LIMBO FOR POT CHARGES

WOODSTOCK - People caught carrying less than 30 grams of marijuana will not
suffer any immediate consequences since local police are delaying charges
for simple possession.

"We will seize it and document it, but won't proceed with charges into the
court system until the government decides what's going on," said Oxford
Community Police Chief Ron Fraser. "We are doing everything except handing
over summonses."

Officers are now being advised to use their own discretion when dealing
with someone carrying less than 30 grams.

If police do decide to charge someone, the trial will be put on hold until
the federal government clarifies the law, which could take months.

"We are in limbo right now," said Fraser. "It's a mess."

OPP are also following suit by not laying immediate charges.

"Depending on the outcome of the decision, we may lay charges at a later
date," said Const. Dennis Harwood. "But right now, we are not formally
charging them."

Police are waiting on the outcome of an appeal of a Superior Court ruling
last month that the existing possession law is no longer valid.

That stemmed from a case in Windsor, where a judge ruled in May that
possessing less than 30 grams of pot is no longer against the law in
Ontario. Instead of facing a criminal record, those found guilty could
merely be handed a fine.

In Oxford, the decision prompted the courts to also play the waiting game
by postponing any trials involving simple possession.

"(Judges) are being persuaded by other local courts across the province
that are delaying, and some are throwing them out all together," said
Michael Smith, federal Crown prosecutor. "It's a big mess right now and
there is not a lot of guidance to what's going on. It's wait and see.

"Since they haven't instituted a law yet, there really is no law."

The local courts see approximately four simple possession cases a month,
said Smith.

However, delays now could cause problems down the road, explained criminal
defence lawyer Carey Speirs.

"There will be issues about the delays because you have the right, under
the Charter of Rights and Freedoms, not to have a delay," said Speirs. "If
it takes too long to get a trial and it is not the fault of the accused,
the charges could be dropped."

Also, cases currently before the courts that get delayed will likely still
go on should the government decide in the end to not decriminalize
possession of small amounts marijuana.

"They will only be brought back to court if marijuana is determined to
still be illegal," said Smith. "So they won't be fined either."


Pubdate: Tue, 10 Jun 2003
Source: Sentinel Review (CN ON)
Copyright: 2003 Annex Publishing & Printing Inc.
Contact: sentinel@annexweb.com
Website: http://www.annexweb.com/sentinel