COURT RULES POT BAN UNCLEAR

Feds get year to fix unconstitutional law or it will be struck down

TORONTO -- Ontario's highest court has declared the law prohibiting the
possession of marijuana unconstitutional and has given Ottawa a year to
amend it.

The Ontario Court of Appeal ruled yesterday that Canada's marijuana law
fails to recognize that people who suffer from chronic illnesses can use pot
as medicine.

As a result, the court ruled that if Ottawa does not clarify the law within
12 months the law prohibiting marijuana possession in Ontario will be struck
down, which could eventually lead to similar challenges across the country.

In the meantime however, possession of marijuana in Canada is still illegal,
and the law remains in full force and effect.

The ruling was part of a decision which upheld a lower court judge's
decision that has allowed an epileptic Toronto man to smoke pot for the past
three years.

Terry Parker, 44, said marijuana has virtually eliminated the 15 to 80
weekly seizures he suffered for about 40 years as a symptom of his illness.

"The decision will open doors across the country for sick Canadians who need
pot to help alleviate symptoms such as nausea and vomiting," said Parker's
lawyer, Aaron Harnett.

Under Canada's Controlled Drugs and Substances Act, it is illegal to possess
and cultivate marijuana. People who need it for medicinal purposes can apply
for exemptions.

UNNECESSARY CHARGES

The court is asking that the exemption be written into the law, to prevent
unnecessary charges against sick people, like Parker, said Harnett.

Parker hasn't had a seizure since December 1997, when a judge stayed charges
of marijuana cultivation and possession against him, ruling that Canada's
marijuana law violated Parker's rights to liberty and security, and was
therefore unconstitutional.

"I am quite ecstatic, I'm grateful and I'm glad to see the court recognize
marijuana as a medical application," he said outside the court yesterday.

Although demands placed on the federal government refer only to medicinal
use of marijuana, all Ontarians could be allowed to smoke pot in 12 months
if nothing is done, said Alan Young, an Osgoode Hall law professor.

"The whole (marijuana) law is tainted by the failure of Parliament to have
meaningful process whereby people can use the illicit substance as
medicine."

The Ontario Court of Appeal ruled yesterday that Canada's marijuana law
fails to recognize that people who suffer from chronic illnesses can use pot
as medicine.

As a result, the court ruled that if Ottawa does not clarify the law within
12 months the law prohibiting marijuana possession in Ontario will be struck
down, which could eventually lead to similar challenges across the country.

In the meantime however, possession of marijuana in Canada is still illegal,
and the law remains in full force and effect.

The ruling was part of a decision which upheld a lower court judge's
decision that has allowed an epileptic Toronto man to smoke pot for the past
three years.

Terry Parker, 44, said marijuana has virtually eliminated the 15 to 80
weekly seizures he suffered for about 40 years as a symptom of his illness.

"The decision will open doors across the country for sick Canadians who need
pot to help alleviate symptoms such as nausea and vomiting," said Parker's
lawyer, Aaron Harnett.

Under Canada's Controlled Drugs and Substances Act, it is illegal to possess
and cultivate marijuana. People who need it for medicinal purposes can apply
for exemptions.