Pubdate: Thu, 25 Sep 2003
Source: Westender (Vancouver, CN BC)
Copyright: 2003 WestEnder
Contact:  http://www.westender.com/
Details: http://www.mapinc.org/media/1243
Author: Brian Peterson

ANOTHER BABY STEP TOWARD DECRIMINALIZING POT

No Thanks to Our Gutless Politicians

Last week was a dizzying one for B.C. potheads, civil libertarians and
law enforcement officials alike as the shit hit the fan from B.C.
Provincial Judge Patrick Chen's Sept. 4 ruling in the Crown's case
against Kurtis Lee Masse for marijuana possession.

Masse's lawyer, Troy Anderson, argued that the charge should be
quashed because it does not name an offence known to law in BC, and
Judge Chen agreed.

In Chen's view, "Section 4 of the Controlled Drugs and Substances Act,
as it applies to marijuana, ceased to be valid legislation after July
31, 2001." He was referring to the expiry of the one-year grace period
set by the Ontario court to provide Parliament with the opportunity to
fill the legal void after finding epileptic Terry Parker medically
exempt from charges of cultivation and possession.

Since the decision was never appealed and no new legislation enacted,
Chen reasoned that the law "ceased to exist and could not exist again
unless re-enacted."

Though not binding, Judge Chen's 29-page ruling was certainly
influential once it was discovered. Marijuana Party headquarters began
flying a banner proclaiming marijuana legal in B.C. American drug
nazis grumbled that they'd have to search every vehicle crossing the
border, inspiring a nation of yawns. Vancouver Police Constable Sarah
Bloor, either suffering from a rush of blood to the temples or a
determination to unnecessarily clog up the courts with charges
destined to be thrown out, stated: "As far as law enforcement is
concerned, it is still considered to be an illegal substance and
officers can still proceed with requests to counsel for charges if
they feel it's necessary." And B.C. Soliciter General Rich Coleman
promised to appeal the decision to the B.C. Supreme Court.

Confident a higher court would agree with Chen's learned opinion,
Marijuana Party spokessmoker Marc Emery and some of the usual suspects
were inspired to graphically put the lie to the bluster and smoke
their way through a 15-gram, foot-long chonger outside the main
Vancouver police station at 4:20 p.m. last Thursday. Officers strolled
in and out, occasionally bristling at the fumes, but denying Emery the
opportunity to celebrate the full implications of Chen's ruling, which
makes B.C.the fourth province, along with Ontario, Prince Edward
Island and Nova Scotia to strike down the possession law.

Emery promised to be in Ottawa on Sept. 25, where he hopes to amass
1,000 people on the steps of Parliament to plead with the government
not to pass any new legislation that recriminalizes possession-in
particular, the proposed hundred-dollar-fine legislation that pleased
no one when the Liberals dropped it on Parliament before bailing for
the summer a week early.

It's a roundabout, baby-step route to decriminalization through the
courts. But it might just get us there eventually. No thanks to a lot
of gutless politicians. 
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MAP posted-by: Richard Lake