SOURCE: Toronto Star

CONTACT: lettertoed@thestar.ca

BID TO MAKE MARIJUANA LEGAL GETS REJECTED

Activists vow to take case to the Supreme Court

By Michelle Shephard, Toronto Star Staff Reporter

Even though an Ontario judge
rejected a claim that marijuana
should be legal, supporters of
decriminalizing the drug openly
rolled joints and smoked them
outside a London, Ont., courthouse.

That's because supporters felt confident the groundwork for a Supreme
Court constitutional challenge to Canada's cannabis laws was laid,
even though Mr. Justice John McCart of the Ontario Court, general
division, had just convicted hempcrusader Chris Clay, 26, of
possession and trafficking charges.

``This is just the first round,'' the softspoken Clay said
yesterday, before heading home to update his Hemp Nation Internet
home page.

He says he has received support, to the tune of $25,000, to cover
trial costs from across Canada.

Clay's lawyers, Osgoode Hall law professor Alan Young and Paul
Burstein, said they were disappointed with yesterday's decision, but
will file an appeal by midSeptember.

``We've come this far, so we won't stop now. I wish I had a direct
route to the Supreme Court of Canada,'' Young said last night.

McCart read his 27page decision, after three months of deliberation,
to a courtroom packed with supporters, spectators and media.

The judge said he agreed marijuana consumption was harmless, that it
didn't lead to the use of harder drugs, and caused no serious
physical or psychotic damage.

But it is up to Parliament to determine what is illegal, McCart said,
and ruled the charges didn't infringe on Clay's rights.

``Parliament may wish to take a serious look at easing the
restrictions that apply to the use of marijuana for the medical
uses,'' McCart said in his ruling.

``There appears to be no merit to the widespread claim that marijuana
has no therapeutic value,'' he continued.

``Parliament is moving away from the harshness of the penalties for
possession of marijuana and perhaps someday they may adopt some of
the measures that exist, for example, in Australia, and which I do
not believe would meet with much objection from an informed public,''
he said, referring to Canada's Controlled Drugs and Substances Act.

In regions of Australia possession of marijuana warrants a fine, not
jail time or a criminal record.

Clay was charged two years ago for possession of a narcotic,
possession of a narcotic for the purpose of trafficking and
cultivation of the narcotic cannabis sativa. At the time, he owned a
London, Ont., retail store, Hemp Nation.

An employee, Jordan Prentice, 24, was also charged with possession
and trafficking offences.

McCart found Clay guilty on all offences except the cultivation
charge. Prentice was acquitted on all charges.

Clay admitted during the trial that he was on a campaign to change
the marijuana drug laws when arrested.

``What I'm pleased about is that the judge made findings of fact in
terms of our sociological, criminological and medical evidence, and
courts of appeal should defer to him on finding the facts because he
heard them from the witnesses,'' Young said.

Clay is due in court Sept. 5 for sentencing.