Pubdate: Fri, 03 Jan 2003
Source: Halifax Herald (CN NS)
Copyright: 2003 The Halifax Herald Limited
Contact:  http://www.herald.ns.ca/
Details: http://www.mapinc.org/media/180
Author: Canadian Press

JUDGE THROWS OUT TEEN'S POT CHARGE

Decision Lauded As Another Sign Canada's Marijuana Laws Are Relaxing

WINDSOR, Ont. -- An Ontario Court judge has thrown out a marijuana charge 
against a 16-year-old boy in a ruling lawyers heralded yesterday as another 
sign that Canada's pot laws are relaxing.

Justice Douglas Phillips dropped the charge after lawyer Brian McAllister 
argued in court that there is effectively no law prohibiting the possession 
of 30 grams or less of marijuana.

Even though the ruling signals for some the beginning of the end for 
Canada's prohibition against possessing small amounts of the drug, those 
who do could still be charged, McAllister said.

"My interpretation of the law -- and (it's) been accepted by the judge -- 
is there's no law in Ontario prohibiting possession of marijuana," he said 
in an interview.

"But the danger is the police aren't likely to accept that argument and 
another judge may not accept that argument."

The ruling "affects at this time only this young person," he continued. 
"(But) from what I understand, there's a number of other judges that have 
been awaiting this decision and have been holding off hearing other cases 
that involve the same issue, so it's potentially persuasive on those 
courts." Jim Leising, a spokesman for the federal Justice Department, said 
the ruling will be studied carefully and a decision on whether to appeal or 
take some other action will likely be made within 10 days.

Warning issued

Because the ruling involves a minor, it's especially important to "address 
the judgment fairly quickly," said Leising, director of the department's 
federal prosecution services in Ontario.

In the meantime, Leising warned that the ruling doesn't give Canadians the 
freedom to use marijuana without facing possible charges. Currently, 
conviction of possessing 30 grams or less of pot can carry a fine or up to 
six months in jail.

Yesterday's ruling involving the 16-year-old -- who can't be named because 
of his age -- "is unique," Leising admitted.

But the law making possession of marijuana illegal "is still valid and 
enforceable and someone would be (using marijuana) at their own peril." In 
defending the 16-year-old, who was on probation when he was arrested last 
April for possessing marijuana, McAllister sought to have the charge 
dropped on the grounds that Ottawa has not yet adequately dealt with a 
ruling two years ago from the Ontario Court of Appeal.

In that landmark decision, the appeals court sided with marijuana user 
Terry Parker, who argued that the law violated the rights of sick people 
using the drug for medical reasons. Parker, an epileptic, said he needs 
marijuana to control his seizures.

The federal government's response to the Parker ruling was its now-infamous 
Marijuana Medical Access Regulations, which are supposed to allow marijuana 
use for medical reasons under certain circumstances.

Those regulations have been widely criticized for being cumbersome, unfair 
and loaded down with bureaucratic red tape.
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MAP posted-by: Keith Brilhart