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Cannabis Campaigners' Guide News Database result:
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Canada: Top Court Stalls Pot Challenge
ccguide Sunday 15 Dec 2002 Pubdate: Sat, 14 Dec 2002 Source: Victoria Times-Colonist (CN BC) Copyright: 2002 Times Colonist Contact: Website: http://www.canada.com/victoria/timescolonist/ Details: http://www.mapinc.org/media/481 Author: Janice Tibbetts, Southam Newspapers Note: Links to information and documents for these cases are at http://www.cannabislink.ca/legal/index.htm#legalcases Also: A video interview with Chris Clay about his case is at http://www.pot-tv.net/archive/shows/pottvshowse-1672.html Bookmarks: http://www.mapinc.org/people/David+Malmo-Levine http://www.mapinc.org/people/Chris+Clay http://www.mapinc.org/people/Victor+Caine http://www.mapinc.org/people/Martin+Cauchon http://www.mapinc.org/mjcn.htm (Cannabis - Canada) TOP COURT STALLS POT CHALLENGE OTTAWA -- The Supreme Court of Canada suddenly called off a challenge to federal marijuana laws Friday, saying Justice Minister Martin Cauchon is sending conflicting messages by stating he will decriminalize pot while his staff lawyers are trying to convince the court that toking up is dangerous. The court postponed until at least the spring a landmark appeal from three pot activists who are seeking the constitutional right to smoke marijuana. Justice Louis LeBel summed up the judges' sentiment when he said they cannot "close their eyes" to Cauchon's statements earlier this week that he plans to move ahead with legislation within the first four months of next year. "The question here is the apparent contradiction between the position taken outside the court and the position taken inside the court," added Justice Ian Binnie. The government has filed a report with the court that connects marijuana use to driving accidents, upper-airway cancer, psychiatric problems and drug addiction, among other things. "Marijuana is not a benign substance and potentially is more harmful than presently known," the Justice Department argues in a written submission. The courtroom was packed with marijuana enthusiasts when the judges adjourned for 10 minutes and returned to say they don't want to hear the case until Cauchon decides whether to follow through on decriminalization. Three pot smokers, two from British Columbia and one from Ontario, who have waited years for their day in the Supreme Court, accused Cauchon of interfering with the justice process by stating his intentions just as the court was to decide once and for all whether marijuana smoking should be against the law. David Malmo-Levine, who formed the Vancouver-based "Harm Reduction Club" for marijuana smokers, said that he wants the court to make a ruling on marijuana legality because he has little faith that Parliament will ever act. "Powerful people have a habit of promising to do something about these insane laws and nothing ever gets done," Malmo-Levine said. As the 31-year-old activist spoke to reporters, several of his supporters, frustrated that the case was halted, headed outside the building to smoke joints. Malmo-Levine, Victor Caine and Christopher Clay are challenging the federal government on constitutional grounds. Caine was convicted of possession for sharing a joint with a friend in his car while parked at a beach near Vancouver and Clay owned a store in London, Ont. which sold marijuana paraphernalia and plant seeds. - --- MAP posted-by: Alex
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