Pubdate: Fri, 17 Oct 2003 Source: Fort McMurray Today (CN AB) Copyright: 2003 Fort McMurray Today Contact: http://www.bowesnet.com/today/ Details: http://www.mapinc.org/media/1012 Author: Timothy Schafer Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) POT LAWS STILL ENFORCED Charges of small amounts of possession of cannabis proceeded as constitutionally valid in Alberta provincial court in Fort McMurray this week, in light of an Ontario Court of Appeal decision reinstating the nation's marijuana law last week. In all, five people were found guilty of possession of a controlled substance (marijuana): Sarah Lynn Viel, Andreas Yvonne Olson, Todd William Nixon, Wade Huppie and Marvin Dwayne Hodder. The quintet was sentenced under the previous ruling, in which Ottawa appealed a lower court ruling that found Health Canada's Marijuana Medical Access Regulations were unconstitutional. They were all given $125 fines, plus a victims' surcharges of $18.75 and a criminal record. The Ontario Court of Appeal reinstated the law banning the possession of small amounts of cannabis for recreational use on Oct. 7, making it easier for medical marijuana users to safely get a good supply of the drug. The new ruling could pave the way for a change to simple possession laws (under 30 grams) across Canada - Prince Edward Island has already adopted the Ontario decision. But a change likely won't occur to prosecution in northeastern Alberta, said a spokesperson with the Department of Justice in Ottawa this morning. "Ontario's decision deals only with Ontario," said Patrick Charette. "Across the country the law remains the law. As far as prosecution goes, it is up to individual prosecutors to assess it on a case-by-case basis and determine what the prospect of conviction is, and whether it would be in the public's interest to prosecute." This means the simple possession law is still valid and should be enforced, Charette explained. Simple possession remains a hybrid conviction, with the amount of 30 grams the dividing line between it becoming a summary or an indictable offence. Some confusion is still there, however, because different areas of the country deal with marijuana possession in their own way, said Charette. Some police officers are instructed to let offenders go while in other areas prosecution goes ahead. "From an Alberta point of view, the law is still valid and you can't legally possess marijuana," he said, adding that a fine and a criminal record will be given those who are convicted. In January, a judge declared the law against simple possession didn't exist in Ontario because a previous court of appeal ruling said the possession law would be invalid by July 2001, if the government didn't create a constitutionally-sound exemption. The government did not do this. The Ontario judge acquitted a young person who was charged with possession of marijuana, saying the law didn't exist. The government's proposed bill would decriminalize marijuana possession for users caught with less than 15 grams, but instead fine them $100 to $400. Conversely, there would be an array of penalties to counter an escalation in marijuana grow houses run by organized crime, with the maximum sentence being doubled to 14 years. A minimum mandatory sentence for people convicted of running marijuana growing operations is just one of the amendments being considered to federal marijuana legislation by federal Justice Minister Martin Cauchon. Sentences currently run from six months to up to one year for the most serious offenders. The amount of pot that would escape criminal charges may be also be lowered to 10 grams from the proposed 15 grams with criminal sanctions instead of fines being levied on repeat offenders. The federal government has given the bill to a special committee to hold public hearings on the legislation before writing a report for Parliament, expected later this year. - --- MAP posted-by: Josh