Pubdate: Tue, 23 Sep 2003
Source: Abbotsford News (CN BC)
Copyright: 2003 Hacker Press Ltd.
Contact:  http://www.abbynews.com/
Details: http://www.mapinc.org/media/1155
Author: Cheryl Wierda
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

POT: IS IT LEGAL OR NOT NOW?

Is It Legal Or Isn't It?

A provincial court ruling that laws prohibiting possession of marijuana 
don't exist has prompted discussion over whether possession of pot is now 
legal.

"It's certainly caused a lot of confusion . . . what we really need is a 
higher court decision," said Abbotsford lawyer John Conroy, who specializes 
in marijuana law.

Two weeks ago, Judge P. Chen said "there is no offence known to law at this 
time for simple possession of marijuana" when ruling on a New Westminster 
possession of pot case.

However, Abbotsford Police chief Ian Mackenzie said "it's still illegal, 
despite judge Chen's decision."

Mackenzie notes the decision has no binding effect. However, chasing down 
possession offences doesn't rank as one of the department's top priorities, 
and police typically only recommend possession charges if a suspect, when 
arrested for other criminal offences, is found in possession of cannabis.

In Chen's decision, he cited an Ontario court of Appeal case, Regina vs. 
Parker, which ruled in 2000 that marijuana possession prohibitions were 
invalid.

The court suspended the declaration of invalidity for one year to "provide 
parliament with the opportunity to fill the void." Parliament did not take 
the opportunity.

"While I agree that I am not bound by Parker, in my view it should be 
followed unless there is a good reason not to do so," said Chen in a 
written decision. "It is, after all, a decision of the Ontario Court of 
Appeal and no decision of this province's court of Appeal has addressed the 
issue of the constitutionality of section 4's prohibition against marijuana 
on the basis of medical use."

Conroy noted the Ontario and recent B.C. cases are not binding, but are 
"highly persuasive."

The discussion over legal possession of pot is one that is also happening 
at the federal government level and in various courts, and a decision in 
either arena could settle the debate over the legality of possessing pot or 
"muddy the waters."

Conroy is currently awaiting a Supreme Court of Canada decision after a 
constitutional challenge of pot laws. The federal justice ministry is also 
considering legislation to decriminalize small amounts of marijuana.
- ---
MAP posted-by: Jay Bergstrom