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$40 Pot Charge Has Law in Turmoil
Pubdate: Thu, 19 Jun 2008
Source: National Post (Canada)
Copyright: 2008 Southam Inc.
Contact: http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Shannon Kari, National Post
Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada)
Bookmark: http://www.mapinc.org/people/Clifford+Long
$40 POT CHARGE HAS LAW IN TURMOIL
Rules Struck Down
The constitutional saga of Clifford Long began in September, 2005,
when he was a passenger in a car stopped by Toronto police for a
seatbelt infraction.
The officers conducted a search, allegedly found $40 worth of
marijuana and Mr. Long became one of the more than 40,000 people still
charged each year across Canada for simple possession of cannabis.
Nearly three years later, the heavily tattooed 30-year-old man
appeared bewildered at a bizarre and often comic court proceeding
yesterday in which the federal government is seeking to overturn a
ruling in his case that could change the country's marijuana
possession laws.
Ontario Superior Court Justice Eva Frank even suggested at one point
that Mr. Long may have to act as his own lawyer if he cannot convince
the provincial legal aid plan to provide funding for a lawyer.
"I don't care about this charge any more," said Mr. Long, who is
presently in custody on unrelated and more serious offences. "I don't
want to have to deal with this."
While the defendant expressed indifference, his case is significant
for the federal government. Mr. Long was acquitted in July, 2007, by
provincial court Justice Howard Borenstein, who accepted an argument
by his lawyer that the marijuana possession laws were
unconstitutional.
The judge noted that in a 2003 decision, the Ontario Court of Appeal
found that the government couldprohibit possession of marijuana if
there is a constitutionally valid exemption for people authorized to
use it for medical reasons. The Court of Appeal struck down various
federal rules, including one that permitted designated producers to
grow for no more than one medical user.
In response, the federal government re-enacted two of the medical
regulations found to be unconstitutional by the Court of Appeal,
although it will supply marijuana to medical users as a matter of
"policy" rather than law.
The government is not permitted to re-enact unconstitutional laws and
tell the public "not to worry," stated Judge Borenstein.
A Federal Court of Canada judge also found the medical marijuana
regulations to be unconstitutional in a decision issued earlier this
year that is under appeal.
While the decision of Judge Borenstein is not binding, other
provincial court judges in Ontario have been refusing to accept guilty
pleas in marijuana possession cases, federal prosecutor Lisa Csele
told Judge Frank yesterday. "It has affected the administration of
justice," she said.
The federal government quickly filed an appeal of Judge Borenstein's
ruling last summer, but Mr. Long's former lawyer is under
administrative suspension by the body that regulates the profession in
Ontario. "I have been told he no longer practises law," Mr. Long said.
A lawyer retained to represent Mr. Long on the charges that led to him
being taken into custody has not been returning his calls. "I want to
fire him," the defendant said.
Another lawyer from that firm, who began practising law last year,
arrived in court eventually to say she knew little about the case, but
would be willing to represent Mr. Long if he receives legal aid.
Judge Frank instructed Mr. Long to take more steps to try to get
funding. "The administration of justice requires that we get on with
this," she said. "There is not much I can do from jail, Your Honour,"
he responded. The government appeal is now tentatively set to be heard
on Sept. 19.
Despite his confusion, Mr. Long was amused when told during a break in
the court proceeding that his case could ultimately alter the
marijuana possession laws in Canada.
"Yeahhhhh!" he shouted, pumping both arms in the air, shortly before
the smiling court guards asked him to put his hands behind his back so
he could be handcuffed and returned to custody.
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