POT CHARGES STAYED

Two men each facing a simple marijuana possession charge were let off the
hook for the time being, when their charges were stayed Thursday, as part of
a nationwide Federal Court order.

An Ontario Court decision made it clear there was no valid possession
in a cases which the possession aspect was affected by legislation to
the Marijuana Medical Access Regulation in the Health Act, said
Maureen McLellan, spokesperson for Justice Canada prairie region.

Because of the rulings in Ontario, the government has elected not to
appeal the cases, and all simple possession charges are ordered to be
stayed, said McLellan.

"It's to ensure fair and equal treatment for all suspects during the
time the charges and case occurred," she said.

>From July 31, 2001 to Oct. 7, 2003 all possession charges for the
illegal substance during that time frame are being stayed.

Justice Canada estimates there are or will be more than 1,300 cases
stayed in Alberta that occurred during that time.

McLellan notes it's still illegal under the current law to possess
marijuana other than for a medicinal reason.

Dayle Kenneth MacNeill took the stand to plead guilty to a possession
charge, but his plea was denied.

"What does that mean?" asked MacNeill of his case being
stayed.

The Judge replied: "It means it's your lucky day, and you're free to
go." MacNeill shrugged his shoulders, and left the courthouse.

He says he still is unaware of what happened, or why it
happened.

"When I talked to my lawyer as I left the court, he just told me
there's a glitch in the system."

Regardless, MacNeill thought the substance was finally being
legalized. "I thought, this is cool, I can outside and light up a
joint," he told the Record. "I had no clue what happened in there."

Joshua Patrick Michael had is case stayed before he could make a
plea.

McLellan says it's not standard practice to mail out information to
suspects who will appear in court on the charges, and that usually
their lawyers are notified.

However if they appear in court without a lawyer, then the prosecutor
will let them know.