Pubdate: Sat, 17 May 2003
Source: Ottawa Citizen (CN ON)
Copyright: 2003 The Ottawa Citizen
Contact:  http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Ellen van Wageningen

MARIJUANA POSSESSION LAW 'ERASED'

WINDSOR -- Possessing less than 30 grams of marijuana is no longer against 
the law in Ontario, a Windsor judge says in a ruling released yesterday 
that compounds the chaos over Canada's pot laws.

Superior Court Justice Steven Rogin's decision has "effectively erased the 
criminal prohibition on marijuana possession from the law books in 
Ontario," said Brian McAllister, the Windsor lawyer who challenged the law 
on behalf of a 17-year-old client.

Judge Rogin's decision is almost certainly to be followed by judges of 
Ontario's lower court, where nearly all marijuana possession cases are decided.

"This decision is also likely to have significant repercussions on the 
viability of marijuana prosecutions across the country," Mr. McAllister said.

Hundreds of marijuana possession cases in Ontario have been put on hold 
pending Judge Rogin's ruling and the outcome of other cases currently 
before the Supreme Court of Canada.

That shouldn't change until the Ontario Court of Appeal reviews Judge 
Rogin's decision, said Jim Leising, the Justice Department official 
responsible for drug prosecutions in Ontario.

"We certainly continue to maintain that possession of marijuana is 
prohibited by the Controlled Drugs and Substances Act, and we'll be moving 
quite quickly to appeal this judgment," he said.

Mr. McAllister said police in Ontario should note Judge Rogin's judgment 
and stop laying charges for marijuana possession.

"Otherwise, the police will be arresting people for an activity which is no 
longer outlawed," he said.

Judge Rogin upheld Ontario Court Justice Douglas Phillip's decision to 
quash a charge against a Kingsville youth for possessing less than 30 grams 
of marijuana because the law is no longer valid.

The government needed to pass a new law prohibiting marijuana possession 
after the current one was struck down by the Ontario Court of Appeal two 
years ago, Judge Rogin agreed.

The appeal court ruled in favour of severe epileptic Terry Parker, of 
Toronto, saying the law violated the constitutional rights of sick people 
who used marijuana for medical reasons. It gave the government until July 
31, 2001, to remedy the situation or the law would be invalid.

The government responded by passing the Marijuana Medical Access 
Regulations, which were found to be unconstitutional by a Toronto judge in 
another case involving Mr. Parker. That judge said the problem is there is 
no legal supply of marijuana for sick people.

Meanwhile, the federal government is attempting to get new legislation 
dealing with marijuana before Parliament by the end of the month.

It is proposing to make possessing 15 grams or less of marijuana a 
non-criminal offence for which people could be fined as little as $100. The 
relaxing of the pot possession laws would be accompanied by stiffer 
penalties for drug traffickers and marijuana growers, as well as drug use 
prevention, education and treatment strategies.
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