POT POSSESSION CHARGES STAYED BY FEDS

Thousands of Canadians facing pot possession charges are getting an
early Christmas present from the Canadian government: A stay of
criminal proceedings.

The Canadian Department of Justice said this week it would be staying
all outstanding minor marijuana possession charges laid in Canada
between July 31, 2001 and Oct. 7, 2003.

"The attorney general of Canada is staying marijuana possession
charges across Canada," said Maureen McLellan, Justice Canada's
prairies spokeswoman.

About 4,000 files could be stayed as a result of the decision. Of
those, 1,350 are from Alberta, added McLellan.

Robert Wadey, federal Crown prosecutor for Grande Prairie, said less
than 25 outstanding files in this region fall into the two-year window.

The Justice Canada decision is the direct result of an Ontario appeals
court ruling in 2000 that the law making possession of small amounts
of weed illegal was unconstitutional because it didn't contain an
exemption for valid medical use.

The government later issued regulations for medical marijuana use, but
the court ruling effectively meant anyone in possession of a small
amount of marijuana in Ontario during the period of July 31 to Oct. 7,
2003, was not breaking the law.

Justice Canada decided not to appeal the Ontario decision, and in
order to keep federal prosecution consistent across the country,
ordered that all other charges laid in that period be stayed, said
McLellan.

"We want to take a position across Canada that is consistent with the
position we've taken in Ontario... and to ensure fair and equitable
treatment."

Anyone who was convicted on a marijuana possession charge laid during
that time can seek an appeal, said McLellan, and the department's
decision on the charges would be "taken into account."

For the past month, federal prosecutors across were under orders to
allow anyone charged during the window to put off entering their plea
until after Justice Canada decided how to deal with the charges.

McLellan was quick to point out, however, that possession of marijuana
without a valid medical exemption is still considered illegal in
Canada, and charges laid before or after Oct. 7 will be prosecuted
normally.

Simple possession involves amounts of less than 30 grams of marijuana,
or up to one gram of marijuana resin.

In Grande Prairie, the average sentence for first-time simple
possession offenders is a fine ranging from $100-$200, depending on
the presiding judge.

A bill that would decriminalize marijuana possession is being
considered by the federal Liberals. The legislation would make
marijuana possession an offence similar to a speeding ticket, with a
fine but no criminal record.