Judge Will Rule on Validity of Pot Law

[boulder]

Windsor—An Ontario judge says he will rule next week on the question of whether Canada's laws that make it illegal to possess small amounts of marijuana are invalid.

 

Ontario Court Justice Douglas Phillips said he will have a decision Thursday in the case of a 16- year-old youth who was charged in April with possession of marijuana. Phillips heard legal arguments yesterday by lawyer Brian McAllister, who is representing the youth, and federal drug prosecutor Ed Posliff.

 

McAllister brought forward an application to have the drug charges dropped, asserting the Controlled Drugs and Substances Act no longer prohibits the simple possession of marijuana by virtue of an earlier decision in the Ontario Court of Appeal.

 

In that case, the appeal court struck down the federal law prohibiting the possession of less than 30 grams of marijuana.

 

The court found in the case of Terry Parker of Toronto that the law violated the rights of sick people who use marijuana for medical reasons.

 

It declared the law invalid, but it suspended the declaration of invalidity for a year to allow the government time to revamp the law and correct the problem.

 

In response, the federal government passed the Marijuana Medical Access Regulations, which allow marijuana use for medical reasons under certain circumstances.

 

But McAllister said that wasn't enough.

 

He said it was incumbent on Parliament to re-enact the marijuana possession section in the drug law once the new regulation was in effect.

 

Without that action, there is no valid law, McAllister argued, because the appeal court ruled it to be invalid.

 

The crown doesn't see it that way.

 

"Our position is it continues to be a crime to possess marijuana except if you have proper medical authorization," Posliff said.

 

Posliff argued the law still stands, despite McAllister's assertion that Parliament needed to re-enact the law.

 

"Only Parliament can repeal its own acts," Posliff said. "A court cannot repeal an act of Parliament."

 

If Phillips rules in his favour, McAllister said the decision will not be binding on other courts. But "it would have a persuasive affect."

 

Note: Simple possession not illegal, lawyer says New federal rules allow medical use.

 

Source: Toronto Star

Published: December 28, 2002

Edited December 28, 2002 by boulder