Overturn pot law, defence urges court

SUSAN BRADNAM / The London Free Press

London hemp store proprietor Chris Clay and his lawyer Alan Young talk
to reporters Tuesday during a break in the trial.

The lawyer for London hemp store proprietor Chris Clay says the ruling
should right the 'wrong' done by Canada's law on marijuana.

By Eric Bender
Free Press Reporter

Marijuana is a beneficial, versatile product and "various and sundry
remedies" are available to make it legal, an Osgoode Hall law
professor told a London court Tuesday.

The Ontario Court justice in the case has the power, if not the duty,
to strike down Canada's drug law as it pertains to cannabis sativa,
lawyer Alan Young said.

Young made his arguments as the trial of London hemp store proprietor
Chris Clay winds down in its third week.

Clay, 26, and employee Jordan Prentice were charged two years ago with
possession and trafficking of cannabis. Clay admitted in court to
selling seeds and cannabis seedlings from his store but both have
pleaded not guilty to the charges.

SAFE: The Toronto defence team of Young and lawyer Paul Burstein have
submitted evidence to show cannabis sativa has wide and relatively
safe applications for medicinal use, for industrial hemp production
and as a recreational drug in league with tobacco, alcohol and
caffeine.

Acceptance of cannabis has been promoted by the defence as an economic
and employment generator and as a relief from the high cost of
policing and prosecuting people charged with possession, exchange or
cultivation of marijuana.

Cannabis sativa came was prohibited in Canada in 1923 with its
addition to the Narcotic Control Act. The comprehensive LeDain
Commission report of 1972, which recommended decriminalization of
marijuana, was not acted upon by Ottawa and few modifications have
been made.

Young argued Tuesday why Justice John McCart should treat the
marijuana law as a constitutional concern. He said marijuana was
placed in the Narcotic Control Act without foundation and the
disproportionate legal penalties not to mention social stigma, loss
of employment and travel potential infringe on personal freedom and
choice.

Young suggested the judge can remedy the "wrong" by declaring:

* All cannabisrelated offences under the control act void.
* That imprisonment for offences not be allowed.
* That simple possession or exchange be decriminalized.
* Or that all prosecutions of cannabis offences be halted and
suspended until the government can "revisit" the LeDain Commission
or its own scientific studies can be conducted on the uses and
safety of cannabis.

PROSECUTION: Crown prosecutor Kevin Wilson opened his argument by
saying it isn't for courts to set social policy.

He chided Clay and the defence for being "impatient" with the
evolution of Parliament's approach to drug law. "Very significant"
changes to the act that came into effect last week are evidence that
Parliament is moving to liberalization, he said.

Wilson also suggested there is no "consensus anywhere" in favor of
easing the law on marijuana.

More than half of Canadians believe there should be penalty sanctions
relating to marijuana, he said.

Young said there is a deterrent effect of having a law in place. He
said usage goes up upon decriminalization. He also said law
enforcement costs won't disappear if prohibition is lifted because the
cost of policing alcohol use is far higher than for any other drug and
it's legal.

The arguments are scheduled to conclude today.