Pubdate: Tue, 10 Jun 2003 Source: Canadian Press (Canada Wire) Copyright: 2003 The Canadian Press (CP) Bookmarks: http://www.mapinc.org/topics/Rogin http://www.mapinc.org/mjcn.htm (Cannabis - Canada) ROGIN STAY DENIED Appeal of a Teen's Pot Acquittal Should Be Rushed Through Courts, Judge Rules TORONTO (CP) - The appeal of a precedent-setting marijuana acquittal should be rushed through the justice system so the courts can have a clear answer on the drug's legality, a judge said Tuesday. An Ontario teenager's pot possession charges were thrown out of court on Jan. 2 when a judge ruled there was no legal basis to ban simple possession of the drug, since Ottawa failed to comply with a July 2000 order to create a new law dealing with marijuana. The ruling was appealed but on May 16, Superior Court Justice Steven Rogin upheld the decision. The lawyer who challenged the law on behalf of his 17-year-old client said at the time the ruling "effectively erased the criminal prohibition on marijuana possession from the law books in Ontario." On Tuesday, the federal Justice Department sought to stay the precedent-setting decision until another appeal could be heard but Justice Louise Charron denied the motion. She did, however, order an expedited appeal of the case to ensure that Canada's cluttered marijuana laws can be clarified. Attorneys were aiming for late July to assemble a panel of judges and begin the appeal. Since Rogin's decision, judges and justices of the peace have been dismissing or adjourning cases involving small amounts of marijuana. Police officials in Ontario have said they will not lay any charges for possession under 30 grams until the legal situation can be clarified. Rogin's decision came about two weeks before the Liberal government announced it was moving to eliminate criminal penalties for simple possession of marijuana, hoping to have the legislation passed by the end of the year. - --- MAP posted-by: Richard Lake