Source: London Free Press (Canada)
Contact:  http://www.canoe.ca/LondonFreePress/home.html
Pubdate: Fri, 19 Jun 1998
Author: Don Murray, Free Press Court Reporter

JUDGE ENDING 26-YEAR CAREER

One thing Justice John McCart didn't do is ease quietly into retirement.

In his final year as a justice of the Ontario Court, general division, in
London, the spry Sarnia native held the reins of one of the most closely
watched and talked-about trials in the country.

McCart, who reaches the mandatory retirement age of 75 on Monday, was the
man on the spot as he heard the case of Christopher Clay, a hemp store
owner challenging the drug laws in the hope of decriminalizing marijuana.

After a lengthy, heavily publicized trial, McCart delivered a 27-page
decision ruling that the laws did not violate constitutional protections
and convicted Clay of various charges, including trafficking.

MARIJUANA CASE

However, the debate rolled along over other findings by McCart, such as
that marijuana is relatively harmless, isn't addictive, doesn't lead to
harder drugs or cause criminal behavior or violence. He found that pot may
cause schizophrenia and more study is needed.

"I spent all of last summer writing that judgment," McCart said in an
interview during a farewell reception Wednesday packed with friends,
lawyers and court workers, several of whom came back from retirement.

"I only got to play golf three time," he added with a grin, aware that he
will be forever linked to that judgment, now under appeal.

The well-liked McCart was a Sarnia lawyer when he was appointed to the
bench in 1972. Ten years ago at age 65, he stepped down from full-time
status to become a supernumerary judge.

A man with a sense of humor, McCart and his wife of 44 years Janet laughed
when senior regional Justice Doug McDermid noted that the retiree is
"vertically challenged."

He may be short that way, said McDermid, "but not in stature as a judge and
as a man."

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Checked-by: (Joel W. Johnson)