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Cannabis Campaigners' Guide News Database result:
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CN ON: Court Hears Marijuana Case
ccguide Wednesday 19 Mar 2003 Pubdate: Sun, 16 Mar 2003 Source: Windsor Star (CN ON) Copyright: The Windsor Star 2003 Contact: Website: http://www.canada.com/windsor/ Details: http://www.mapinc.org/media/501 Author: Ellen van Wageningen, Justice Reporter, Windsor Star COURT HEARS MARIJUANA CASE Justice Rogin's Ruling to Govern Ontario's Lower Courts; Arguments Resume March 11 A Windsor lower court judge was wrong to conclude the law banning marijuana possession is invalid in Ontario, government lawyers argued Friday. "The marijuana prohibition in Canada is in full force and effect," federal lawyer Peter Defreitas said. The government lawyers made their case to Superior Court Justice Steven Rogin, whose decision will govern all Ontario lower court judges. Hundreds of marijuana cases across the province have been put on hold awaiting Rogin's ruling, which won't come until after March 11 when the hearing resumes. It is one of several recent court cases that have thrown the state of Canada's marijuana laws into question. "I think politically there's also some ramifications here because the government's really taking body blow after body blow in court," said Brian McAllister, the Windsor lawyer responsible for initiating the case. He convinced Ontario Court Justice Douglas Phillips to quash a charge against 16- year-old Kingville youth for possessing fewer than 30 grams of marijuana. New Law Needed, Court Ruled Phillips accepted McAllister's argument that the government needed to pass a new law prohibiting marijuana possession after the current one was struck down by the Ontario Court of Appeal two years ago. The appeal court ruled in favor of severe epileptic Terry Parker, of Toronto, saying the law violated the constitutional rights of sick people who use marijuana for medical reasons. It gave the government until July 31 2001 to remedy the situation or the law would be invalid. The government responded by passing the Marijuana Medical Access Regulations, which were recently found to be unconstitutional by a Toronto judge in another case involving Parker. That judge said the problem is there is no legal supply of marijuana for sick people. The government is appealing the decision. Parker, 47, was in court in Windsor on Friday observing and taking notes. The one key player not present was McAllister's 16-year-old client who wasn't required to be there. McAllister was backed by the Criminal Lawyers Association of Ontario. The association wants the government to know it can't ignore court decisions, said Paul Burstein, a Toronto lawyer involved in two constitutional challenges to the marijuana laws. "They can't just ignore (the appeal court ruling) with impunity and say: We don't care. We'll just fix it up at some later point," he said. But DeFreitas and fellow federal lawyer Rick Visca argued the government did listen to the court. Passing the MMAR was adequate and it wasn't necessary to re-enact the prohibition on possessing marijuana," DeFreitas said. - --- MAP posted-by: Alex
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