Pubdate: Tue, 09 Dec 2003
Source: Red Deer Advocate (CN AB)
Copyright: 2003 Red Deer Advocate
Contact:  http://www.reddeeradvocate.com/
Details: http://www.mapinc.org/media/2492
Author: Jack Wilson
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

MARIJUANA POSSESSION CASES ABANDONED

Scores of marijuana possession cases in Central Alberta have been
ordered stayed by Justice Canada.

The cases are among thousands across the country ordered stayed. The
charges were laid between July 30, 2001, and Oct. 7, 2003, Maureen
McLellan, Prairie spokeswoman for Justice Canada in Edmonton said on
Monday.

A stay means a case is held in limbo for a set period or
forever.

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

The stay follows a decision by Justice Canada not to challenge to the
Supreme Court of Canada an Oct. 7 Ontario Court of Appeal decision,
McLellan said.

That decision said that between July 30, 2001, and Oct. 6, 2003, the
law prohibiting possession of cannabis was constitutionally invalid
because it didn't contain a valid medical exemption.

It now has a medical exemption clause.

Federal Crown prosecutors in Central Alberta had been consenting to
adjournments shortly after the Oct. 6 Ontario decision.

Central Alberta federal Crown prosecutors handle cases between Camrose
and Didsbury and border to border.

Federal Crown prosecutors received a memo on Friday directing them to
stay the outstanding simple possession cases on their files.

It's business as usual for simple marijuana possession charges laid
since Oct. 7.

Cases still set for trial on charges laid before Oct. 7 will be
withdrawn.

People who pleaded guilty to simple possession between the set dates
or lost at trial don't have any recourse.
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MAP posted-by: Larry Seguin