Pubdate: Mon, 24 Mar 2003
Source: Journal-Pioneer, The (CN PI)
Copyright: 2003 Journal-Pioneer
Contact: http://www.journalpioneer.com/reader_editor.cfm
Website: http://www.journalpioneer.com/
Details: http://www.mapinc.org/media/2789
Author: Lori A. Mayne

STAY OF POT POSSESSION CHARGE IN SUMMERSIDE OFFICIALLY UNDER APPEAL

The federal Crown has officially launched an appeal of a judge's decision 
to stay a possession of marijuana charge in Summerside's Provincial Court.

March 14, Judge Ralph C. Thompson stayed a simple possession of marijuana 
charge against a 19-year-old Islander, ruling it wouldn't be fair to 
prosecute him when Ontarians have immunity from the same charge.

The Crown filed its Notice of Appeal of that ruling at the P.E.I. Supreme 
Court in Summerside Friday. The case will be heard by the P.E.I. Supreme 
Court (Trial Division) at a date yet to be determined.

According to the Notice of Appeal, the Crown will ask the court to set 
aside the stay of proceedings and order the matter to continue before 
P.E.I.'s Provincial Court.

The documents describe the grounds of appeal as "that the Provincial Court 
Judge hearing this matter erred in imposing a stay of proceedings for this 
charge; and such further and other grounds as counsel may advise and this 
Honourable Court may permit."

In his decision, Judge Thompson had referred to Ontario cases. In 2000, 
that province's Court of Appeal said the possession of marijuana charge 
violated the rights of Terry Parker, by preventing him from legally 
accessing marijuana for medicinal reasons. The court gave Parliament a year 
to revamp its laws.

In his ruling, Thompson said the Parker decision effectively struck down 
the law that prohibits simple possession. And since lower Ontario courts 
are bound by that decision, it means Ontarians essentially have immunity 
from prosecution.

Jan. 2 this year, an Ontario court threw out a marijuana possession charge 
against a 16-year-old on the basis Ottawa had not yet effectively dealt 
with the Parker ruling and filled the legislative void. That case is also 
currently under appeal.

Courts in one province don't have to follow the rulings of those in other 
provinces, but they typically take them under consideration.

Drug possession laws across Canada come under the domain of the Federal 
Crown. And Judge Thompson had ruled that the law should therefore be 
applied the same across the country.

Gordon Scott Campbell of the Federal Prosecution Service was not available 
for comment on the appeal this morning.

But in a previous interview, he discussed the Crown's intention to appeal. 
He said the grounds for appeal would be that Judge Thompson's stay was an 
error in law.

Specifically, he had explained the Crown would argue the Ontario cases 
should not apply in this province.

Until the appeal runs its course, the Crown has been directed to either 
direct stays on simple marijuana possession charges in the court or (where 
the accused consents) adjourn the cases to a later date.

The Crown has already stayed several simple possession of marijuana charges 
in Summerside Provincial Court.

Those cases too could proceed depending on the outcome of the appeal. Other 
Provincial Court judges do not have to follow Thompson's ruling, Campbell 
has pointed out.

Campbell has said the Crown has taken the position cases in other 
Provincial Courts here should proceed where possible or be adjourned 
pending the appeal.
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