Pubdate: Tue, 01 Aug 2000
Source: Province, The (CN BC)
Copyright: 2000 The Province
Contact:  200 Granville Street, Ste. #1, Vancouver, BC V6C 3N3 Canada
Fax: (604) 605-2323
Website: http://www.vancouverprovince.com/

POT CLOSER TO LEGAL

Court Gives Feds A Year To Fix Law On Possession

The federal law prohibiting pot possession is under assault after Ontario's 
highest court ruled it unconstitutional.

The Ontario Court of Appeal has given Ottawa a year to amend the law, or in 
effect possessing marijuana would be legal.

The court ruled yesterday that Canada's marijuana law fails to recognize 
that people who suffer from chronic illnesses can use pot as medicine.

As a result, the court ruled that if Ottawa does not clarify the law within 
12 months the law prohibiting marijuana possession in Ontario will be 
struck down, which could eventually lead  to similar challenges across Canada.

"The decision will open doors across the country for sick Canadians who 
need pot to help alleviate symptons such as nausea and vomiting," said 
Aaron Harnett, lawyer for epileptic Terry Parker.

Parker, 44, said marijuana has virtually eliminated the 15 to 80 weekly 
seizures he suffered for about 40 years.

"I am quite ecstatic, I'm grateful and I'm glad to see the court recognize 
marijuana as a medical application," he said.

In the meantime, pot possession is still illegal, but people such as Parker 
who need it for medicinal purposes can apply for exemptions.

All Ontarians could be allowed to smoke pot in 12 months if nothing is 
done, said Alan Young, an Osgoode Hall law professor.

"The whole (marijuana) law is tainted by the failure of Parliament to have 
meaningful process whereby people can use the illicit substance as 
medicine," said Young. "If (Parliament) doesn't amend the law and rectify 
the problem...everyone will be entitled to smoke marijuana legally within 
the next 12 months.
- ---
MAP posted-by: Terry Liittschwager