cannabisnews.com: Stay of Pot Possession Charge Under Appeal Stay of Pot Possession Charge Under Appeal Posted by CN Staff on March 24, 2003 at 09:24:17 PT By Lori A. Mayne, Journal Pioneer Source: Journal-Pioneer The federal Crown has officially launched an appeal of a judge's decision to stay a possession of marijuana charge in Summerside's Provincial Court. March 14, Judge Ralph C. Thompson stayed a simple possession of marijuana charge against a 19-year-old Islander, ruling it wouldn't be fair to prosecute him when Ontarians have immunity from the same charge. The Crown filed its Notice of Appeal of that ruling at the P.E.I. Supreme Court in Summerside Friday. The case will be heard by the P.E.I. Supreme Court (Trial Division) at a date yet to be determined. According to the Notice of Appeal, the Crown will ask the court to set aside the stay of proceedings and order the matter to continue before P.E.I.'s Provincial Court. The documents describe the grounds of appeal as "that the Provincial Court Judge hearing this matter erred in imposing a stay of proceedings for this charge; and such further and other grounds as counsel may advise and this Honourable Court may permit." In his decision, Judge 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 a marijuana possession charge 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 also currently under appeal. Courts in one province don't have to follow the rulings of those in other provinces, but they typically take them under consideration. Drug possession laws across Canada 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. Gordon Scott Campbell of the Federal Prosecution Service was not available for comment on the appeal this morning. But in a previous interview, he discussed the Crown's intention to appeal. He said the grounds for appeal would be that Judge Thompson's stay was an error in law. Specifically, he had explained the Crown would argue the Ontario cases should not apply in this province. Until the appeal runs its course, 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. The Crown has already stayed several simple possession of marijuana charges in Summerside Provincial Court. Those cases too could proceed depending on the outcome of the appeal. Other Provincial Court judges do not have to follow Thompson's ruling, Campbell has pointed out. Campbell has said the Crown has taken the position cases in other Provincial Courts here should proceed where possible or be adjourned pending the appeal. Complete Title: Stay of Pot Possession Charge in Summerside Officially Under Appeal Source: Journal-Pioneer, The (CN PI)Author: Lori A. Mayne, Journal Pioneer Published: March 24, 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.htmThree More Pot Cases Stayed in Summersidehttp://cannabisnews.com/news/thread15758.shtmlFox Promises Zero Tolerance for Pot Possession http://cannabisnews.com/news/thread15742.shtmlJudge in Summerside Stays Pot Possession Chargehttp://cannabisnews.com/news/thread15731.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by FoM on March 25, 2003 at 08:56:02 PT News Brief from The Canadian Press Ottawa Stays PEI Pot Charges Canadian Press Published: March 25, 2003Charlottetown — The federal Justice Department says it will stay all charges of marijuana possession on Prince Edward Island involving less than 30 grams until the law is clarified.Recently, a judge in Summerside, PEI, stayed a marijuana charge on grounds that rulings in Ontario have raised doubts about federal marijuana laws.The Crown is appealing that ruling on the Island, but a date has not been set.In the meantime, prosecutors have begun staying other charges. One case occurred in Charlottetown on Monday. Three others were stayed last week in Summerside.Justice officials insist that doesn't mean the charges are being dropped. Staying a charge still allows them to reactivate it within a year, depending on what happens with the appeal. Canadian Links [ Post Comment ] Comment #4 posted by freedom fighter on March 24, 2003 at 19:03:26 PT I think Sam, if you would check the High times or CC, they got article about Lord of Rings players toking up... Too lazy to get it for you but I recalled reading about it.. Wherever you are Jason, may you grow the finest buds for your buddies..;)ff [ Post Comment ] Comment #3 posted by Sam Adams on March 24, 2003 at 10:54:20 PT common knowledge?? Which actors??? [ Post Comment ] Comment #2 posted by Max Flowers on March 24, 2003 at 10:32:06 PT A message, no doubt Seeing as how it's common knowledge that some of the main actors were smoking herb on the set (but on the sly), I'd say it's a message. [ Post Comment ] Comment #1 posted by John Tyler on March 24, 2003 at 10:26:51 PT Off topic At the an Academy Awards last night some people from New Zealand won an Oscar for sound editing for Lord of the Rings. In their acceptance speech they thanked the usual friends and associates. However, one of the people they thanked was someone named Jason Cannabis. Did anyone else catch this? Is this really a person, or some little message? [ Post Comment ] Post Comment