good Macintosh client. There are other Mac clients at the Mac Orchard http://www.macorchard.com/mud.html but we can not specifically recommend any of them.----I have used MUSHclient for years, and would not consider using a browser ever for the chat rooms.Yes, it is possible for someone to go to the chat room and cause trouble or spy. However, it is being monitored, and we can backtrace folks who are there. And kick them out as appropriate, and if need be block their access.But that does not mean anybody should confess to breaking laws in any chat room (folks who do it in "stoner" chatrooms hosted by U.S. firms or ISPs are nuts, IMHO.) or via email or any other way. Get real!OTOH, the ISP CNEWS and the chat room is on is in B.C. The guy who owns the hardware is not about to bend to U.S. pressure or legal demands, or anybody elses as far as that goes. Not only are lawyers standing by, the fact that thru DrugSense 90 some websites are hosted, along with over a hundred email lists and forums, spread over three very fast machines with RAID hard drives and off site nightly backup means that we all are a significant share of the guy's income, which he would fight for, for sure.Richard
CNEWS CHAT
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Comment #30 posted by BGreen on January 04, 2003 at 20:04:51 PT
Observer
That info (your IP, hostname, referring url, etc) is all available to every server you hit. That stuff is logged every time you browse any page.The use of anonymous proxies hides that info from the websites. I try to use a proxy from another country which makes it harder for anybody to get access to their logs. It's in no way foolproof, but, considering my only crime is my love of cannabis, the likelihood of anybody going to the trouble to ascertain my true identity is minute.Carnivore is another story. I'm just trying to make it as difficult as possible to be added to the database of cannabis terrorists.
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Comment #29 posted by observer on January 04, 2003 at 19:59:21 PT
you don need java to chat
You do not need java to use the chat. Any mush/moo chat client will do. IP = cannabisnews.com port = 8002
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Comment #28 posted by FoM on January 04, 2003 at 19:47:41 PT
BGreen
Traveling will get harder and harder. My sister flys frequently to see her children and it has gotten difficult for her. My nephew that has Muscular Dystrophy was stopped and had to give up a little tool that he uses to adjust his leg braces. It's bad. I will see what can be done about having registering for the chat. It might not get done real fast because it might be hard to do. The new registration feature for CNews is excellent. It really helps me. 
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Comment #27 posted by observer on January 04, 2003 at 19:46:43 PT
re: ____ IS TOTALLY UNSAFE
BGreen, That info (your IP, hostname, referring url, etc) is all available to every server you hit. That stuff is logged every time you browse any page.The secret police could grab it, etc etc.Carnivore does a better job, though: it simply logs everything that goes back and forth from your PC. Then there is Echelon for the automated phone intercepts...
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Comment #26 posted by BGreen on January 04, 2003 at 19:18:55 PT
Thanks, FoM
There's some nasty things posted over there at Pot-TV. I've seen people posing as Steve Tuck and many others because of no passwords.I hate to seem like such a nag, but freedom and privacy seems to be a fleeting thing.On tonight's news they said from now on anybody going out of the country will have to fill out a form detailing your travel plans which would be entered into the system and analyzed against the database of suspect activity.This is unbelievable. This is what the Soviets used to do and what we used to fight against.Yeah, I'm going to Amsterdam and smoke 420 pounds of killer bud in one week.What kind of red flag is that going to send up?
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Comment #25 posted by FoM on January 04, 2003 at 19:07:19 PT

Good Point BGreen
I'll mention it to observer when I go into the chat again. I haven't been there since last night and probably won't go at all today. Maybe a password feature could be added. I don't know. Thanks for the idea. Have a nice weekend.
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Comment #24 posted by BGreen on January 04, 2003 at 18:48:14 PT

One Last Comment On The Chat Room
The lack of a password will allow ANYBODY to log into the chat room posing as one of us.This happens on the Pot-TV website all the time.BGreen (nor any resemblance to my name) will not appear in the chat room nor will I be responsible for anything written in the chat room by someone posing as me.We could even pose as you if you weren't logged in at that time, FoM, and cause all kinds of trouble.The password protection we have in the comments section protects us from people stealing our identities. The lack of this feature in the chat room is just another glaring security flaw.
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Comment #23 posted by FoM on January 03, 2003 at 22:09:56 PT

BGreen
Hopefully someone will answer you because I know others would want to know. Try to not worry at least about us here because I do trust the people who have helped me with CNews from it's creation and all of the necessary work that goes into making it run smoothly. I have been slow to make decisions because I was afraid too. I don't like dealing with some things. The fear was more crippling to me then saying what I needed to say or do. Fear can be like terrorism. It can stop us from doing almost anything. I am not saying you shouldn't be concerned but don't let it hurt you by worrying too much. I know from my own experience. That is just my opinion and not anything but how I feel.
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Comment #22 posted by BGreen on January 03, 2003 at 21:37:19 PT

Yes, that's a proxy
But I'm not familiar enough with it to comment on it.The site says: "The first project of the Lab. This is a proxy built not for anonymity, but to get pass those pesky school/work proxies such as CyberPatrol"Maybe Nasarius would be kind enough to give us the scoop. I think it would be great if those tech people that post here would write some safety stuff for us less experienced posters.
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Comment #21 posted by FoM on January 03, 2003 at 21:16:40 PT

BGreen
This link is what I meant. It's a proxy isn't it?http://pig-monkey.com/proxy/nph-proxy.cgi
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Comment #20 posted by FoM on January 03, 2003 at 21:13:56 PT

BGreen
I still don't undestand very well. You don't have to have cookies on to post like most message boards systems do. I think this site is more secure then most but I'm not up on things like that. I do know that I consider anything I say by posting a comment or in an email that anyone can get it that wants it. That is why I avoid too much talking except to make comments on articles. I have never felt the Internet was secure and use wisdom as best as I can. That's the best protection for me personally.
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Comment #19 posted by BGreen on January 03, 2003 at 21:11:10 PT

PigMonkey
Since a pig can be used to refer to a cop, and to monkey with somebody means to mess with them, could pigmonkey mean messing with the cops?
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Comment #18 posted by BGreen on January 03, 2003 at 21:06:59 PT

Sorry, FoM, I Left The House For A While
I don't use Internet Explorer, so if that's what you use you might ask someone that's familiar with it.Paranoia isn't a psychological problem when you've been the target of this evil gov't for your entire adult life.I wish there was NO logging at this site. All of us put our butts on the line every time we come here. Collecting information on us just threatens our safety, especially since we know Canada and the police states of amerika are going to have access to each others databases.
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Comment #17 posted by FoM on January 03, 2003 at 20:15:23 PT

Nasarius
The PigMonkey link you posted I tried and it worked. I never heard of it before. Is this a free one? 
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Comment #16 posted by FoM on January 03, 2003 at 19:35:20 PT

BGreen
I have my java off. Tell me how to check to make sure I'm right. I go to internet options then advanced and unchecked the java stuff. Should I look somewhere else?
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Comment #15 posted by BGreen on January 03, 2003 at 19:28:12 PT

It's from the Help Link
However, when a person visits our site their remote IP address is logged along with other various information such as what browser they're using. We do this to ensure better service. This information does not reveal your real identity to us. A remote IP address in of itself does NOT reveal your identity to us since IP addresses are often dynamically allocated so one gets a different one each time they login to their ISP or in some instances IP addresses are shared with many other on-line users.Many broadband users have a static IP address, but even at that, if the pigs get a hold of the dynamic IP address it identifies your ISP, which in turn would be more than happy to help the piggies get the big bad terrorist pot smokers by turning over their logs, especially when the pigs get a search warrant and threaten to destroy their business if they refuse to "voluntarily" cooperate.No, FoM, I know you din't try to put one over on us. I don't have Java enabled and all I get is a blank page when I log into the chat.
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Comment #14 posted by FoM on January 03, 2003 at 18:48:37 PT

BGreen
You know I don't know anything about what you are talking about but I have my java stuff turned off. I didn't have any problems getting into the chat. Who won't tell you? I hope you don't mean me because I have no idea. Chats and instant messengers aren't secure. I don't use ICQ or AOL messenger for that reason. I know CNews is on a Canadian server. That much I do know. I understand being concerned.That's one reason I don't do email for CNews anymore too.I do trust Mapinc. though but someone else's chat I wouldn't.
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Comment #13 posted by BGreen on January 03, 2003 at 18:30:30 PT

They keep logs and won't tell us how long
That info can be retrieved with a search warrant.My freedom is at stake. I don't trust anybody.Happy chatting.
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Comment #12 posted by AlvinCool on January 03, 2003 at 18:21:03 PT

Java
He's correct BGreen. It comes down to how much to trust the site running Java applets. I felt the same way and almost ditched the chat due to the same reasons. I have to trust someone, CNEWS and MAPINC are at the top of my list.
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Comment #11 posted by Nasarius on January 03, 2003 at 18:01:00 PT

Hey BGreen
That link was completely defeated by the first proxy that came to my mind (see link).
I'm a programmer who has worked a great deal with network security, and I'm not terribly worried about people getting my IP, especially not when the Java applet or whatever is on a trustworthy site like CNews.
Pig Monkey
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Comment #10 posted by BGreen on January 03, 2003 at 17:42:33 PT

JAVA IS TOTALLY UNSAFE
If Java is enabled ALL of the personal information you're trying to conceal by using a proxy is revealed.I won't set foot in the chat room.Check out this Net Security page with Java enabled and disabled. You'll see your ISP address appear with Java enabled even if your proxy doesn't transmit it in the "Standard Server Variables" section.I know this address will be deleted because of unsubstantiated rumors spread by rivals in the cannabis scene, but it's the most detailed page I've ever seen. If your ISP address CAN be seen, this page will see it.Many proxies you assume are hiding your ISP address are actually sending it under the "Forwarded for" section, even if Java is disabled.It's an eye opener.
Net Security Check
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Comment #9 posted by The GCW on January 03, 2003 at 15:59:26 PT

John "Pee" Walters now has some time
to blackmail, bribe and interfere with the Canadian legal process, because He can not get what He wants any other way.He can slow down the process but it is like a train now and it isn't going to stop.People get ready for the train is coming.Truth is on that train.Superior citizens know the U.S. government is not correct in caging humans for using a plant. 
 
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Comment #8 posted by FoM on January 03, 2003 at 14:29:14 PT

knox42897 
Here's the link I said I would post. It's two page and very big. Hope you like it.Killing Pablo Series: http://www.freedomtoexhale.com/kp.htm
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Comment #7 posted by FoM on January 03, 2003 at 14:26:28 PT

7 to 9 eastern time sounds good
I was just in and am making dinner and said I'll be back so that time seems good for me AlvinCool. See you then!
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Comment #6 posted by AlvinCool on January 03, 2003 at 14:21:52 PT

Name a starting time for best results
If you name a starting time, with time zone, we will come closer to getting a crowd. I've been jumping in but only find nobody or 1 other there. My guess is we are all jumping in and out. I would throw out 7 eastern and 9 eastern for two starting points.
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Comment #5 posted by FoM on January 03, 2003 at 14:05:12 PT

Just a Suggestion
Hi Everyone, If anyone wants to chat about the Canadian decision tonight in our chat room please feel free to come on in. Hopefully I will be able to get there for a little while later on tonight. http://www.cannabisnews.com/chat/
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Comment #4 posted by knox42897 on January 03, 2003 at 13:45:09 PT:

"Assert Self-Control Pothead told"
It has been officially reported rummerly tat a defense attorney in Cannada will issue an immediate "Press Release""Potheads are to assert self-control and continue resposible public marijuana use" he said."Please reframe from blowing marijuana smoke at royal mounty police officers until they have completed a manic depression course offered for every enlisted police officer who is experiencing "delusions grandior" and is in extreme danger to suffer from manic depression ralizing "the magic bubble world has burst, Happy New Year" he said."Instead please, blow smoke into pretty white female American tourisSnipped 
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Comment #3 posted by p4me on January 03, 2003 at 13:35:01 PT

What technicality
Toronto - The federal government is moving quickly to quell uncertainty over Canada's drug laws by appealing an Ontario Court ruling that threw out a marijuana charge on a technicality-that there is no valid law against it. In a similar move right wing fundamentalists were dismayed when the same judge dismissed a case of two homosexuals having intercourse for the same technicality- it is not against the law. What a mockery parade of justice yesterday was. The judge should be writing scripts for remakes of the "Twilight Zone" instead of court rulings.
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Comment #2 posted by AlvinCool on January 03, 2003 at 12:24:46 PT

What they were really going to do
I guess they have to jump the gun and really let the Canadian public know what they actually planned to do. If they let 30 grams or less go they are actually working on a plan for decrim. If they hold current law they were just planning to say that they were sorry but with the science, presented by the US and funded by government grants designed to only display negative results, they have to keep cannabis illegal and fill prisons. Remember that John Walters was raised and educated in Canada and wants to protect you.Either way this impass wasn't to happen for another 3 months and they have not had time to distribute the proper propaganda for the second solution to work properly for them. When they uphold current law you can confirm that Canada is really a US suburb. 
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Comment #1 posted by Ethan Russo MD on January 03, 2003 at 11:44:48 PT:

The Double-edged Sword
Okay, so now they are appealing. At the very least, no possession cases with low amounts will proceed in the interim. If the case is won by the Crown, laws against possession will only last until new ones are drafted. If they lose, all bets are off, and there could be some interesting behavior before Parliament is able to act. Certain federal fingernails are appearing a little ragged lately on this side of the 49th parallel.
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