SAULT, AREA POLICE STOP LAYING POSSESSION CHARGES

Officers Will Continue To Investigate, Confiscate Drugs

Local News - Local enforcement agencies, getting conflicting messages from
Ottawa, have stopped laying possession charges for small amounts of marijuana.

"The big issue with police officers is if they arrest somebody and it's
deemed not to be an offence, there could be a liability issue," said chief
Bob Davies of the Sault Ste. Marie Police Service.

"If we go and arrest somebody (for marijuana possession) and if the courts
make a ruling that it's not a criminal offence, we could be in a civil suit."

The Ontario Association of Chiefs of Police called on the federal
government in a June 5 release to clarify whether simple possession of
marijuana is an offence. The Sault-based association advised officers to
meanwhile "use discretion" for less than 30 grams, seizing it and
documenting the incident "with a view to possibly instituting a charge
following the clarification of the law."

An Ontario Court Justice threw out a Windsor teen's drug charges Jan. 2,
ruling there was no legal basis to ban simple possession since Ottawa
failed to comply with a July 2000 order to create new pot laws.

The Crown appealed but Superior Court Justice Steven Rogin ruled May 16
that possessing less than 30 grams is no longer illegal in Ontario.

Ontario judges have since been either dropping charges or adjourning trials.

"Judges are all over the place," said federal prosecutor Martin Pawelek
Tuesday, after Ontario Court Justice James Greco refused his request for an
adjournment on a marijuana possession charge, quashing it instead.

On Tuesday, an Ontario Court of Appeal Justice expedited the federal
Justice Department's appeal but refused a request to stay the decision. A
stay would have prevented judges from following Rogin's precedent.

Whatever the outcome, Pawelek said judges require direction to ensure
"consistency of application" across the province.

Clouding the issue is proposed federal legislation that would eliminate
criminal penalties for simple possession of marijuana. Under the bill, up
to 15 grams would be a ticketed offence that carries no criminal record.

"It's confusing, I'm sure, to most people. It's just a matter of timing
that these appeals are coming up at the same time that the government is
amending the legislation," Pawelek said.

"If the Court of Appeal overrules the Superior Court decision in Windsor,
then at least we'll know where we stand, subject to the new legislation
being passed."

Pending appeal, he said he has noticed "a definite slowdown" in possession
charges over the last couple of weeks.

Ontario Provincial Police are following the OACP directive, processing
information and "holding off on laying of charges depending on how the
ruling goes," said the Sault detachment commander, Supt. Wes Moore.

City police are not laying charges "regardless of the quantity" unless
obvious trafficking is involved, said Davies, who also called the federal
Crown's office Monday for further direction.

"If it's simple possession, we're not going to cut it off at 15 or 30 grams
. . . Right now, it's kind of open what's a small amount and whether it's a
criminal offence," he said.

"We'll not arrest but we'll seize the narcotics, get the name and address
and process without charges, so that way we have the ability to lay charges
once this whole thing is once and for all straightened out."

The head of the local Joint Forces Drug Unit, comprised of city police, OPP
and others, said the new direction doesn't substantially change their work,
since "definitely the bulk" of drugs seized in the Sault is cannabis resin,
or hash oil, which is not affected.

"We're continuing as usual," said acting Det. Sgt. Tom Kovacs.

"We're to seize any marijuana and conduct an investigation, however we're
not to lay charges until there is a definitive law in Ontario."