cannabisnews.com: Hold Off Cannabis Charges, Chief Says





Hold Off Cannabis Charges, Chief Says
Posted by CN Staff on June 07, 2003 at 08:53:32 PT
By Paula McCooey, The Ottawa Citizen 
Source: Ottawa Citizen 
Chief Vince Bevan says Ottawa police will continue to investigate simple possession of cannabis, but won't charge people, pending a decision on a recent legal ruling. Police across the province are being advised to no longer lay charges for possession under 30 grams until the law is clarified by either the courts or the federal government. This follows a decision by Superior Court Justice Steven Rogin on May 16 that possessing less than 30 grams of marijuana is no longer against the law in Ontario. 
His ruling upheld a previous Ontario court's decision to drop charges of possession against a youth.A motion to stay the decision could be heard by the Ontario Court of Appeal as early as Tuesday, following an urgent request by the justice department.If the motion to stay the court decision is passed, the existing marijuana laws would be enforceable pending the appeal.Chief Bevan said if the motion to stay Judge Rogin's decision is unsuccessful, Ottawa police will await the outcome of an appeal to the Ontario Court of Appeal."After consultation with legal counsel and professional colleagues, I have directed that it will be the practice of this police service to use discretion," Chief Bevan said in a statement issued yesterday.He stressed the Ottawa force will continue to investigate the "simple possession" of cannabis in accordance with established procedures, which include seizing cannabis, submitting exhibits and fully documenting the investigation and seizure."If the Ontario Court of Appeal upholds the decision, Parliament will have to consider a legislative solution," he said. "I share the concern of chiefs of police across the country. This is a matter of national significance affecting public safety and public confidence in the justice system. The debate over Canada's drug laws, in particular cannabis reform, has caused great confusion in our community."I am concerned that in the interim, this situation is undermining public confidence in the integrity of the criminal justice system," said Chief Bevan. "These are matters of law and are of great importance to the police and to the community at large. I call upon the government of Canada to take immediate action to resolve this urgent matter."Federal Justice Department spokesman Jim Leising said the government is appealing the Ontario ruling "because we think there is a valid prohibition against possessing marijuana. We essentially agree that the law is in a state of confusion at the moment, and we need to have some clarity and certainty."The Ontario Association of Chiefs of Police said the interim decision is a reaction to unclear messages from courts and the federal government."What we're finding is in some cases, the courts are either adjourning the matters until the appeal court has been heard, but in other ones they're actually just throwing the charges out," said Tom Kaye, president of the Ontario Association of Chiefs of Police. "At this stage of the game, we're kind of wondering where this exactly is going."While officers have been advised not to lay charges, that doesn't mean Ontario residents can light up a reefer with no consequences."These individuals may well be charged down the road," said Mr. Kaye. "Police are being told to process people found in possession of marijuana, then keep the incident on record."Note: Police will still investigate possession offences, Bevan warns. With files from Canadian Press.Source: Ottawa Citizen (CN ON) Author: Paula McCooey, The Ottawa Citizen Published: Saturday, June 07, 2003Copyright: 2003 The Ottawa CitizenContact: letters thecitizen.southam.caWebsite: http://www.canada.com/ottawa/ottawacitizen/ Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmOntario Police Are in a Fog Over Pot Lawshttp://cannabisnews.com/news/thread16557.shtmlNo Laws Ban Possession of Marijuanahttp://cannabisnews.com/news/thread16321.shtmlMarijuana Possession Law Erasedhttp://cannabisnews.com/news/thread16320.shtml
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