Pubdate: Sat, 04 Jan 2003
Source: Edmonton Sun (CN AB)
Copyright: 2003, Canoe Limited Partnership.
Contact:  http://www.fyiedmonton.com/htdocs/edmsun.shtml
Details: http://www.mapinc.org/media/135
Author: Maria McClintock, Sun Ottawa Bureau

FEDS FIGHT POT RULING JUDGE

OTTAWA -- The federal government has filed an appeal of an Ontario court 
decision that ruled there are no laws forbidding the possession of small 
amounts of pot.

Jim Leising, the Justice Department's director of prosecution in the 
province, confirmed yesterday the feds are appealing so the laws 
surrounding possession of pot for recreation use will be clarified.

"We're hoping the appeal will be heard quickly," said Leising, who hopes 
the Ontario Superior Court will hear the appeal within the next 30 days.

"Whatever uncertainty that was created by this judgment would be cleared up 
and that would mean everyone would be in agreement that the prohibition 
against possession of marijuana is valid."

Justice Douglas Phillips threw out charges against a 16-year-old Windsor 
teen Wednesday, siding with the defence lawyer's argument that there are no 
laws in Canada prohibiting the possession of 30 grams of pot or less.

The defence also argued that the feds failed to deal with a two-year 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 give the green light to Canadians to smoke and possess 
pot for medical reasons under specific circumstances.

Justice Minister Martin Cauchon said last month that he favours 
decriminalizing possession of less than 30 grams of pot, and will bring in 
new legislation to that effect by March.

His comments came on the heels of a Commons committee report making the 
same recommendation, which would mean that possession of 30 grams of pot 
would result in nothing more than a fine and no criminal record.

An earlier Senate report called for the all-out legalization of pot.
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MAP posted-by: Jay Bergstrom