Pubdate: Sat, 04 Jan 2003
Source: Toronto Sun (CN ON)
Copyright: 2003, Canoe Limited Partnership.
Contact:  http://www.fyitoronto.com/torsun.shtml
Details: http://www.mapinc.org/media/457
Author: Maria McClintock, Ottawa Bureau
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

OTTAWA TO FIGHT RULING ON POT

Acquittal Of Teen Opposed

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

Jim Leising, the justice department's director of prosecution for Ontario, 
confirmed yesterday the feds are appealing so that the laws surrounding 
possession of pot for recreational 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 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."

On Wednesday, Justice Douglas Phillips threw out charges against a 
16-year-old Windsor teen, 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 that backed a man's right to smoke pot for 
medicinal purposes.

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

Meanwhile, a handful of tokers lit up in Nathan Phillips Square yesterday 
for a media stunt organized by fringe activist Tooker Gomberg.

"It's not hurting anyone. Drinking hurts people," said one woman.

As reporters and photographers watched about six people smoke joints, 
Gomberg, wearing an orange fright wig, filmed the scene for his Internet 
television show.

"How'd you recognize me?" asked Gomberg, who came a distant second to Mel 
Lastman in the last mayoral election.
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MAP posted-by: Terry Liittschwager