T
The420Guy
Guest
Marijuana advocates across Canada are celebrating a May 16 Ontario court
decision, which effectively legalized possession in Canada's largest
province.
On Friday, May 16, Ontario Summary Conviction Appeal Court Justice Steve
Rogin upheld the lower court ruling of Justice Philips, concerning a case of
pot possession in Ontario.
Justice Rogin agreed that the federal government had failed in its obligation
to change the law to allow for medical use of marijuana, and so the entire
law was void.
This decision is binding on Ontario's lower courts, which means that no-one
can be convicted of pot possession in Ontario. This effectively means that
marijuana is now legal in Canada's largest province.
It is expected that other Appeal courts across Canada will also ratify the
decision. Related cases are making their way through the courts in at least
four other provinces.
The federal government has appealed the case to Ontario's Court of Appeal.
The next step would be to Ontario's Supreme Court.
The "decrim" legislation being contemplated by Canada's Liberal government
will presumably be aimed at filling this void in Canada's pot laws.
Marijuana advocates are encouraging pot smokers in Ontario to enjoy their
new-found freedom. "The people of Ontario should be celebrating this
monumental victory!" said Marc Emery of the BC Marijuana party. "Anywhere you
can smoke tobacco, they should be smoking marijuana."
History of the decision
It began in January in Windsor, Ontario, when lawyer Brian McAllister
convinced Provincial Court Judge Phillips that Canada's cannabis laws no
longer exist, and that his 16-year-old client should go free on charges of
possession. In his ruling, Justice Philips agreed, adding that if a
cultivation or trafficking case had been before him, he would have thrown out
those charges as well (CC#42, <A
HREF="https://www.cannabisculture.com/articles/2849.html">Canadian judges
toss pot prohibition</A>).
McAllister's novel legal argument was based on a July 2000 court ruling
relating to Canadian med-pot user Terry Parker (CC#28, <A
HREF="https://www.cannabisculture.com/articles/1721.html">Canada's med-pot
push</A>
). In the Parker ruling, Ontario's Supreme Court said that Canada's marijuana
laws were unconstitutional because they didn't adequately address the needs
of sick people who required pot. The court gave the government one year to
change the law and provide medical access to marijuana, or the whole law
against pot would be struck down.
One year later, the government had created new medical marijuana regulations,
but didn't change the actual law. The difference, argued McAllister, is that
regulations can be altered at the whim of Canada's top ministers, but laws
require debate and a vote by parliament. The judge agreed, declared that the
government had failed in its court-ordered legal obligations, and that
therefore Canada's pot law was null and void.
Now that the Ontario Summary Conviction Appeal Court has upheld the decision,
it is binding on all lower courts in Ontario. Although Ontario's higher
courts could reverse the decision, right now there is no law against pot
possession in Ontario.
Spreading freedom
The earlier decision from Ontario lower Provincial Court had already been
reinforced by decisions in PEI and Nova Scotia. In PEI, the judge explained
his reasoning as follows:
"All persons in the Province of Ontario, all 12 million of them, have
acquired an immunity from prosecution for marijuana possession, which may be
anything from short term to permanent. If this prosecution [in PEI] is
permitted to continue, in effect it would be tantamount to a ruling that more
than one third of the population of Canada is immune from prosecution while
the residents of Prince Edward Island are not."
These court decisions also reveal the true purpose behind the Liberals'
impending new pot "decrim" legislation. Their new law would overrule these
court decisions, and so the government is expected to pass their new bill as
quickly as possible, to fill in the legal void.
A more far-reaching <A
HREF="https://www.cannabisculture.com/articles/2955.html">Supreme Court
challenge</A> to Canada's marijuana laws was
heard on May 6, and a decision is expected in the winter.
by Dana Larsen and Reverend Damuzi (16 May, 2003)
of Cannabis Culture
decision, which effectively legalized possession in Canada's largest
province.
On Friday, May 16, Ontario Summary Conviction Appeal Court Justice Steve
Rogin upheld the lower court ruling of Justice Philips, concerning a case of
pot possession in Ontario.
Justice Rogin agreed that the federal government had failed in its obligation
to change the law to allow for medical use of marijuana, and so the entire
law was void.
This decision is binding on Ontario's lower courts, which means that no-one
can be convicted of pot possession in Ontario. This effectively means that
marijuana is now legal in Canada's largest province.
It is expected that other Appeal courts across Canada will also ratify the
decision. Related cases are making their way through the courts in at least
four other provinces.
The federal government has appealed the case to Ontario's Court of Appeal.
The next step would be to Ontario's Supreme Court.
The "decrim" legislation being contemplated by Canada's Liberal government
will presumably be aimed at filling this void in Canada's pot laws.
Marijuana advocates are encouraging pot smokers in Ontario to enjoy their
new-found freedom. "The people of Ontario should be celebrating this
monumental victory!" said Marc Emery of the BC Marijuana party. "Anywhere you
can smoke tobacco, they should be smoking marijuana."
History of the decision
It began in January in Windsor, Ontario, when lawyer Brian McAllister
convinced Provincial Court Judge Phillips that Canada's cannabis laws no
longer exist, and that his 16-year-old client should go free on charges of
possession. In his ruling, Justice Philips agreed, adding that if a
cultivation or trafficking case had been before him, he would have thrown out
those charges as well (CC#42, <A
HREF="https://www.cannabisculture.com/articles/2849.html">Canadian judges
toss pot prohibition</A>).
McAllister's novel legal argument was based on a July 2000 court ruling
relating to Canadian med-pot user Terry Parker (CC#28, <A
HREF="https://www.cannabisculture.com/articles/1721.html">Canada's med-pot
push</A>
). In the Parker ruling, Ontario's Supreme Court said that Canada's marijuana
laws were unconstitutional because they didn't adequately address the needs
of sick people who required pot. The court gave the government one year to
change the law and provide medical access to marijuana, or the whole law
against pot would be struck down.
One year later, the government had created new medical marijuana regulations,
but didn't change the actual law. The difference, argued McAllister, is that
regulations can be altered at the whim of Canada's top ministers, but laws
require debate and a vote by parliament. The judge agreed, declared that the
government had failed in its court-ordered legal obligations, and that
therefore Canada's pot law was null and void.
Now that the Ontario Summary Conviction Appeal Court has upheld the decision,
it is binding on all lower courts in Ontario. Although Ontario's higher
courts could reverse the decision, right now there is no law against pot
possession in Ontario.
Spreading freedom
The earlier decision from Ontario lower Provincial Court had already been
reinforced by decisions in PEI and Nova Scotia. In PEI, the judge explained
his reasoning as follows:
"All persons in the Province of Ontario, all 12 million of them, have
acquired an immunity from prosecution for marijuana possession, which may be
anything from short term to permanent. If this prosecution [in PEI] is
permitted to continue, in effect it would be tantamount to a ruling that more
than one third of the population of Canada is immune from prosecution while
the residents of Prince Edward Island are not."
These court decisions also reveal the true purpose behind the Liberals'
impending new pot "decrim" legislation. Their new law would overrule these
court decisions, and so the government is expected to pass their new bill as
quickly as possible, to fill in the legal void.
A more far-reaching <A
HREF="https://www.cannabisculture.com/articles/2955.html">Supreme Court
challenge</A> to Canada's marijuana laws was
heard on May 6, and a decision is expected in the winter.
by Dana Larsen and Reverend Damuzi (16 May, 2003)
of Cannabis Culture