JUDGE RULES MARIJUANA LAW INVALID

WINDSOR - A judge's ruling that a federal law prohibiting possession of
small amounts of marijuana is invalid in Ontario has opened the floodgates
for other judges to reach the same conclusion and increased pressure on
Ottawa to make its position clear.

Ontario Court Justice Douglas Phillips threw out a possession charge
against a 16-year-old on a legal technicality that is expected to become
the basis of numerous other similar applications.

The judge accepted lawyer Brian McAllister's argument that the government
needed to pass a new law prohibiting marijuana after the current one was
struck down by the Ontario Court of Appeal two years ago.

The appeal court ruled in favour of epileptic Terry Parker, of Toronto,
saying the law violated the rights of sick people who use marijuana for
medical reasons. It gave the federal government a year to revamp the law
before it would become invalid in Ontario.

The government responded with the Medical Marijuana Access Regulations.
Judge Phillips found that the regulations did not satisfy the appeal
court's ruling because they were not debated and passed by Parliament.

Mr. McAllister said the ruling may compel federal politicians "to finally
act on their long-standing promises to address this issue."

That is one of the options being considered, said Jim Leising, director of
federal prosecution services in Ontario. "We're going to consider our
options, but the only two we're considering are an appeal or re-enacting
the prohibition" on possessing marijuana.

A decision is expected to be made in a week to 10 days, he said.

While Judge Phillips's decision is not binding on other judges, lawyers
across the province will be rushing into court to make the same argument,
predicted Aaron Harnett, the Toronto lawyer who represented Mr. Parker.

Martin Cauchon, Justice Minister, has said he intends to decriminalize
possession of less than 30 grams of pot.

The Phillips ruling "might spur the Minister of Justice to introduce
legislation more quickly. This might force the government to show its
hand," said Ottawa lawyer Eugene Oscapella, an expert on Canadian drug policy.