Pubdate: Tue, 01 Aug 2000 Source: Ottawa Sun (CN ON) Copyright: 2000, Canoe Limited Partnership. Contact: http://www.canoe.ca/OttawaSun/ Forum: http://www.canoe.ca/Chat/home.html Author: Sam Pazzano, Sun News SMOKERS' POT LUCK TORONTO -- Parliament has a year to amend its marijuana laws or else Ontarians will be able to possess pot legally, Ontario's highest court ruled yesterday. In a unanimous judgment by Justices Marvin Catzman, Louise Charron and Marc Rosenberg, the Court of Appeal declared the prohibition on the marijuana possession in the Controlled Drugs and Substances Act (CDSA) of no force and unconstitutional. The landmark Court of Appeal judgment upheld a lower court judge's decision to stay charges against Toronto epileptic Terry Parker. The 44-year-old, who smoked pot to reduce the number of dangerous seizures, was busted in 1996 and 1997 for possession. Rosenberg wrote that Parker needs grass to control the symptoms of his epilepsy and also that the prohibition on his cultivation and possession was unconstitutional. "Forcing Parker to choose between his health and imprisonment violates his right to liberty and security of person," wrote Rosenberg. Parker's lawyers, Aaron Harnett and Richard Macklin, hailed the decision as an "enormous victory for Parker" and the estimated 150,000 medicinal-marijuana users in the province. The Ontario court decision was met with praise from Ottawa-area advocates of medicinal marijuana use. "There has to be some serious changes," said Ron Whalen, spokesman for the Compassionate Use of Medicinal Marijuana Club. A police official, however, said "It's business as usual for us. (The law) is still there, written in stone." - --- MAP posted-by: Don Beck