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News (Media Awareness Project) - Canada: Web: Judge Calls Marijuana Law Invalid
Title:Canada: Web: Judge Calls Marijuana Law Invalid
Published On:2003-01-02
Source:Canadian Broadcasting Corporation (Canada Web)
Fetched On:2008-08-29 04:41:21
JUDGE CALLS MARIJUANA LAW INVALID

WINDSOR, ONT. - A judge in Windsor, Ont., has ruled that Canada's law
on possession of small amounts of marijuana is no longer valid.

Justice Douglas Phillips made the ruling when he dismissed two drug
charges against a 16-year-old local boy.

In his ruling, Phillips said Parliament has failed to address problems
with Canada's marijuana laws.

In July 2000, the Ontario Court of Appeal struck down a federal law
prohibiting the possession of less than 30 grams of marijuana.

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

The court gave Ottawa a year to clarify its law on marijuana
possession.

The federal government responded with the Marijuana Medical Access
Regulations, which went into effect July 31 of last year. The new
rules allowed the use of marijuana for medical reasons, but they
didn't address the issue of recreational use.

"I think it's also satisfying to know that this particular law has
been declared invalid, particularly given how burdensome it is in
terms of criminalizing the behaviour that hundreds of thousands of
Canadians engage in," said the teen's lawyer, Brian McAllister.

Justice Minister Martin Couchon said last year the government is
considering decriminalization the laws for small amounts of marijuana
possession.
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