Pubdate: Thu, 02 Jan 2003
Source: Canadian Press (Canada Wire)
Copyright: 2003 The Canadian Press (CP)
Author: Canadian Press
Bookmarks: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)
http://www.mapinc.org/people/Terry+Parker (Terry Parker)

POT CHARGE REJECTED IN POTENTIAL LANDMARK CASE

WINDSOR, Ont. -- An Ontario Court judge threw out a marijuana charge
against a 16-year-old boy Thursday in a decision lawyers say could
soon spell the end of Canada's prohibition on possessing small amounts
of pot.

Justice Douglas Phillips dropped the charge after lawyer Brian
McAllister argued in court that there is effectively no law in Canada
prohibiting the possession of 30 grams of marijuana or less.

McAllister warned that even though the ruling could be
precedent-setting, anyone possessing small amounts of marijuana could
still be charged.

"I doubt police will stop charging people for the moment," said
McAllister.

McAllister had brought forward an application to have the charge
dropped on the grounds that Ottawa has not yet adequately dealt with a
ruling two years ago from the Ontario Court of Appeal.

In that landmark decision, the appeals court sided with marijuana user
Terry Parker, who argued that the law violated the rights of sick
people using the drug for medical reasons. Parker, an epileptic, said
he needs marijuana to control his seizures.

As a direct result of that ruling -- and Ottawa's failure to
adequately address it -- the federal Controlled Drugs and Substances
Act no longer prohibits marijuana possession, McAllister argued.

The federal government's response to the Parker ruling was its
now-infamous Marijuana Medical Access Regulations, which are supposed
to allow marijuana use for medical reasons under certain
circumstances.

Those regulations are currently the subject of a separate
constitutional challenge by a group of marijuana users who say they
don't adequately meet the needs of seriously ill people who need pot
for treatment.

Joseph Neuberger, one of several lawyers involved with that challenge,
said Thursday's decision could be the beginning of the end of the laws
that make simple possession illegal in Canada.

"Because of the Parker decision, the government had to put in place a
regime that allowed proper access for those who needed it for medical
purposes," Neuberger said.

"The argument is the government never complied with that order ...that
for simple possession, there really was no law."

In the case of the Windsor-area teen -- who can't be named because
he's a minor -- federal drug prosecutor Ed Posliff argued that it was
a crime to possess marijuana if it wasn't authorized for use for
medical reasons.

McAllister argued, however, that the Ontario Court ruling made the
entire law invalid because the federal law wasn't changed properly.

"Parliament didn't fix the problem in the right way," McAllister said
Thursday. "They did it by way of regulations and the Court of Appeal
(was) required to address the issues with some legislation."

McAllister noted that even though the possession charge involving the
youth has been challenged, it's still illegal to traffic and grow marijuana. 
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