Pubdate: Tue, 10 Jun 2003 Source: Recorder & Times, The (CN ON) Copyright: 2003 Recorder and Times Contact: http://www.recorder.ca/ Details: http://www.mapinc.org/media/2216 Author: Megan Gillis CITY POLICE WON'T LAY POT CHARGES, CHIEF SAYS No one will be charged with possession of a small amount of marijuana in Brockville until the courts clear up confusion around the province's pot laws, Police Chief Barry King said Monday. He called on the federal government to act immediately on the "urgent" matter. King announced Monday police will simply document their investigation of cases of possession of less than 30 grams - about an ounce - of pot. They won't seize the drugs, make an arrest or lay a charge. The chief has sought legal advice and concluded city police have no other option but to "grit their teeth" and wait for the courts. To do otherwise would invite public complaints and civil lawsuits but the chief fears the consequences of doing nothing are serious, too. "I'm afraid young people on the fence will try it - because nothing will happen to them," he said. "(The federal government) had a year to clarify it - they didn't do it. It's null and void right now." The chief hopes Brockville won't see the blatant behaviour that's appeared elsewhere - such as pot users blowing smoke in police officers' faces, confident they won't face charges. "I hope it doesn't happen here - it's been happening in other cities," King said. "It's not an offence." Police will be taking names when they discover pot but King believes that people caught now likely won't face charges later on, although that will have to be confirmed by federal prosecutors. Police forces across Ontario have been pondering a Windsor judge's May 16 ruling that possession of less than 30 grams of marijuana is no longer a crime in Ontario. Lawyers from the federal Department of Justice will seek a stay as early as today. If they're successful, it will be business as usual for city police. If not, pot charges will be on hold until the Ontario Court of Appeal rules. "As a chief of police, parent and grandparent, I am very concerned over this regrettable void which has developed," King said. "This is a matter of national significance affecting public safety and public confidence in the justice system." King, the chairman of the Canadian Centre on Substance Abuse, supports the proposal to make possession of small quantities of pot punishable by a fine, not a criminal sanction. He has argued for more money for prevention, training to help police detect drivers whose ability to operate a vehicle may be impaired by drugs and for discretion to charge people with small quantities in some circumstances, such as on-duty emergency services workers. But the problem won't be cleared up by proposed legislation that would punish possession of small quantities of marijuana - less than 15 grams - with a ticket instead of a criminal record, King said. Debate over reforming the nation's drug laws had already created confusion, now compounded by the Windsor judge's decision. Across Ontario, police are declining to lay charges. In court, simple possession charges are being delayed or thrown out outright. "I am concerned that in the interim, this situation is undermining public confidence in the integrity of the criminal justice system and most certainly sending confusing and conflicting messages to our citizens, in particular our youth," King said. - --- MAP posted-by: Alex