Pubdate: Fri, 03 Jan 2003 Source: Calgary Sun, The (CN AB) Copyright: 2003 The Calgary Sun Contact: http://www.fyicalgary.com/calsun.shtml Details: http://www.mapinc.org/media/67 Author: Stephanie Rubec Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) FEDS FORCED TO CLEAR POT AIR OTTAWA -- The Justice Department will "probably" appeal yesterday's Ontario court decision that ruled there are no laws forbidding the possession of small amounts of marijuana. Jim Leising, the Justice Department's director of prosecution in Ontario, said federal lawyers will move quickly to clarify the laws surrounding possession of pot for recreational use and decide whether to appeal the ruling to the Ontario Superior Court. "It probably will be appealed," Leising said. "Certainly there is a need to ensure the law is clear." Leising downplayed the importance of the ruling, pointing out that it isn't binding on any judge because it came from a lower Ontario court. "It's not much of a precedent," he said. Ruling Downplayed Justice Douglas Phillips threw out charges against a 16-year-old Windsor teen yesterday, siding with defence lawyer Brian McAllister, who argued there's no laws in Canada prohibiting the possession of 30 grams of pot or less. McAllister also submitted that Ottawa failed to deal with a two-year-old ruling from the Ontario Court of Appeal which backed Terry Parker's right to smoke pot for medicinal purposes. Ottawa's response to the Parker ruling was the Marijuana Medical Access Regulations, which are supposed to allow registered Canadians to smoke and possess marijuana for medical reasons under certain circumstances. Last month, a Commons committee recommended Canada bring in legislation that would mean possession of 30 grams of pot would result in nothing more than a ticket and no criminal record. In an earlier report, a Senate committee went further and called on Ottawa to legalize pot altogether. New Laws Promised Justice Minister Martin Cauchon responded by promising new pot laws by March. Leising said the Justice Department maintains it adequately responded to the Parker case and rejects McAllister's arguments to the contrary. - --- MAP posted-by: Tom