COPS MELLOW OUT

Chief Tells Officers To Not Charge Casual Tokers

Toronto's top cop has told his officers not to lay simple possession
charges when they nab pot smokers with a few joints or a small bag of weed.
Chief Julian Fantino announced yesterday that officers will continue to
investigate marijuana cases, but he will leave it to them to "exercise
their discretion" about laying minor charges.

Illegal pot will be seized, regardless of the amount, but officers "will
not lay charges of simple possession," Fantino said.

LIMBO

He said officers will record the bust, then leave the case in limbo until
the courts and Parliament clarify the law.

Debates in the courts and Parliament over decriminalizing pot possession
have left cops in legal handcuffs despite pot laws remaining in force,
Fantino said.

"We've had a number of cases quashed in our courts recently."

Without proper direction from Crown prosecutors and lawmakers, the police
have been left "basically to our own devices to sort this mess out," he said.

"I really feel that we're the meat in the sandwich ... it's a very
difficult predicament.

Calling his decision "an interim measure," Fantino said, "We'll have to
revisit every one of those cases, depending on what is done by Parliament."

The Ontario Association of Chiefs is also advising forces not to lay
charges for simple possession.

But association president Tom Kaye warned that people shouldn't think they
can openly carry marijuana without fear of being arrested.

NOT A HAVEN

"These individuals may well be charged down the road," he said.

Fantino said cannabis connoisseurs may take his words as an indication
they'll get a free ride if they're caught with weed, "but I'd hate to think
Toronto will be a haven for pot smokers.

CONVICTION TOSSED

"While the federal government has been unduly preoccupied with the
introduction of legislation to decriminalize the simple possession of
marijuana, police officers in Ontario are currently in a position of
uncertainty with regard to whether simple possession of marijuana is an
offence at all," Fantino said.

On May 16 in Windsor, Mr. Justice Steven Rogin of the Ontario Superior
Court of Justice overturned a youth's conviction for being caught with less
than 30 grams of pot.

The public and cops get caught in the middle whenever a federal law that
police are required to enforce is overruled, Fantino said.

"Federal offences, and especially those aimed at stemming the use of
illegal substances, demand a uniform and consistent application
nationwide," he said. "It is not in the public interest to allow safe
havens from prosecution for possession of marijuana to exist within Canada."


Pubdate: Fri, 06 Jun 2003
Source: Toronto Sun (CN ON)
Copyright: 2003, Canoe Limited Partnership.
Contact: editor@sunpub.com
Website: http://www.canoe.com/NewsStand/TorontoSun/home.html