POT CASES SET ASIDE

Simple possession of marijuana cases in Central Alberta are being adjourned
following directives from Justice Canada.

John Lee, a federal Crown prosecutor in Red Deer, said Saturday that the
directive was made in light of an Oct. 7 Ontario Court of Appeal decisions
that between July 30, 2001, and Oct. 6, 2003, the law prohibiting
possession of cannabis was constitutionally invalid because it didn't
contain a valid medical exemption.

Lee said that Central Alberta federal prosecutors started consenting to
adjournments shortly after the Ontario appeal court decision.

Lee and lawyers from his firm handle federal Crown prosecutions for an area
between Camrose and Didsbury and border to border.

Lee didn't know the number of cases that will be put on hold in his
jurisdiction but said there are thousands of outstanding cases across the
country.

"There's a temporary halt on prosecution of them until the federal
government decides what they want to do about this appeal decision," Lee said.

Maureen McLellan, Prairie region spokeswoman for Justice Canada, said new
instructions to all prosecutors were sent out in the last few days.

She said because of the uncertainty in light of the Ontario decision, if an
accused wishes to adjourn their marijuana possession case until after Dec.
5, the Crown will agree.

The final decision is up to the judge, but if the Crown and the defence
agree to an adjournment, the judge will generally adjourn the matter, she said.

"If an accused still wants to proceed with their matter, then the Crown is
prepared to proceed," McLellan said.

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

Justice Canada is reviewing the Ontario decision and has 60 days until Dec.
5 to launch an appeal.