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Ontario Backs Off Pot Arrests
Pubdate: Sun, 08 Jun 2003
Source: Buffalo News (NY)
Copyright: 2003 The Buffalo News
Contact: http://www.buffalonews.com/
Details: http://www.mapinc.org/media/61
Author: Barry Brown
ONTARIO BACKS OFF POT ARRESTS
TORONTO - For the first time in nearly 100 years, a major Canadian police
force will no longer treat possession of marijuana as a criminal offense.
In a statement Friday, Toronto Police Chief Julian Fantino said recent
court decisions and a bill in Parliament to decriminalize simple possession
have left law enforcement authorities wondering "whether simple possession
of marijuana is an offense at all."
Reacting to such questions, Fantino said he has told his officers to stop
charging suspects for simple possession of the drug.
Still, pending further clarification by the courts and Parliament, Fantino
said police would continue to seize the drug and would record the names of
the potential offenders.
But Paul Copeland, a Toronto criminal lawyer, warned that plan could leave
police open to lawsuits if the courts decide that possession is legal.
Copeland said that in his opinion, "there is no law in Ontario prohibiting
possession of up to 30 grams, or a gram of hashish, for that matter."
Following Fantino's move, Tom Kaye, president of the Ontario Association of
Chiefs of Police, suggested that police across the province "use discretion
in situations that involve the simple possession of marijuana."
The police chiefs' announcements follow a May 16 ruling by the Ontario
Superior Court of Justice that the law banning marijuana possession was no
longer valid.
Upholding a lower court decision, Justice Steven Rogin said the Supreme
Court of Canada ruled in 2001 that the current law was invalid because it
provided no exemption for medical use of marijuana. The court gave Canada's
government until July 2002 to replace the law, which it failed to do.
With both the courts and some police prepared to act as if possession of
marijuana is not illegal, it would be inappropriate for any arrests to made
anywhere in Canada, said former Saskatchewan Premier Allan Blakeney,
president of the Canadian Civil Liberties Association.
Brian McAllister, a lawyer from Windsor, Ont., whose argument on behalf of
a 17-year-old charged with possession led to the appellate court ruling,
said the court's decision means the criminal ban on marijuana possession
has been "effectively erased."
In Canada, all criminal law is federal. Though the Ontario court ruling is
only effective in that province, other provincial courts often follow
Ontario's lead.
In the past several years, Canadian courts have attacked the 80-year-old
marijuana law as unconstitutional because it banned people from using it,
even for proven medical purposes.
Last month, after two Canadian government committees recommended
decriminalization of marijuana, Canadian Justice Minister Martin Cauchon
introduced a bill that would only fine people for possession of small
amounts of marijuana and hashish.
Prime Minister Jean Chretien and his Liberal Party government, which holds
a majority of seats in Parliament, back Cauchon's bill. Despite an initial
flurry of opposition, the U.S. government has eased off its criticism of
Canada's softening attitude toward pot.
Last month, U.S. drug czar John P. Walters indicated the United States was
willing to work with Canada and praised Canada's decision to increase
penalties for traffickers.
According to Statistics Canada, police in Toronto filed 6,122 charges for
possession of marijuana in 2001, the latest year for which figures are
available.
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