|
Cannabis Campaigners' Guide News Database result:
|
|
CN ON: Judge Backs Fast Appeal to Clarify Pot Ruling
ccguide Saturday 14 Jun 2003 Pubdate: Wed, 11 Jun 2003 Source: London Free Press (CN ON) Copyright: 2003 The London Free Press a division of Sun Media Corporation. Contact: Website: http://www.fyilondon.com/londonfreepress/ Details: http://www.mapinc.org/media/243 Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) JUDGE BACKS FAST APPEAL TO CLARIFY POT RULING TORONTO (CP) -- The appeal of a precedent-setting marijuana acquittal should be rushed through the justice system so the courts can have a clear answer on the drug's legality, a judge ruled yesterday. Ontario Court of Appeal Justice Louise Charron expedited the appeal of a teenager's pot acquittal but refused a federal justice department request to stay the May 16 court decision. The stay would have prevented judges in Ontario -- and perhaps across Canada -- from following a new precedent set by Superior Court Justice Steven Rogin. "It wasn't the acquittal we were seeking to have stayed so much as the effect of Justice Rogin's order, which has been interpreted by many (that) there is no prohibition against possessing marijuana (in Ontario)," said Justice Department spokesperson Jim Leising. "We were hoping a stay would clarify the situation and have the effect of ensuring that our view is correct, namely that there still is a prohibition against possessing marijuana." But Charron said she was "baffled" by the "unprecedented" motion by the Crown and said she lacked the jurisdiction to block the precedent set by Rogin's verdict. The teen's drug charges were thrown out of court on Jan. 2 when Ontario Court Justice Douglas Phillips ruled there was no legal basis to ban simple possession of the drug, since Ottawa failed to comply with a July 2000 order to create a new law dealing with marijuana. The Crown appealed but Rogin upheld the ruling, effectively taking marijuana laws off Ontario's books. "Today is a clear signal that Justice Rogin's decision is, for now, the law of the province, which judges in trial courts have to apply," said Brian McAllister, the lawyer representing the Ontario teenager. "I think a lot of judges were hesitant to throw out charges in anticipation of this hearing, but today's decision should certainly have an impact on what people do from now on." Following Rogin's decision, judges and justices of the peace dropped marijuana possession charges or adjourned trials until the Crown's upcoming appeal could be heard. Police in Ontario also said they would not lay any charges for possession under 30 grams until the legal situation could be clarified. Leising said yesterday's motion and the Crown appeal are less about going after pot users and more about clarifying the courts' take on the law. - --- MAP posted-by: Jackl
After you have finished reading this article you can click here to go back.
|
This page was created by the Cannabis Campaigners' Guide.
Feel free to link to this page!