cannabisnews.com: Canadian Judge Calls Possession Law Invalid





Canadian Judge Calls Possession Law Invalid
Posted by CN Staff on January 05, 2003 at 08:07:03 PT
By Barry Brown, News Toronto Bureau
Source: Buffalo News 
Toronto - Canada's criminal law against possession of small amounts of marijuana may have been endangered last week when an Ontario judged ruled the law invalid. The ruling by Justice Douglas Phillips of the Ontario Court in Windsor came in the case against a 16-year-old arrested in a park for truancy and found with 5 grams of marijuana in April.
Defense lawyer Brian McAllister argued the current law - which bans marijuana possession - violated a ruling by the Canadian Supreme Court in 2000. That case centered on Torontonian Terry Parker, who has epilepsy. The Supreme Court agreed the marijuana law was unconstitutional because it did not allow for the sick to use the plant for medicinal purposes. The ruling gave the national government one year to replace the law. Instead, in 2001, the federal government changed its medical regulations to allow access to marijuana by approved people whose illnesses could be eased by it. Phillips agreed the high court had invalidated the current law by its order for a new law. "The government never complied with that order," explained Joseph Neuberger, another lawyer involved in the case. As a result, "for simple possession, there really was no law." Despite Phillips' ruling dismissing the charges and the law, prosecutors and police were quick to warn that it was business as usual. In Canada, criminal law is controlled by the national government, and Ottawa was quick to announce its appeal. "We were aware of the uncertainty the decision created, so we thought we'd move as quickly as possible," said federal Justice Department spokesman Jim Leising. In the meantime, "we haven't given any direction to police not to continue to enforce the law," he added. The expedited case likely will be heard in Superior Court in Windsor within a month, he said. Toronto police spokesman Sgt. Robb Knapper agreed the police won't "change the way we do business based on one judge's position." However, the group Ontario Consumers for Safe Access to Recreational Cannabis hailed the ruling and suggested that from now on, anyone charged with possession may be able to sue for false arrest and malicious prosecution. The Windsor ruling is one more step for supporters of a more relaxed attitude toward marijuana. Along with the Parker case, Canadian Justice Minister Martin Cauchon has promised to bring in new legislation decriminalizing marijuana possession by spring, and a Canadian Senate report on the issue called for complete legalization. Canada has also issued several hundred permits allowing for legal possession under certain medical conditions, and funded a major marijuana crop - as yet unused - to serve those medical needs. Last year, the Canadian Supreme Court delayed hearing a case on the constitutionality of the laws against marijuana possession for personal use until Parliament acted on its promise to reform the law. Complete Title: Canadian Judge Calls Marijuana Possession Law Invalid Source: Buffalo News (NY)Author: Barry Brown, News Toronto BureauPublished: January 05, 2003Copyright: 2003 The Buffalo NewsContact: lettertoeditor buffnews.comWebsite: http://www.buffalonews.com/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmAdvocate Sees Judge's Ruling as Step For Forwardhttp://cannabisnews.com/news/thread15115.shtmlLegalized Pot Seems Likely Up Northhttp://cannabisnews.com/news/thread15102.shtmlWhy Cannabis Should Be Legal http://cannabisnews.com/news/thread14045.shtml
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Comment #1 posted by The GCW on January 05, 2003 at 08:52:39 PT
Budget strained governments beware...
...from now on, anyone charged with possession may be able to sue for false arrest and malicious prosecution. For gov's. having money problems... overzealous police may be expensive. And of course if You can afford it, have fun while You can.Better would be to stop caging humans for having a bit of plant material.Do governments do anything more stupid?Do prohibitionists even realize they're admiting disires to cage humans for using a plant.Prohibitionists have LOST. They've lost their discredited war & their mind and will lose more if they continue. These hate crimes may come back to haunt them.It's time for these brothers to consider thier eternal issues.
 
Lost.
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