cannabisnews.com: Federal Crown To Appeal Nova Scotia Ruling Federal Crown To Appeal Nova Scotia Ruling Posted by CN Staff on April 08, 2003 at 10:19:16 PT By Steve Macleod, Canadian Press Source: Canadian Press Halifax - The federal Crown is appealing a Nova Scotia judge's ruling that there is no valid law in place governing simple possession of marijuana. A spokesman for the federal Justice Department said Tuesday that adjournments would also be sought in pot possession cases in Nova Scotia and Prince Edward Island, where a similar ruling was recently made, until the appeal is heard. "As far as the Crown is concerned, the law remains as it always was," said spokesman Glenn Chamberlain. "It's appropriate that we appeal the decision and it's appropriate in the meantime that we don't go forward with other cases. Otherwise, they'd be in the same position." Last month, a provincial court judge in Dartmouth, N.S., stayed charges against Paula Clarke, who was accused of possessing a small amount of pot. Citing similar stays in Prince Edward Island and Ontario, Judge Flora Buchan said citizens in Ontario and the Island are unlikely to be convicted of simple possession, so people in Nova Scotia deserve equal treatment. The controversy began in 2000 when the Ontario Appeal Court ruled that federal drug laws violated the rights of a man who smoked pot for medical reasons. The court gave Parliament one year to revamp the law. A Commons committee recently recommended that people be allowed to possess up to 30 grams of marijuana without risking criminal penalties. Federal Justice Minister Martin Cauchon welcomed the recommendation by saying he intends to decriminalize simple possession, but many are skeptical of actual reforms. Chamberlain said that unless the law changes, it is business as usual for police and prosecutors. "The Crown's position is that this provision of the Controlled Drugs and Substances Act remains in effect and is enforceable," he said. "That's the principal thing we want people to know. Our contention is that the law remains in effect and is enforceable." Chamberlain said about 400 marijuana possession cases are heard in Nova Scotia each year. He said the Nova Scotia and P.E.I. stays were based on an Ontario ruling that is under appeal and has no jurisdiction elsewhere. The two Maritime provinces are the only provinces to issue stays since the Ontario ruling. "In our view, the law remains in effect," Chamberlain said. A date for the appeal has yet to be set, but Chamberlain hopes it will be dealt with quickly because of the volume of cases it will affect. Complete Title: Federal Crown To Appeal Nova Scotia Ruling on Simple Marijuana PossessionSource: Canadian Press Author: Steve Macleod, Canadian Press Published: Tuesday, April 08, 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 #5 posted by mayan on April 09, 2003 at 04:24:11 PT freedom fighter Thanks for your 2 cents. I hope you're right about it affecting all of Canada. It looks like change in the U.S. will come only after Canada does it's thing. Change will come, though! [ Post Comment ] Comment #4 posted by freedom fighter on April 08, 2003 at 18:57:12 PT Mayan Citing similar stays in Prince Edward Island and Ontario, Judge Flora Buchan said citizens in Ontario and the Island are unlikely to be convicted of simple possession, so people in Nova Scotia deserve equal treatment. I am assuming it would affect all in Canada. What I want to know if the appeal will be face by the same judges that ruled a year or so ago to clear the mess??Yes, looking forward to some reallll good news!pazff [ Post Comment ] Comment #3 posted by mayan on April 08, 2003 at 17:28:55 PT End of Prohibition! If the Crown loses this appeal, will it affect only Nova Scotia or all of Canada? Either way, this looks like the beginning of the end of cannabis prohibition in Canada! Now, it's just a matter of time.Stop the wars!NATIONAL ORGANIZATIONS ENDORSE APRIL 12 MARCH ON WASHINGTON! http://www.internationalanswer.org/news/update/040303natlend.html [ Post Comment ] Comment #2 posted by Sam Adams on April 08, 2003 at 11:58:39 PT Sounds good, sounds very good! If I understand this correctly, the Crown appeals will only hasten the final blow to the marijuana laws, right? The courts will probably confirm that the law is invalid.It's great that the Canadian Press people are now ridiculing Head Pig-in-charge Cauchon.This is the best part though:Chamberlain said that unless the law changes, it is business as usual for police and prosecutors. "The Crown's position is that this provision of the Controlled Drugs and Substances Act remains in effect and is enforceable," he said. "That's the principal thing we want people to know. Our contention is that the law remains in effect and is enforceable." Duh, OK buddy, we'll all flush our herb down the toilet right away! [ Post Comment ] Comment #1 posted by Dark Star on April 08, 2003 at 10:32:30 PT News for the Crown It is all over but the crying for cannabis prohibition in Canada. This current volley would be funny if it were not so tragic. The Canadian courts have made it abundantly clear that they will not be satisfied with platitudes and half-measures any longer where cannabis is concerned. The "Crown" is proving itself to be ineffectual and its proposals indefensible. Expect the court to slap them for it in pending cases in the next 4-6 weeks. [ Post Comment ] Post Comment