cannabisnews.com: Three More Pot Cases Stayed in Summerside





Three More Pot Cases Stayed in Summerside
Posted by CN Staff on March 20, 2003 at 07:16:17 PT
By Lori A. Mayne, Journal Pioneer 
Source: Journal-Pioneer
Three more men had charges of pot possession against them stayed in Provincial Court in Summerside Wednesday, as the Crown awaits higher court rulings. Friday, Judge Ralph C. Thompson had stayed a simple possession of marijuana charge against a 19-year-old man in the court. Thompson ruled it wouldn't be fair to prosecute him when Ontarians have immunity from the same charge. In his decision, Thompson had referred to Ontario cases.
In 2000, that province's Court of Appeal said the possession of marijuana charge violated the rights of Terry Parker, by preventing him from legally accessing marijuana for medicinal reasons. The court gave Parliament a year to revamp its laws. In his ruling, Thompson said the Parker decision effectively struck down the law that prohibits simple possession. And since lower Ontario courts are bound by that decision, it means Ontarians essentially have immunity from prosecution. Jan. 2 this year, an Ontario court threw out marijuana possession charges against a 16-year-old on the basis Ottawa had not yet effectively dealt with the Parker ruling and filled the legislative void. That case is currently under appeal. And in a Wednesday interview, counsel with the Federal Prosecution Service confirmed its intention to appeal Judge Thompson's ruling. Gordon Scott Campbell explained the Crown has to 30 days to file notice of appeal and it expected to do so "soon". As appeals run their course, he said the Crown has been directed to either direct stays on simple marijuana possession charges in the court or (where the accused consents) adjourn the cases to a later date. A stay means the proceedings have stopped, not been thrown out. Campbell noted the Crown has a year to decide whether or not to lift stays it imposes and proceed. When asked on what basis the Crown would appeal Thompson's ruling, Campbell said: "At the moment we are still examining the judgement. Fundamentally, the grounds of the appeal are that the stay imposed by his honour, Judge Thompson, was an error in law." Specifically, Campbell said the Crown would argue the Ontario cases should not apply here. Courts in one province don't have to follow those in other provinces, but they typically take their rulings under advisement. Drug possession laws across the country all come under the domain of the Federal Crown. And Judge Thompson had ruled that the law should therefore be applied the same across the country. Campbell said the appeal of Thompson's ruling would still proceed even if the Crown wins the appeal in Ontario. But he suggested winning the Ontario appeal would have "strong persuasive value" for other cases. He added that other Provincial Court judges in P.E.I. aren't bound by Thompson's ruling and could decide cases differently. He said the Crown has taken the position cases in other Provincial Courts here should proceed where possible or be adjourned pending the appeals. Campbell stressed the ruling refers only to simple possession of marijuana charges. Charges for trafficking, possession for the purpose of trafficking and cultivation, for instance, would still proceed. The pot possession charges stayed by the Crown in Summerside Wednesday — which included one against a man who didn't show up for court and would normally have a warrant issued for his arrest — could proceed if the Crown wins its appeals. For his part, Judge Thompson commended the Crown for taking the approach to stay charges under the circumstances and until higher courts can render decisions. "I think it's the fairest approach that can be taken," the judge said. Complete Title: Three More Pot Possession Cases Stayed in SummersideSource: Journal-Pioneer, The (CN PI)Author: Lori A. Mayne, Journal Pioneer Published: March 20, 2003Copyright: 2003 Journal-PioneerWebsite: http://www.journalpioneer.com/Contact: http://www.journalpioneer.com/contact.cfmRelated Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmFox Promises Zero Tolerance for Pot Possession http://cannabisnews.com/news/thread15742.shtmlJudge in Summerside Stays Pot Possession Chargehttp://cannabisnews.com/news/thread15731.shtmlP.E.I. Judge Frees Man on Pot Possession http://cannabisnews.com/news/thread15726.shtml
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Comment #3 posted by Virgil on March 20, 2003 at 08:28:34 PT
I wish I would have added to comment 1
In the case of Doc Zombie "Write on, fellow patriot."
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Comment #2 posted by FoM on March 20, 2003 at 08:26:57 PT
Here's the article about Ed
Thanks Virgil for the links. Advocate of Legalizing Marijuana Sues Comcast: 
http://www.cannabisnews.com/news/thread15755.shtml
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Comment #1 posted by Virgil on March 20, 2003 at 08:22:12 PT
Sounds good to me
Now if Mexico would come to their senses, we would have a warm place for a winter vacation and a cool place for a summer vacation. The American aggression and arrogance will have to affect the acceptance of the US policy of insanity toward cannabis and will energize the opposition to institutionalized insanity sponsored by US bullying with a big showdown coming in Vienna in 3 weeks.Preston Peet of drugwar.com has a good eyewitness piece up on the 5th Annual High Times Stony Awards given in NYC on March 5th. It is almost hard to believe the NYPD did not raid the place if for no other reason than to catch a contact buzz. The biggest applause came when the Simpsons of cartoon fame got their award- http://www.drugwar.com/htstony2003.shtmThey put up articles on the left side of the page at drugwar.com and they have a story where Weedman is suing a television station because it sensored his ads and libeled him- http://www.southjerseynews.com/issues/march/m031903q.htmDoc Zombie carries the fight to the prohibitionists at marijuana.com. I would like to copy a few lines from his recent Call for Sensibilities in a piece he calls "An Empire of Lies"- http://www.marijuana.com/article.php?sid=6001&mode=&order=0Individualism is the most direct affront to the Fascist mentality. Turn that swill-spewing, mind-numbing, Big Brother electro-suppository OFF. Get your news off the Internet. Avoid the big Corporation mouthpieces there, obviously. Turn off the commercial media. Boycott its presence. Go into the streets and scream.The commercial media lies non-stop to trick people – “consumers” - into believing things that are wrong, and to get them to buy things that they probably don’t need.And here he mixes common sense with plain talk to say-The entire Bush Administration should all be impeached post haste, investigated and indicted where possible. Marijuana laws, in no uncertain terms, should be completely scrapped and the War on Drugs bulldozed into a giant heap and set on fire. Nobody is going to save us but us and we are empowered, if not absolutely mandated, by the Declaration of Independence and the Constitution of the Nation Formerly known as the USA to toss the current regime out on their flabby white asses and start the hell over. People need to protest like the planet has not seen before. Hound them mercilessly. Eat French fries dammit.American children should sing songs of Peace and draw pictures in the ashes of the Bush Administration’s nightmarish visions. We should issue stamps and build statues and memorials to the protestors. Be a beacon the rest of the world again (or for once, depending on your perspective).As they used to say in the 70's, "Right on, brother."
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