Pubdate: Wed, 15 Oct 2003
Source: Peterborough This Week (CN ON)
Copyright: 2003 Peterborough This Week
Contact:  http://www.peterboroughthisweek.com/
Details: http://www.mapinc.org/media/1794
Author: Lance Anderson

COURT RULING APPEAL SEES POT POSSESSION ARRESTS AGAIN MADE

Peterborough city police and Peterborough County OPP won't be turning a 
blind eye to minor pot possession charges any longer following a recent 
Ontario Court of Appeal decision.

Since early July, police haven't been charging people found in possession 
of small amounts of marijuana. Sergeant Rob Hotston says they stopped doing 
so because of a court ruling that determined possession charges are 
unconstitutional.

"There was no point laying charges if the courts were not going to pursue 
it," he adds.

But on Oct. 7, a decision of the Court of Appeal was released, making the 
charges constitutional and forcing police throughout the province to resort 
to past pot possession tactics.

Sgt. Hotston and OPP Staff Sergeant Gary Collins says officers will again 
make arrests.

"If they are found in possession of marijuana for a purpose other than 
medical use, charges can be laid. The amount (of pot found) doesn't 
matter," adds Sgt. Hotston.

Staff Sgt. Collins says OPP officers will "follow the letter of the law."

"We will go back to the way it was," he adds.

Even though police stopped issuing possession charges last July, they still 
seized the drugs. Sgt. Hotston said at the time the names of individuals 
found in possession were going to be recorded and dealt with when the law 
changed. Now that the law has changed, he isn't sure if names were indeed 
recorded and doesn't know if they will be prosecuted.

"Whether or not charges are laid from (incidents) over the summer is up to 
the federal prosecution," says Sgt. Hotston.

He adds enforcing simple pot possession charges is now once again part of 
an officer's job.

"A criminal offence is a criminal offence and officers are obligated to 
uphold the law.

"What happens after is up to the courts to decide."
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MAP posted-by: Beth Wehrman