News (Media Awareness Project) - CN ON: Pivotal Pot Case Smoulders Until Man Finds Lawyer |
| Title: | CN ON: Pivotal Pot Case Smoulders Until Man Finds Lawyer |
| Published On: | 2008-06-19 |
| Source: | Toronto Star (CN ON) |
| Fetched On: | 2008-06-23 00:18:41 |
PIVOTAL POT CASE SMOULDERS UNTIL MAN FINDS LAWYER
The case of Clifford Long and the constitutional validity of Canada's
pot possession law remains up in the air while the 30-year-old tries
to find a lawyer and the funding to defend himself.
Long was charged in 2005 with having 3.5 grams of marijuana, which is
worth about $40. But Ontario Court Justice Howard Borenstein
acquitted him last summer after ruling the country's pot law is
unconstitutional.
The Crown appealed and yesterday the case was to proceed - except
there were snags. The tattooed man, in custody on unrelated matters,
animatedly told Superior Court several times he has been unable to
hire a lawyer and has been turned down for legal aid.
The Law Society of Upper Canada website says the lawyer who
successfully argued his case has been suspended for administrative
reasons. Long told the court he called the lawyer's office and was
told he was no longer practising.
At one point, Long told Justice Eva Frank he didn't care if he had
counsel and, in fact, didn't care about the case anyway.
Later, informed of the broader implications of his acquittal, he
punched his fist in the air and cheered.
Federal Crown Lisa Csele said an unspecified number of prosecutions
have been adjourned pending the outcome of Long's case. "Judges are
refusing to take guilty pleas ... and it's affecting the
administration of justice," she said.
But about 30 minutes into the bizarre proceedings - at one point Long
volunteered that he was served notice of the appeal while standing in
line at Tim Hortons - another lawyer, Indra Bhaggan, entered the
courtroom as representative of the firm Long has tried unsuccessfully
to retain.
At first she said the firm needed the funding issue sorted out. After
a break, she said it appeared it was.
Frank adjourned the case until July 16 to ensure things are on track.
In his decision last year, Borenstein agreed that a 2003 decision to
allow access to medical marijuana was made by a policy statement, and
this informality makes the pot possession laws invalid.
An Oshawa judge last fall similarly dismissed charges against three young men.
The case of Clifford Long and the constitutional validity of Canada's
pot possession law remains up in the air while the 30-year-old tries
to find a lawyer and the funding to defend himself.
Long was charged in 2005 with having 3.5 grams of marijuana, which is
worth about $40. But Ontario Court Justice Howard Borenstein
acquitted him last summer after ruling the country's pot law is
unconstitutional.
The Crown appealed and yesterday the case was to proceed - except
there were snags. The tattooed man, in custody on unrelated matters,
animatedly told Superior Court several times he has been unable to
hire a lawyer and has been turned down for legal aid.
The Law Society of Upper Canada website says the lawyer who
successfully argued his case has been suspended for administrative
reasons. Long told the court he called the lawyer's office and was
told he was no longer practising.
At one point, Long told Justice Eva Frank he didn't care if he had
counsel and, in fact, didn't care about the case anyway.
Later, informed of the broader implications of his acquittal, he
punched his fist in the air and cheered.
Federal Crown Lisa Csele said an unspecified number of prosecutions
have been adjourned pending the outcome of Long's case. "Judges are
refusing to take guilty pleas ... and it's affecting the
administration of justice," she said.
But about 30 minutes into the bizarre proceedings - at one point Long
volunteered that he was served notice of the appeal while standing in
line at Tim Hortons - another lawyer, Indra Bhaggan, entered the
courtroom as representative of the firm Long has tried unsuccessfully
to retain.
At first she said the firm needed the funding issue sorted out. After
a break, she said it appeared it was.
Frank adjourned the case until July 16 to ensure things are on track.
In his decision last year, Borenstein agreed that a 2003 decision to
allow access to medical marijuana was made by a policy statement, and
this informality makes the pot possession laws invalid.
An Oshawa judge last fall similarly dismissed charges against three young men.
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