Pubdate: Wed, 11 Jun 2003
Source: Halifax Herald (CN NS)
Copyright: 2003 The Halifax Herald Limited
Contact:  http://www.herald.ns.ca/
Details: http://www.mapinc.org/media/180
Author: Mike Oliveira

JUDGE PUTS MARIJUANA CASE ON FAST TRACK

Possession Charges Dropped, Trials Adjourned Pending Upcoming Appeal

The appeal of a precedent-setting marijuana acquittal should be rushed 
through the justice system so the courts can have a clear answer on the 
drug's legality, a judge ruled Tuesday.

Ontario Court of Appeal Justice Louise Charron expedited the appeal of a 
teenager's pot acquittal but refused a federal Justice Department request 
to stay the May 16 court decision.

The stay would have prevented judges in Ontario -- and perhaps judges 
across Canada -- from following a new precedent set by Superior Court 
Justice Steven Rogin.

"It wasn't the acquittal we were seeking to have stayed so much as the 
effect of Justice Rogin's order, which has been interpreted by many (to 
suggest) there is no prohibition against possessing marijuana (in 
Ontario),"said Justice Department spokesman Jim Leising.

"We were hoping a stay would clarify the situation and have the effect of 
ensuring that our view is correct, namely that there still is a prohibition 
against possessing marijuana."

But Charron said she was "baffled" by the "unprecedented" motion by the 
Crown and said she lacked the jurisdiction to block the precedent set by 
Rogin's verdict.

The teen's drug charges were thrown out of court on Jan. 2 when Ontario 
Court Justice Douglas Phillips ruled there was no legal basis to ban simple 
possession of the drug, since Ottawa failed to comply with a July 2000 
order to create a new law dealing with marijuana.

The Crown appealed but Rogin upheld the ruling, effectively taking 
marijuana laws off Ontario's books.

"Today is a clear signal that Justice Rogin's decision is, for now, the law 
of the province, which judges in trial courts have to apply," said Brian 
McAllister, the lawyer representing the Ontario teenager.

"I think a lot of judges were hesitant to throw out charges in anticipation 
of this hearing, but today's decision should certainly have an impact on 
what people do from now on."

Following Rogin's decision, judges and justices of the peace dropped 
marijuana possession charges or adjourned trials until the Crown's upcoming 
appeal could be heard. Police in Ontario also said they would not lay any 
charges for possession under 30 grams until the legal situation could be 
clarified.

Leising said today's motion and the Crown appeal are less about going after 
pot users and more about clarifying the courts' take on the law.

"Our worry is that there is going to continue to be inconsistency, which is 
always an undesirable thing," he said. "What we've seen is that a judge 
sitting in one courtroom will adjourn or allow (marijuana possession) cases 
to be stayed, while judges across the hall will refuse to do anything . . . 
and essentially have them thrown out."

But McAllistor said granting a stay would have "created a more chaotic 
situation" and further complicate all the case law involving marijuana.

"This is sort of part and parcel of the Crown's strategy, putting arguments 
before the court that are absolutely unprecedented and I think (Charron) 
saw that quite clearly."

No appeal date for the teenager's acquittal has been set but late July is 
the target to have a panel of judges assembled and begin the proceedings.

The teenager is not being named under provisions of the Youth Criminal 
Justice Act.

Rogin's verdict came about two weeks before the Liberal government 
announced it was moving to eliminate criminal penalties for simple 
possession of marijuana, hoping to have the legislation passed by the end 
of the year.

Under the proposed new laws introduced by Justice Minister Martin Cauchon, 
possession of up to 15 grams of pot -- enough to roll about 15 or 20 joints 
- -- would be a minor offence that carries no criminal record.

Violators would be ticketed and ordered to pay fines ranging from $100 to 
$250 for youths and from $150 to $400 for adults.
- ---
MAP posted-by: Larry Stevens