Pubdate: Thu, 12 Jun 2003
Source: Alliston Herald (CN ON)
Copyright: 2003 Metroland Printing, Publishing and Distributing
Contact:  http://www.simcoe.com/sc/alliston/
Details: http://www.mapinc.org/media/2224
Author: Jason Ballantyne
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

POT LAWS WON'T BE ENFORCED LOCALLY

Nottawasaga OPP officers are now using their discretion when it comes to 
charging people with simple possession of marijuana.

Acting on a directive from OPP Commissioner Gwen Boniface, the local 
detachment will seize the marijuana and document the case but not press 
charges for possession of 30 grams or less of marijuana, said Nottawasaga 
OPP detachment commander, Insp. Mark Allen.

"The laws concerning possession are still on the books," he quoted Boniface 
as saying.

That means the circumstances of the incident will be recorded, with a view 
to possibly laying a charge later on.

Allen said there are about 10 to 15 simple possession charges typically 
laid in a month in the detachment area which covers New Tecumseth, Essa and 
Adjala-Tosorontio.

The OPP's stance is the same as the one taken last week by the Ontario 
Association of Chiefs of Police.

Both organizations are waiting for clarification of the law by the court of 
appeal or the House of Commons.

The case in question is a May 16 decision by Mr. Justice Steven Rogin of 
the Ontario Superior Court of Justice, who upheld a lower court decision to 
quash a charge against a youth for possessing less than 30 grams of 
marijuana because the law is no longer valid.

Since then, judges across Ontario have followed Rogin's lead and thrown out 
charges against against people charged with simple possession.

With Rogin's decision being appealed to the Ontario Court of Appeal and the 
government's decision to decriminalize the possession of up to 15 grams of 
marijuana, the legal situation is murky.

Jim Leising, director of the Department of Justice's federal prosecution 
services in Ontario, said federal crown attorneys, including those in 
Simcoe County, have been given direction to adjourn or stay cases currently 
before the courts involving simple possession, pending the outcome of the 
case being heard this week.

- -- with files from the Torstar Network
- ---
MAP posted-by: Jackl