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Judge Rules Marijuana Laws Unconstitutional

Canadian Press Wire

Wednesday 10 Dec 1997

TORONTO (CP) _ An Ontario judge ruled today that part of Canada's
marijuana law is unconstitutional.

Judge Patrick Sheppard ruled that certain sections of the Controlled
Drug and Substances Act are unconstitutional in cases where marijuana
is used for medically-approved purposes.

Sheppard stayed charges of cultivation and possession of marijuana
against 42 year-old Terry

Parker, an epileptic who was charged in July 1996

But Sheppard convicted Parker of trafficking marijuana.

The judge ordered police to return 71 pot plants seized from Parker,
who argued he needs marijuana to control epileptic seizures.

Sheppard said Parker's illness is best controlled with a combination of
prescribed medication and smoking marijuana. Depriving Parker of
marijuana is unconstitutional, he ruled.

Extensions should be made to the law for people who use marijuana for
medically-approved purposes he said.

The Crown wants the ruling to apply to Parker alone.

Parker won a landmark ruling 10 years ago when he was acquitted of a
possession charge. The acquittal was upheld by the Ontario Court of
Appeal a year later.

 

 

 

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