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News (Media Awareness Project) - CN AB: Pot Charges Adjourned In Alberta
Title:CN AB: Pot Charges Adjourned In Alberta
Published On:2003-11-01
Source:Calgary Herald (CN AB)
Fetched On:2008-08-24 00:00:13
POT CHARGES ADJOURNED IN ALBERTA

Federal Crown prosecutors across Alberta have been instructed to allow
adjournments of all cases of simple possession of marijuana laid over a
two-year period ending Oct. 6, 2003, officials said Friday.

The instructions, made in light of recent Ontario Court of Appeal decisions,
will affect thousands of outstanding cases, including some already set for
trial, said Maureen McLellan, Prairie region spokeswoman for Justice Canada.

The new instructions were sent to all prosecutors and their agents this
week, she said.

"Because of the uncertainty in light of these Ontario decisions if an
accused wishes to adjourn his or her marijuana possession case until after
Dec. 5, the Crown is willing to consent to an adjournment," said McLellan.

"It's up to the judge, but if the defence and the Crown both agree to an
adjournment, generally the judge will adjourn the proceedings.

"If the accused still wishes to proceed with his or her matter, then of
course the Crown is prepared to proceed."

Simple possession involves possession of up to 30 grams of marijuana or up
to one gram of marijuana resin, she said.

The Ontario Court of Appeal ruled Oct. 7 that between July 30, 2001 and Oct.
6, 2003, the law prohibiting possession of cannabis was constitutionally
invalid as it did not contain a valid medical exemption.

The federal Department of Justice is reviewing those decisions and has 60
days, until Dec. 5, 2003, to launch an appeal.

On Thursday, Sue Kendall, chief federal Crown prosecutor with the Calgary
office, said prosecutors in Calgary were dealing with possession cases for
the period in question on an individual basis.

All Alberta prosecutors have now been issued new instructions, McLellan said
Friday.

Prosecutors in the Red Deer district have been consenting to adjournments
for the past three weeks, said Red Deer federal Crown prosecutor John Lee.
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