Pubdate: Fri, 20 Jun 2003
Source: Sudbury Star (CN ON)
Copyright: 2003 The Sudbury Star
Contact:  http://www.thesudburystar.com
Details: http://www.mapinc.org/media/608
Author: Rob O'Flanagan

CITY POLICE FOLLOW POT RULING

For Now, At Least, No Charges For Simple Possession Are Being Laid

Local News - Greater Sudbury Police are following recent court rulings in 
Ontario and are using discretion when it comes to possession of small 
amounts of the drug.

In most cases, according to an police official, charges aren't being laid 
for simple possession.

The federal government is on course to decriminalize pot possession, but 
until new laws are passed, Ontario cops will follow recent Ontario court 
decisions, said Staff Sgt. Todd Zimmerman of the criminal investigation 
division.

Two decisions this year found that there are no laws forbidding the 
possession of small amounts of marijuana and cases against those charged 
with simple possession were thrown out.

"In Ontario it is no longer an offense for simple possession," said 
Zimmerman. "Recent court decisions in Ontario are being appealed, but until 
they are, simple possession is not an offense and police officers aren't 
laying charges for it."

But Zimmerman said it is up to investigating officers to determine if other 
criminal activity is linked to an incident of possession.

Trafficking or cultivating pot is a criminal offence and if evidence shows 
that someone in possession of the drug is engaging in these activities, 
charges will be laid.

"There is no black-and-white answer to the issue, but if there is no 
evidence of cultivation or dealing, then the chances are you are not going 
to be charged," he said.

Canada's confusing marijuana laws are made even more confusing by the fact 
that federal legislation and provincial rulings are often at odds.

Simple possession remains a criminal offence federally, but if a provincial 
judge rules that existing laws are unconstitutional, non-existent or 
unnecessary, that judge's ruling becomes a precedent and is treated as law.

That is, until such time as the Crown appeals the decision in the Supreme 
Court. "There may be one law for the whole country, but when a (provincial) 
judge makes a decision, it is binding for the province it was made in," 
Zimmerman said.

"We don't make the law; we are obligated to enforce the law."

In January, Windsor Justice Douglas Phillips dismissed two drug charges 
against a 16-year-old youth. In his ruling, he said parliament had failed 
to address problems with Canada's marijuana laws.

On May 16, Justice Steven Rogin of the Ontario Superior Court of Justice 
upheld Phillips' decision.

The decision effectively made existing federal laws governing simple 
possession invalid.

The feds tabled legislation earlier this month that would decriminalize 
possession, but still make it against the law and punishable with a fine 
rather than a criminal conviction.
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MAP posted-by: Larry Stevens