Pubdate: Wed, 16 Apr 2003
Source: Moose Jaw Times-Herald (CN SN)
Copyright: 2003 The Moose Jaw Times-Herald Group Inc.
Contact:  http://www.mjtimes.sk.ca/
Details: http://www.mapinc.org/media/2154
Note: no email LTEs accepted: use fax or mail
Author: Corey Atkinson
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

JUDGE RULES MEN CAN BE TRIED FOR MARIJUANA POSSESSION

A Moose Jaw provincial court judge has ruled that prosecution of marijuana 
possession laws can proceed against three men.

Merv Shaw of the Legal Aid Commission challenged possession laws under the 
Charter of Rights and Freedoms, citing recent decisions in the Ontario 
Court of Appeal, and courts in Quebec and P.E.I. Shaw asked that all 
marijuana possession charges be given a judicial stay.

But Judge David Orr, in the first challenge of marijuana possession laws 
reported in Saskatchewan, ruled he couldn't do it.

Since there was no "evidentiary foundation" presented to him with regard to 
Shaw's clients, and Orr declined to take judicial notice of the cases that 
were presented as part of the argument, Orr ruled there was no evidence to 
make findings of fact that were necessary to follow one of the cases.

"The only alternative would seem to be the (to me) unpalatable one of 
ignoring the normal rules of criminal law because of the allegedly 
overriding importance of the controversy surrounding the marijuana 
possession laws," Orr ruled. But under any "normal legal rules" Orr knew, 
it was impermissible to adopt findings of fact from the case that was in 
the Ontario Supreme Court.

"Based upon the specific arguments raised, and as of this moment, I rule 
that the marijuana possession laws are fully in force in Saskatchewan," Orr 
ruled. "The prosecutions of the three accused persons in this matter will 
proceed."

After reading the ruling, Shaw said he was "disappointed" with the decision.

"It seems to me that the application of the Criminal Code of Canada 
shouldn't be a lottery, where you win in some provinces and lose in 
others," said Shaw.

He adjourned all of his clients' matters until April 22.

Cpl. Brent Mackie of the criminal investigations section of the Moose Jaw 
Police Service agrees with Orr's ruling.

"I think it's the right decision as far as the police outlook on it," said 
Mackie. "I think we're happy about it."
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MAP posted-by: Jackl