Pubdate: Wed, 08 Jan 2003
Source: Toronto Sun (CN ON)
Copyright: 2003, Canoe Limited Partnership.
Contact:  http://www.fyitoronto.com/torsun.shtml
Details: http://www.mapinc.org/media/457
Author: Gretchen Drummie

POT RAP CAN'T STAND, JUDGE TOLD

A Toronto lawyer will ask a judge Friday to toss out a pot possession 
charge arguing he should follow a Windsor ruling that there's no law in 
Canada barring the possession of small amounts of marijuana.

"This is the first time I'm aware that any lawyer, especially in Toronto, 
has made the motion to try and apply the Windsor ruling," lawyer Aaron 
Harnett told The Sun.

Last week Judge Douglas Phillips threw out charges against a 16-year-old 
Windsor teen agreeing with a defence argument that there are no laws in 
Canada prohibiting the possession of 30 grams of marijuana or less. The 
federal government is appealing the decision.

Harnett's client is charged with dangerous driving and possession of marijuana.

Yesterday's hearing was supposed to be to set a trial date, but Harnett 
told Justice John Moore that given the Windsor decision he didn't believe 
the judge had jurisdiction to do even that anymore.

"There's no jurisdiction to set a trial date on simple possession of 
marijuana as a result of the Windsor decision," he told court.

Outside court he said: "Why set a trial date for a matter that is not an 
offence in Ontario?"

Moore, who decided on a hearing Friday, noted the feds should have a policy 
in place to handle these cases.

Justice department spokesman Jim Leising said that "all the prosecutors 
have been told that if somebody indicates they want to rely on this same 
argument advanced in Windsor we should agree to adjourn the case until 
after the appeal is heard and judgment issued.

"There isn't a lot of sense in having a whole series of lower court 
decisions going in a lot of different directions and there isn't a lot of 
point in having a multitude of appeals."

Leising said the plan is to go in front of a judge in Windsor to schedule a 
hearing next week.
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MAP posted-by: Larry Stevens