Bizarre Ont. Pot Case Tests Canada's Possession Laws

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TORONTO - Clifford Long's constitutional saga began in September 2005 when he was a passenger in a car stopped by police for a seatbelt infraction.

The officers conducted a search, allegedly found $40 worth of marijuana and Long joined the ranks of the more than 40,000 people still charged each year across Canada for simple possession of cannabis.

Nearly three years later, the heavily tattooed 30-year-old man appeared irritated by and bewildered at a bizarre and often comic court proceeding Wednesday in which the federal government is seeking to overturn a ruling in his case that could change the country's marijuana possession laws.

"I don't care about this charge anymore," said Long, who is in custody on unrelated and more serious offences. "I don't want to have to deal with this."

While the defendant expressed indifference, his case is significant for the federal government.

Long was acquitted in July 2007 when provincial court Justice Howard Borenstein accepted an argument by Long's lawyer that Canada's marijuana possession laws were unconstitutional because of flaws in the medical marijuana regulations.

Earlier this year, a Federal Court of Canada judge also found the medical marijuana regulations to be unconstitutional, a decision that is under appeal.

While Borenstein's decision is not binding, other provincial court judges in Ontario have been refusing to accept guilty pleas in marijuana possession cases, federal prosecutor Lisa Csele told Superior Court Justice Eva Frank Wednesday. "It has affected the administration of justice," she said.

The federal government quickly filed an appeal of Borenstein's ruling last summer, but Long's former lawyer is under administrative suspension by the body that regulates the profession in Ontario. "I have been told he no longer practices law," Long said.

Meanwhile, his current lawyer, retained to represent him on the charges that led to him being in custody, isn't returning his calls. "I want to fire him," the defendant said.

Another lawyer from that firm arrived in court eventually to say she knew little about the case, but would be willing to represent Long if he receives legal aid.

Frank instructed Long to take more steps to try to get funding, but pointed out Long may have to represent himself in the case.

"The administration of justice requires that we get on with this," said Frank.

The government appeal is now tentatively set to be heard on September 19.

Despite his confusion, Long was amused when told during a break in the court proceeding that his case could ultimately alter the marijuana possession laws in Canada.

"Yeahhhhh" he shouted, pumping both arms in the air, shortly before the smiling court guards asked him to put his hands behind his back so he could be handcuffed and returned to custody.


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Source: Canada.com
Copyright: 2008 National Post
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Website: Bizarre Ont. pot case tests Canada's possession laws