Pubdate: Sun, 16 Mar 2003 Source: Edmonton Sun (CN AB) Contact: 2003, Canoe Limited Partnership. Website: http://www.fyiedmonton.com/htdocs/edmsun.shtml Details: http://www.mapinc.org/media/135 Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) P.E.I. JUDGE REFUSES TO OK POT CHARGE Cites Similar Cases Thrown Out In Ontario SUMMERSIDE, P.E.I. -- A Prince Edward Island judge has stayed a teen's marijuana possession charge, ruling it would be unfair to prosecute him when other Canadians have immunity from the same charge. Provincial Court Judge Ralph C. Thompson stayed the proceedings against the 19-year-old after considering cases in Ontario. The teen was charged with possessing 30 grams or less of marijuana in the fall. In his decision, the judge explained an Ontario Court of Appeal ruling, known as the Parker decision, effectively struck down the law that prohibits simple possession. In July 2000, that court said the possession of marijuana charge under the Controlled Drugs and Substances Act violated the rights of Terry Parker of Toronto, by preventing him from legally accessing marijuana for medicinal reasons. The court gave Parliament a year to revamp its laws. In January, an Ontario court threw out marijuana possession charges against a 16-year-old on the basis Ottawa had not yet effectively dealt with the Parker ruling by filling the legislative void. That case remains under appeal. Thompson ruled that Canadians are entitled to an even-handed approach by federal prosecutors, and until Parliament or higher courts dictate otherwise, simple possession charges will not proceed in his court. - --- MAP posted-by: Doc-Hawk