Pubdate: Wed, 28 May 2003
Source: Halifax Herald (CN NS)
Copyright: 2003 The Halifax Herald Limited
Contact:  http://www.herald.ns.ca/
Details: http://www.mapinc.org/media/180
Author: Sherri Borden
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

LEGAL STATUS QUO FOR NOW

Until parliament enacts legislation decriminalizing simple possession of 
marijuana, federal prosecutors will continue to pursue cases, seeking 
adjournments wherever possible to prevent a backlog of appeals, says a 
federal Justice department spokesman.

"The crown...deals with the law as it exists now, and until we are told 
otherwise and until new changes or amendments come into 
effect...(prosecutors) have to go on current information because nobody 
knows what will happen," Glenn Chamberlain, the department's Atlantic 
region, said Tuesday.

"But under Canadian law, when a punishment or a penalty is reduced by a new 
law, a person (still before the courts) who was charged before the law came 
into effect is entitled to the benefit of change in the punishment."

Where appropriate, federal prosecutors in Nova Scotia will continue to 
refer first-time offenders to diversion programs.

Since March, Dartmouth Provincial Court Judge Flora Buchan has stayed six 
simple possession cases. The Crown will appeal those stays Nov. 25 in the 
Nova Scotia Court of Appeal.

Judge Buchan followed the lead of judges in Ontario and Prince Edward 
Island, who granted similar stays, arguing the country's marijuana laws are 
unclear.

The Crown has requested between 30 and 35 adjournments since March. A 
number of people have also pleaded guilty.

"That's not indicative of the number of arrests that are made.

There are other ways that marijuana issues are handled,' Mr. Chamberlain said.
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MAP posted-by: Jay Bergstrom