Pubdate: Sat, 04 Jan 2003 Source: Toronto Star (CN ON) Copyright: 2003 The Toronto Star Contact: http://www.thestar.com/ Details: http://www.mapinc.org/media/456 Author: Marlene Habib, The Canadian Press Bookmarks: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada) http://www.mapinc.org/people/Terry+Parker (Terry Parker) OTTAWA APPEALS JUDGE'S MARIJUANA RULING Until Decision, Drug-Busting As Usual, Officer Says Experts See Signs Pot Laws in Canada Are Relaxing The federal government moved quickly yesterday to quell uncertainty over Canada's drug laws by appealing Thursday's Ontario Court ruling that threw out a marijuana charge on a technicality. "We were aware of the uncertainty the decision created so we thought we'd move as quickly as possible," said federal Justice Department spokesperson Jim Leising. Leising said the appeal was "expedited" after Justice Douglas Phillips sided Thursday with lawyer Brian McAllister and his client, a Windsor teen who was charged last April with possession of marijuana. Phillips tossed the charge after McAllister argued that Ottawa has not yet fixed a loophole that effectively invalidates Canada's drug laws when it comes to cases involving 30 grams of marijuana or less. That loophole emerged two years ago when Terry Parker, an epileptic who uses marijuana to ease his symptoms, won the right to possess pot in a landmark decision from the Ontario Court of Appeal. Ottawa's response to the Parker ruling was to introduce the Medical Marijuana Access Regulations, which are supposed to allow qualified applicants to use marijuana for medical reasons. But McAllister successfully argued that rather than using regulations to close the loophole and allow marijuana's medicinal use, the government ought to have instead drafted a whole new statute. The regulations in question are also the subject of a constitutional challenge in Toronto by a group of medical marijuana users who say their right to choose their own form of treatment is being violated. Notwithstanding Thursday's ruling, the act is still the law of the land in Canada and police will proceed as usual with laying charges, Leising said. But he conceded the Ontario judgment has created "potential for it to be followed" by enforcement officials and the courts. Leising said McAllister was served Friday with the government's intention to appeal, and said the case will likely be heard in Superior Court in Windsor within the next 30 days. Crown prosecutors handling similar cases involving small amounts of marijuana are being asked to consent to delays in hearings until after the appeal is heard, he added. But Leising disagreed with the suggestion that the pursuit of drug offences involving marijuana is on hold in Canada. "We haven't given any direction to police to not continue to enforce the law," Leising said. McAllister said he's received numerous e-mails and calls from other lawyers who want to use the same invalid-law argument to defend clients. "It's getting to the point where we'd all be well served to just have everything held in abeyance until the appeal is heard," McAllister said. "Once the appeal court hears this case, at that point it will have wide-ranging implications, at least in Ontario." A Toronto police spokesperson said it'll be pot-busting business as usual, at least until the appeal court makes a decision. "We can't change the way we do business based on one judge's position," Sergeant Robb Knapper said. "As far as I can see, it's business as usual, so if we find someone committing an offence and there are grounds to lay a charge, I'm sure (police) will do so." Legal experts and marijuana advocates alike heralded Thursday's ruling as another sign that Canada's pot laws are relaxing. Many said they believe it signals the beginning of the end for Canada's prohibition against possessing small amounts of the drug. Last month, a Commons committee recommended Canada bring in legislation decriminalizing marijuana use, meaning possession of small amounts would result in nothing more than a fine and no criminal record. In an earlier report, a Senate committee called on Ottawa to legalize pot altogether. - --- MAP posted-by: Richard Lake