OTTAWA POLICE CHIEF CALLS FOR REVIEW OF MARIJUANA LAWS

RCMP To Continue Cracking Down On Those Who Grow, Traffic In Marijuana

A landmark court decision that gives a Toronto man the right to grow and
use marijuana for medicinal purposes isn't a licence for anyone with an
ache to light up, say police.

On Wednesday, Ontario Justice Patrick Sheppard ruled in favour of Terry
Parker's constitutional challenge to Canada's marijuana laws, saying that
depriving Mr. Parker of marijuana would risk depriving him of "life,
liberty and security."

Mr. Parker is an epileptic. He had argued that smoking marijuana lessened
the number and severity of his seizures.

But yesterday, law enforcement officials said it will be business as usual
when it comes to cracking down on those who grow and traffic in marijuana.

"I don't think it will affect what we do," said OttawaCarleton police
Chief Brian Ford. "It's a lower court decision. It's likely to be appealed."

Chief Ford, who has said in the past that marijuana should be
decriminalized, added that in the long run there are many ambiguities about
marijuana law that need to be cleared up.

He is calling for a review of existing marijuana laws by a
multidisciplinary group, including medical experts, to give police some
direction on issues such as how much marijuana should be available to each
patient, and how that drug is made available.

Chief Ford pointed out that Mr. Parker had 71 marijuana plants in his
possession. "That was hardly necessary for personal use," he said.

The Crown has 30 days to appeal Wednesday's decision. Meanwhile, RCMP will
continue their marijuana investigations, says RCMP spokesman Cpl. Marc
Richer.

"We're mandated with enforcing the laws. If Parliament says you can have
half a pound of marijuana for whatever use, we'll enforce it," he said.

The court decision is essentially a "constitutional exemption" for Mr.
Parker, said Alan Young, an Osgoode Hall law professor.

If other people want that same exemption, they will have to prove that
they're entitled to it by going to court and proving that they have an
illness, that traditional medicine hasn't helped, and that marijuana has
been beneficial, he said.

Mr. Young is defending Lynn Harichy, a London woman with multiple
sclerosis, who was charged with possession of a narcotic after she lit up
on the steps of the London police station in October. The case is scheduled
to begin in April.

Mr. Parker's case has opened the door to other people who use marijuana for
therapeutic purposes. Mr. Young said there are dozens of cases waiting to
be heard, and they're likely to be joined by many more in the wake of the
decision.

"My biggest worry is that as legitimate cases go through, there will be a
lot of overstated false claims: 'I stubbed my toe and it's infected and I
need marijuana,' " he said.

At the same time, he believes Parliament will have to respond by creating a
system of preauthorizations to say who can have access to medicinal
marijuana and how much, and ensure that the marijuana is of uniform quality.

Chief Julian Fantino of the London, Ont., police said the court decision is
just one more example of how confusing things are becoming for police.

Police have been frustrated by rapid changes to the law, he said.

"Since the Charter of Rights and Freedoms came into effect, some people
have been bent on turning the justice system upside down. The rule book
constantly changes on us," he said. "The system of justice doesn't absorb
emerging trends very well."