N.B. POLICE WILL CONTINUE TO MAKE MARIJUANA ARRESTS DESPITE ONTARIO COURT
DECISION

CRIME: The status quo will remain in effect, says Fredericton's deputy
police chief

An Ontario court may have ruled outlawing marijuana is unconstitutional,
but it's business as usual for New Brunswick's police and prosecutors.

The Ontario Court of Appeal found Monday the law prohibiting the possession
of pot unconstitutional and gave Ottawa one year to amend the law.

The issue went before the court after Terry Parker of Toronto was allowed
to grow marijuana plants to control his severe epilepsy.

Police in New Brunswick say they will continue to arrest people growing,
selling, or found to be in possession of marijuana.

Fredericton Police Deputy Chief Les Chipperfield says he's been talking to
departments across the province about this matter. The consensus is the
status quo will remain in effect.

Mary Beth Beaton, the province's assistant director of public prosecutions,
notes the federal government could amend legislation or the matter could go
to the Supreme Court of Canada. The issue still has a complicated legal
road to travel, Ms. Beaton said.

"In the meantime the law operates on New Brunswickers the same way it
has,'' she warns. "It will be business as usual - for now.''

Where a change will be seen is before the judges, a lawyer suggests..

People who claim medically recognized ailments are helped by marijuana
could do well in court because health can be used as a defence, says
Fredericton lawyer Danny Watters. But this is under strict guidelines. A
stubbed toe won't set you free for pot possession, but epilepsy, glaucoma,
AIDS, or cancer might.

"This isn't going to change much as far as the legal aspect of possession,
but it will get you more discharges on sentencing, more suspended sentences
and minor fines. It's playing out that way. Very few judges are sentencing
harshly for personal use,'' the lawyer says.

"It's not official, it's not said, but it's accepted.''

Deputy Chief Chipperfield agrees the real difference will be seen in the
courtroom.

"I suspect it'll be a reverse onus,'' he says. "The police will continue
enforcing. If they happen to arrest someone for possession or growing
[marijuana], the onus will be on the individual to get a doctor to say in
court they need marijuana and so on.''

But could this decision be the slippery slope that people like MP Elsie
Wayne warn will lead to the legalization of hard drugs?

"Prohibitionists think it's a slippery slope, but pot doesn't lead to
anything other than conviviality, and probably increased eating and sex,''
Mr. Watters said sarcastically.

"You would have to be a fool today to do the scare stories. It's just
against the law and we're a law-abiding country.''