Pubdate: Sat, 28 Dec 2002
Source: Toronto Star (CN ON)
Copyright: 2002 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

JUDGE WILL RULE ON VALIDITY OF POT LAW

Simple Possession Not Illegal, Lawyer Says New Federal Rules Allow Medical Use

WINDSOR--An Ontario judge says he will rule next week on the question of 
whether Canada's laws that make it illegal to possess small amounts of 
marijuana are invalid.

Ontario Court Justice Douglas Phillips said he will have a decision 
Thursday in the case of a 16-year-old youth who was charged in April with 
possession of marijuana.

Phillips heard legal arguments yesterday by lawyer Brian McAllister, who is 
representing the youth, and federal drug prosecutor Ed Posliff. McAllister 
brought forward an application to have the drug charges dropped, asserting 
the Controlled Drugs and Substances Act no longer prohibits the simple 
possession of marijuana by virtue of an earlier decision in the Ontario 
Court of Appeal. In that case, the appeal court struck down the federal law 
prohibiting the possession of less than 30 grams of marijuana.

The court found in the case of Terry Parker of Toronto that the law 
violated the rights of sick people who use marijuana for medical reasons.

It declared the law invalid, but it suspended the declaration of invalidity 
for a year to allow the government time to revamp the law and correct the 
problem.

In response, the federal government passed the Marijuana Medical Access 
Regulations, which allow marijuana use for medical reasons under certain 
circumstances. But McAllister said that wasn't enough.

He said it was incumbent on Parliament to re-enact the marijuana possession 
section in the drug law once the new regulation was in effect.

Without that action, there is no valid law, McAllister argued, because the 
appeal court ruled it to be invalid.

The crown doesn't see it that way. "Our position is it continues to be a 
crime to possess marijuana except if you have proper medical 
authorization," Posliff said. Posliff argued the law still stands, despite 
McAllister's assertion that Parliament needed to re-enact the law. "Only 
Parliament can repeal its own acts," Posliff said. "A court cannot repeal 
an act of Parliament." If Phillips rules in his favour, McAllister said the 
decision will not be binding on other courts.

But "it would have a persuasive affect."
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MAP posted-by: Terry Liittschwager