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News (Media Awareness Project) - Canada: Judge Rules Marijuana Laws Unconstitutional
Title:Canada: Judge Rules Marijuana Laws Unconstitutional
Published On:1997-12-10
Source:Canadian Press
Fetched On:2008-09-07 18:44:22
JUDGE RULES MARIJUANA LAWS UNCONSTITUTIONAL

TORONTO (CP) _ An Ontario judge ruled today that part of Canada's marijuana
law is unconstitutional.

Judge Patrick Sheppard ruled that certain sections of the Controlled Drug
and Substances Act are unconstitutional in cases where marijuana is used
for medicallyapproved purposes.

Sheppard stayed charges of cultivation and possession of marijuana against
42 yearold Terry

Parker, an epileptic who was charged in July 1996

But Sheppard convicted Parker of trafficking marijuana.

The judge ordered police to return 71 pot plants seized from Parker, who
argued he needs marijuana to control epileptic seizures.

Sheppard said Parker's illness is best controlled with a combination of
prescribed medication and smoking marijuana. Depriving Parker of marijuana
is unconstitutional, he ruled.

Extensions should be made to the law for people who use marijuana for
medicallyapproved purposes he said.

The Crown wants the ruling to apply to Parker alone.

Parker won a landmark ruling 10 years ago when he was acquitted of a
possession charge. The acquittal was upheld by the Ontario Court of Appeal
a year later.
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