TOP COURT STALLS POT CHALLENGE

OTTAWA -- The Supreme Court of Canada suddenly called off a challenge to
federal marijuana laws Friday, saying Justice Minister Martin Cauchon is
sending conflicting messages by stating he will decriminalize pot while his
staff lawyers are trying to convince the court that toking up is dangerous.

The court postponed until at least the spring a landmark appeal from three
pot activists who are seeking the constitutional right to smoke marijuana.

Justice Louis LeBel summed up the judges' sentiment when he said they
cannot "close their eyes" to Cauchon's statements earlier this week that he
plans to move ahead with legislation within the first four months of next year.

"The question here is the apparent contradiction between the position taken
outside the court and the position taken inside the court," added Justice
Ian Binnie.

The government has filed a report with the court that connects marijuana
use to driving accidents, upper-airway cancer, psychiatric problems and
drug addiction, among other things.

"Marijuana is not a benign substance and potentially is more harmful than
presently known," the Justice Department argues in a written submission.

The courtroom was packed with marijuana enthusiasts when the judges
adjourned for 10 minutes and returned to say they don't want to hear the
case until Cauchon decides whether to follow through on decriminalization.

Three pot smokers, two from British Columbia and one from Ontario, who have
waited years for their day in the Supreme Court, accused Cauchon of
interfering with the justice process by stating his intentions just as the
court was to decide once and for all whether marijuana smoking should be
against the law.

David Malmo-Levine, who formed the Vancouver-based "Harm Reduction Club"
for marijuana smokers, said that he wants the court to make a ruling on
marijuana legality because he has little faith that Parliament will ever act.

"Powerful people have a habit of promising to do something about these
insane laws and nothing ever gets done," Malmo-Levine said.

As the 31-year-old activist spoke to reporters, several of his supporters,
frustrated that the case was halted, headed outside the building to smoke
joints.

Malmo-Levine, Victor Caine and Christopher Clay are challenging the federal
government on constitutional grounds.

Caine was convicted of possession for sharing a joint with a friend in his
car while parked at a beach near Vancouver and Clay owned a store in
London, Ont. which sold marijuana paraphernalia and plant seeds.