cannabisnews.com: Cauchon Says Pot Law Valid Despite Rulings Cauchon Says Pot Law Valid Despite Rulings Posted by CN Staff on April 01, 2003 at 16:33:22 PT By Louise Elliot Source: Canadian Press Ottawa - Justice Minister Martin Cauchon says Canada's pot possession law is still valid, even though judges in three provinces have ruled to the contrary. In two separate rulings, provincial judges in Ontario and P.E.I. have tossed out simple possession charges, prompting Cauchon's department to stay all such charges in those provinces. Another ruling by a Nova Scotia judge Monday will likely lead to a similar stay while the decision is appealed. Still, Cauchon insisted: "The existing legislation is the law of the land and at Justice Canada we will keep enforcing that legislation." He said he can't comment on the judges' decisions because of his position. The Justice minister was recently criticized by a prominent legal expert for delaying a promised bill to decriminalize simple pot possession, prompting such rulings. Alan Young of Osgoode Hall law school said Cauchon had failed to address the issue quickly enough following a key ruling in Windsor, Ont., earlier this year, on which the other rulings were based. Cauchon who first promised revamped legislation by April, and then by June, gave no date Tuesday. "We're in the middle of a consultation process with other ministers and various stakeholders as well and I will move ahead with an answer as soon as I can," he said. A provincial court judge in P.E.I. ruled two weeks ago that an Ontario court decision which prompted the adjournment of all simple possession charges in Ontario should be binding in other provinces as well. He was referring to the Windsor case - now under appeal - in which charges against a 16-year-old were thrown out on the argument that the federal Controlled Drugs and Substances Act no longer effectively prohibits possession under 30 grams. It led the federal Justice Department to ask its Crown attorneys to seek adjournment or stay of all simple possession charges in Ontario. Justice officials last week similarly stayed all pot possession charges in P.E.I. In an interview, Justice Ralph Thompson of P.E.I. provincial court said he has received several requests from other provinces for a copy of his ruling. On Monday, Judge Flora Buchan of Nova Scotia referred to the Ontario and P.E.I. decisions in ruling there is no valid federal law governing simple possession. No decision on whether to appeal the ruling had been made as of late Tuesday, said Justice Department spokesman Patrick Charette. A decision on whether to stay all possession charges in Nova Scotia is expected "any time," he said. Asked what role U.S. opposition to decriminalization would play in the final shape of the legislation, Cauchon said he would keep working in co-operation with the United States but would make sure that any legislation reflects Canadian values. Complete Title: Cauchon Says Pot Law Valid Despite Rulings in Three Provinces Against ItNewshawk: puff_tuffSource: Canadian Press Author: Louise ElliotPublished: Tuesday, April 01, 2003Copyright: 2003 The Canadian PressRelated Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmN.S. Judge Stays Pot Case http://cannabisnews.com/news/thread15838.shtmlPot Charges Could Be Stayed Across Canadahttp://cannabisnews.com/news/thread15828.shtmlStay of Pot Possession Charge Under Appeal http://cannabisnews.com/news/thread15786.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by WolfgangWylde on April 02, 2003 at 04:33:19 PT Cauchon is wrong... ..., of course. The lower courts are only applying the ruling of the Ontario Court of Appeals. That's what courts do. [ Post Comment ] Comment #5 posted by afterburner on April 01, 2003 at 23:51:25 PT: Blood on their Hands? Peter McWilliams later died because federal officials refused to allow him to use medical marijuana while he was awaiting sentencing on cultivation charges. -Weed wedding http://www.reneeboje.com/wedding.htmlDon't let the same happen to Michael Patriquen.ego destruction or ego transcendence, that is the question. [ Post Comment ] Comment #4 posted by afterburner on April 01, 2003 at 22:36:15 PT: Very Alarming!!! CN NS: Suspected Drug Users Could Lose Driver's Licences http://www.mapinc.org/newscc/v03/n477/a04.html?397Drivers suspected of being under the influence of drugs other than alcohol could get a 24-hour suspension that would stay on their driving record for 10 years, according to proposed legislation. ...Justice Minister Jamie Muir said Monday said it's easier to determine if a person is under the influence of alcohol as opposed to other drugs. "If somebody is impaired by marijuana, how do you know that?" Mr. Muir said....Liberal MLA Michel Samson said it's a definite grey area. ..."The idea of our justice system is that you are found guilty beyond a reasonable doubt," he said. "If that is not the case, presumption of guilt I don't believe is sufficient." ego destruction or ego transcendence, that is the question. [ Post Comment ] Comment #3 posted by afterburner on April 01, 2003 at 20:32:31 PT: Justice Minister Martin Cauchon, Make Your Move. Three out of 13 provinces and territories disagree. If you want to recover your credibility, then table legislation soon, while you still can. I hope and pray that Canadian medical cannabis exemptees are among your stakeholders, as well as the 69% who favour decriminalization of cannabis. Stop fighting a losing battle with your finger stuck in the dyke!Lest we forget: The Coming Canadian Drug Revolution http://www.cannabisnews.com/news/15/thread15192.shtmlPot Penalties Out of Whack, MPs Say http://www.cannabisnews.com/news/14/thread14963.shtmlCanada's Drug Strategy Report: http://www.parl.gc.ca/InfoComDoc/37/2/SNUD/Studies/Reports/snudrp01/08-toc-e.htm Senate of Canada: Special Committee on Illegal Drugs http://www.parl.gc.ca/common/Committee_SenHome.asp?Language=E&Parl=37&Ses=1&comm_id=85HISTORICAL AND CULTURAL USES OF CANNABIS AND THE CANADIAN "MARIJUANA CLASH" - Prepared For The Senate Special Committee On Illegal Drugs - Leah Spicer - Law and Government Division - 12 April 2002 - LIBRARY OF PARLIAMENT http://www.parl.gc.ca/37/1/parlbus/commbus/senate/Com-e/ille-e/library-e/Spicer-e.htmPot Support in Full Flower http://cannabisnews.com/news/thread15522.shtml [ Post Comment ] Comment #2 posted by mayan on April 01, 2003 at 18:18:30 PT "Various Stakeholders" Cauchon, who first promised revamped legislation by April, and then by June, gave no date Tuesday. "We're in the middle of a consultation process with other ministers and various stakeholders as well and I will move ahead with an answer as soon as I can," he said."Various stakeholders", eh? Now, just who could that be? Cauchon wouldn't be referring to the Bush regime, would he? Yep, They'd better consult the most criminal administration in the history of the United States first!The way out is the way in... Top 11 Questions For 9/11 Commission: http://www.scoop.co.nz/mason/stories/HL0303/S00255.htmGroup Pledges to Monitor 9/11 Government Commission: http://www.scoop.co.nz/mason/stories/WO0304/S00027.htm 9/11 Prior Knowledge/Government Involvement Archive: http://www.propagandamatrix.com/archiveprior_knowledgeWho Gave The Green Light For 9/11? http://www.willthomas.net/911part1.htm [ Post Comment ] Comment #1 posted by The GCW on April 01, 2003 at 16:42:26 PT It's almost out of Justice Minister Martin Cauchon's hands.??? [ Post Comment ] Post Comment