Pubdate: Wed, 05 Nov 2003
Source: Daily Herald-Tribune, The (CN AB)
Copyright: 2003 The Daily Herald-Tribune
Contact:  http://www.dailyheraldtribune.com/
Details: http://www.mapinc.org/media/804
Author: Doug Brown
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

LOOSENING UP ON POT CHARGES?

Landmark Ontario Ruling Has Prosectors Examining Options

Chill out, lawyer dude.

Federal Crown attorneys in Alberta and throughout Canada are taking a 
relaxed approach to prosecuting cases of possession of small amounts of 
marijuana until uncertainty surrounding an Ontario case is settled.

Justice Canada spokeswoman Pascale Boulay said prosecutors have been told 
to consent to adjournment requests for cases of people charged with simple 
possession.

An Ontario appeals court ruled that the law making possession of small 
amounts of weed illegal was unconstitutional because it didn't contain an 
exemption for valid medical use. The ruling means anyone caught with pot in 
Ontario between July 31, 2001 and Oct. 7, 2003, wasn't breaking the law.

Although pot possession remained illegal in the rest of Canada, Boulay said 
the Ontario decision could be used as a defence by people charged in other 
provinces during that two-year window.

"Accused outside the province of Ontario may attempt to rely on these 
decisions to challenge the charge in, for instance, Alberta."

Justice Canada has until Dec. 5 to decide if it will appeal the Ontario 
ruling. Boulay said prosecutors will continue granting the adjournments 
until then.

However, people charged with possession can still plead guilty if they 
want, said Boulay, and the Crown will proceed with a case if the accused 
insists.

"If the accused wishes to proceed, then the Crown is willing to proceed," 
she said.

Boulay refused to speculate on what it would mean for those cases if 
Justice Canada decides not to appeal the Ontario ruling, or appeals and loses.

Simple possession involves amounts of less than 30 grams of marijuana, or 
up to one gram of marijuana resin.

In Grande Prairie, the sentence for first-time simple possession offenders 
is usually a fine ranging from $100-$200, depending on the presiding judge.

Some judges, however, are giving accused the option to avoid getting a 
criminal record for pot possession. On Friday in Grande Prairie provincial 
court, Judge Albert Chrumka granted a discharge to a man on the conditions 
that he serve four months on probation and complete 15 hours of community 
service.

A bill that would decriminalize marijuana possession has been introduced by 
the federal Liberals. The legislation would make marijuana possession an 
offence similar to a speeding ticket, with a fine but no criminal record.
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MAP posted-by: Jay Bergstrom