Pubdate: Fri, 06 Jun 2003
Source: Globe and Mail (Canada)
Page: A6
Copyright: 2003, The Globe and Mail Company
Contact:  http://www.globeandmail.ca/
Details: http://www.mapinc.org/media/168
Contact:  http://www.globeandmail.ca/
Author: Colin Freeze, Crime Reporter, with reports from Dawn Walton and 
Graeme Smith
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

ONTARIO POLICE ARE IN A FOG OVER POT LAWS

Chiefs Tell Officers Not To Charge Anyone Found In Possession Of Less Than 
30 Grams

The marijuana-possession law is such a befuddling mess that Ontario police 
chiefs threw up their hands yesterday and told their officers to cease 
charging anyone with the country's most common drug offence.

In statements that at times read as if they were dictated through gritted 
teeth, the province's police chiefs called upon the federal government to 
get its act together and quickly clarify whether possessing less than 30 
grams of marijuana remains a Criminal Code offence.

"While the federal government has been unduly preoccupied with the 
introduction of legislation to decriminalize the simple possession of 
marijuana, police officers in Ontario are currently in a position of 
uncertainty with regard to whether simple possession of marijuana is an 
offence at all," said Toronto Police Chief Julian Fantino in a statement.

Representatives of the Ontario Association of Chiefs of Police said they 
were similarly baffled, and stated that it is not in the interest of public 
safety to provide "safe havens" from prosecution for simple possession of 
marijuana.

Marijuana advocates say the reality of the law is as cut and dried as the 
product -- a series of recent court decisions has effectively obliterated 
marijuana-possession laws in Ontario. Judges no longer convict anyone of 
the offence. Thus, possessing small amounts of pot is legal.

But senior Justice Department officials called this state of affairs 
"highly undesirable." They are seeking to appeal recent rulings and 
reinstate the prohibition.

The federal government has introduced a bill that would replace the 
criminal charge with fines. But the legislation has yet to pass Parliament, 
and it may not do so soon.

Amid the legal confusion, the best interim measure Ontario police chiefs 
can come up with is to tell their officers to use their judgment. The 
chiefs said that officers should confiscate small amounts of pot and 
document such seizures in case the offence becomes clearly illegal again 
and charges can be laid.

Robin Ellins, owner of the Friendly Stranger marijuana-paraphernalia store 
in downtown Toronto, called that policy "ludicrous."

"It's kind of hypocritical. You either don't deal with it or you do deal 
with it."

In interviews, defence lawyers suggested yesterday that there is no longer 
any basis in Ontario law for police to seize small amounts of pot, and 
added the people might consider suing officers who do so.

Although 11 million Ontarians live in a climate of de facto legalization, 
the situation could be reversed by the courts at any moment, and what could 
happen outside the province could depend on where you live.

For example, Vancouver police said that the simple marijuana-possession law 
has become such a low priority it has almost ceased to exist. Yet, 
representatives of the RCMP and municipal police forces -- including those 
of Winnipeg, Halifax, Montreal, Calgary and Saskatoon -- said yesterday 
that as far as they know, the law is on the books and they will enforce it.

Some police chiefs expressed sympathy for the plight of their Ontario 
colleagues. "I don't blame them," said Calgary Police Chief Jack Beaton.

"It's their courts, and I would be saying the same thing if this was our 
court rulings here in Alberta."
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MAP posted-by: Terry Liittschwager