cannabisnews.com: Supreme Court Will Hear Marijuana-Law Challenge Supreme Court Will Hear Marijuana-Law Challenge Posted by CN Staff on May 01, 2003 at 02:26:09 PT By Kirk Makin, Justice Reporter Source: Globe and Mail Lawyers in a major challenge to the marijuana laws have been told that the Supreme Court of Canada will hear the case next week, notwithstanding statements by Prime Minister Jean Chrétien that have further muddied the issue.The development rules out a repeat of an 11th-hour adjournment of the test case last December. The appellants want the court to declare the current federal marijuana laws unconstitutional because the drug is harmless. Lawyers for the appellants welcomed the news from the court yesterday, but expressed amazement that federal lawyers are going to court to defend the law while their political masters are preparing to change it."It is pretty clear that this file is a complete mess," lawyer Paul Burstein said. "The government doesn't seem to have a plan any more."But government prosecutor David Frankel said the possibility of decriminalizing the possession of small amounts of marijuana -- a move endorsed by Mr. Chrétien on Monday night -- does not change his legal position.A valid law would still be required to prosecute anyone possessing a large amount of the drug, Mr. Frankel said. The convictions of the three appellants will stand if decriminalization takes place, he added, meaning the appeal would not be moot."Even if the government repealed the marijuana laws today, it wouldn't affect these people, unless there were an amnesty," Mr. Frankel said in an interview.The appellants' attack is based on two main grounds: that the government must show serious harm to the health of marijuana users before it can create a law depriving offenders of their liberty; and that the federal government has no jurisdiction to create sanctions involving health issues, because health is a provincial responsibility.On Tuesday, Mr. Chrétien echoed previous statements by federal Justice Minister Martin Cauchon about changing the law to allow police to issue tickets only for those caught with small amounts of marijuana. He said a new law was coming before the House of Commons recesses for the summer. Mr. Cauchon said yesterday that 100,000 Canadians use cannabis daily. Current laws are not effective, given that so many use marijuana, he said.With a report from Brian Laghi in Ottawa.Complete Title: Supreme Court Will Hear Marijuana-Law Challenge Despite Talk of ChangesSource: Globe and Mail (Canada)Author: Kirk Makin, Justice ReporterPublished: Thursday, May 1, 2003 - Page A9 Copyright: 2003 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: http://www.globeandmail.com/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmSupreme Court Halts Pot Appeals http://cannabisnews.com/news/thread14980.shtmlSupreme Court Delays Pot Appealhttp://cannabisnews.com/news/thread14978.shtmlHigh Court Marijuana Case in Limbohttp://cannabisnews.com/news/thread14971.shtml Home Comment Email Register Recent Comments Help Comment #12 posted by afterburner on May 01, 2003 at 09:54:17 PT: Lehder Nukes for pot? Surely, you jest. What kind of believable cover story would the US Defense Department and CNN dream up to hide such an extreme escalation of brutality? Would the USA have any international credibility left? France is a prohibitionist country for God's sake! "The whole world is watching." [Chant heard at the protests and police action during the Democratic Convention in Chicago, 1968]ego transcendence follows ego destruction, and suddenly there is no problem. [ Post Comment ] Comment #11 posted by Virgil on May 01, 2003 at 09:19:14 PT Put me down for 10 $4.20s Yes I am up to 10 $4.20s for 2003. Cashiers treat you differently when you $4.20. It is an experience. Give it a try. Change the world by changing yourself. Knock on the door.How can the prohibitionist not see the tidal wave that is coming? The swell is visible in todays reading a Cnews. Beware the wave, you lousy, need-to-be-dehumanized and then kicked like a red dog prohibitionists. [ Post Comment ] Comment #10 posted by FoM on May 01, 2003 at 09:17:11 PT My Wish I really want to retire. I would love to be able to see that CNews served no purpose anymore. That would be so wonderful! I want peace against this wonderful natural herb! I'll keep hoping and yes even praying for that day to come! God Bless Canada! Don't listen to us down here in the states when they say oh no! You are a free country! Don't make the same mistakes that have been made here by our leaders! Enjoy life, liberty and the pursuit of happiness! [ Post Comment ] Comment #9 posted by druid on May 01, 2003 at 08:55:05 PT here is what I was told by a Canadian Lawyer Quoted: the cops will not be handing out tickets like crazy. They might at first, but it will soon bite them in the ass.Here's why. When you get a ticket, there will be an option on the back to go to trial. (just like speeding ticket or a drunk in public ticket.) Check that option. When the Crown presents it's case it will have to prove through a ciertificate of analysis that it was in fact weed you were smoking.These certificates in Ontario cost $250 each from the Centre of Forensic Sciences. Not only that, the cops will have to keep the evidence and write up a report, or the case is lost.When they catch you drinking beer in public and give you a ticket, if they don't keep a sample of the beer, they are f****d. That's why I always check off the trial option on any ticket. Half the time the cops don't even show up - you win at no cost.Some day the government is going to get a bill and say:"HOLY S**T!!!! 300 million dollars to analyze a mountain of half-smoked joints?!?!?! WTF - knock that s**t off you idiots!I expect they know this already and the cops will only give you a ticket if you are being a d**k and smoking in a truly innapropriate place like a schoolyard.As for property seizures and warrants - none of this will change one bit. Parliamentary legislation is not going to expand police powers in this regard, this is determined already by the relevant caselaw.So everyone should know - same as speeding tickets - if you get one, request a trial, don;t even show up if you don't want to - it costs you nothing extra and half the time the cops will not show and you will be acquitted in absentia.They will not skip a regular criminal trial to go to a provincial offences court for some dumb $100 ticket. [ Post Comment ] Comment #8 posted by TroutMask on May 01, 2003 at 08:17:54 PT Right On! greenfox said it: If the Canadian Supreme Court makes this ruling, then changing the Canadian Constitution is about the only thing that could change it. And that ain't about to happen. Also, greenfox makes a good point: The international drug treaties specifically state that any country where any of the international laws are unconstitutional is not required to abide by those laws. This would be the best possible solution in Canada. The Canadian politicians would say "Hey, we tried but the courts ruled against us." Meanwhile, since the law would be unconstitutional then Canada would still be in full compliance with international law.Fingers crossed! I just can't believe the day is finally here.-TM [ Post Comment ] Comment #7 posted by WolfgangWylde on May 01, 2003 at 07:07:58 PT The GCW... ...It will take massive amounts of civil disobedience from Canadian acitivists. That is, everyone ticketed will have to demand court time, clog 'em up, and make it too much of a hassle/expense for the cops to enforce. This is exactly what Marc Emery is proposing (you can see his views on the "Tough Enforcement" post here). Hopefully, that won't be necessary. What I do know is that the U.S. won't let Canada break free from Cannabis Prohibition without raising a huge stink. [ Post Comment ] Comment #6 posted by Lehder on May 01, 2003 at 07:02:59 PT upholding the truth There are many ways to maintain America's exemplary drug war, and with the earnest cooperation of Canadian authorities. A Waco-type action, for example, in Ottawa would show our resolve. And as far back as December, 1941 it was shown that a military force can be successfully attacked from the air. A pincer movement under command of General Ralph Eberhart would combine a southward penetration from Eilsen Air Base supported by Arctic Thunder out of Elmendorf with a broad assault across the 54th parallel. Canadian forces would be softened electromagnetically and their communications capabilities compromised with directed beams from HAARP. Simultaneously, a nuclear exchange with Old Europe would awe the Canadian public while elite forces blew out hydro at major dams and power stations. Give up on drug interdiction? It ain't gonna happen, folks, and I can tell you why in three words: American firepower. [ Post Comment ] Comment #5 posted by The GCW on May 01, 2003 at 07:00:58 PT "the goods" & WolfgangWylde Canada: Reefer Remedyhttp://www.mapinc.org/drugnews/v03/n627/a07.html?397(also known as; the superplant; the peace plant; the sweet smelling incense; etc.)Huge indeed.Christians 4 CannabisCannabis 4 Christians &WolfgangWylde,I see Your view, but isn't it also possable the Cannadian example will more closely reflect the Holland example?The Cannadians are not complacent about ending the persectutions.I see more, not less cafe's. & Does everyone have their marching orders?MMM - The Million Marijuana March is Sat... there, I said the "M" word.Make sure Your spirit is there. [ Post Comment ] Comment #4 posted by Commonsense on May 01, 2003 at 06:54:25 PT It won't happen, but wouldn't it be perfect... I can't imagine the Canadian Supreme Court ruling that Canadians have the right to smoke marijuana, but if by some miracle they do, this would be huge. No other country has actually legalized marijuana and under the present treaties, none are allowed to. But I don't think that the treaties hold signatory states to the extent that an individual sovereign nation would be required to do things that violate its constitution in order to comply. If the highest court in Canada rules that these laws are unconstitutional, the US won't really have legal grounds to do anything against Canada for striking the offending laws against marijuana. It seems to be the one "loophole" for ignoring the treaties.But then again, I just can't believe it will happen. I'm not sure what legal standard the petitioners must overcome, but my guess is that it will be too high.I wonder if the Court will hold off on making its ruling till after the government does its thing this summer if it is to do anything along the lines of decriminalizing? [ Post Comment ] Comment #3 posted by greenfox on May 01, 2003 at 06:37:12 PT Iplications for Amerikkka Well folks, this is very exciting. It seems as if Canada is going to look at this problem with a more serious eye. All I can say is if this is overturned in Canada, there will be very little the US can do to stop it. After all, it's not like Canada is in Europe (like the Netherlands); nay, Canada is our Northern border. So then what? Well, the US will either have to form a complete police state and close all Canada/US borders, (possible given Bushy-wushy), or to concur that the laws are all f***ed up and to give us our God-given liberty. So what's it going to be, I wonder?! :) Good luck Canada!Sly in green, foxy in KIND~~~....-gf [ Post Comment ] Comment #2 posted by WolfgangWylde on May 01, 2003 at 06:22:05 PT My prediction... ...is that when its all said and done (the Supreme Court case, Cauchon's decrim plan, etc.), what Canada will end up with is a legal source of MEDICAL marijuana, a personal possession law on par with the State of Ohio, VASTLY increased enforcement of personal possession laws (ie: many millions ticketed and fined), and a U.S. style War On Marijuana vis-a-via cultivation and dealing. It'll look like a win at first, but it won't be at all. [ Post Comment ] Comment #1 posted by Dark Star on May 01, 2003 at 05:29:24 PT Crunch Time This is it, folks. There will be no weaseling out this time. I am shocked that the court is finally going to address the issue, and refuses to be derailed the umpteenth time by promises by the Crown that they will fix things.This portends to be huge. Cross, your fingers, pray, balance your karma, walk your dogma, or do whatever you feel will restore the cosmic balance and end prohibition in Canada! [ Post Comment ] Post Comment