MOVE QUICKLY TO ADDRESS VOID

Canadians confused about how - or if - the law deals with simple possession
of marijuana will no doubt agree with an Ontario appeal court judge who
said this week the justice system should move quickly to deal with the
appeal of a precedent-setting acquittal in order to get a clear ruling on
the drug law.

That was the view of Ontario Court of Appeal Justice Louise Charron, who
moved along the appeal of an acquittal in a marijuana possession case.
However, she refused a federal request to stay a Superior Court judge's
ruling last month upholding a decision made by an Ontario Court justice in
Windsor last January to toss out drug charges against a teen.

The Windsor judge concluded there was no legal basis to ban simple
possession of marijuana, since the federal government hadn't complied with
an order to come up with a new law dealing with marijuana.

The issue is currently under review by the federal government with the
objective of decriminalizing possession of less than 15 grams (about half
an ounce) of marijuana.

The fallout from the Windsor case and the decision subsequently being
upheld in Superior Court is that an increasing number of police forces in
Ontario, including the Brockville Police Service, are refusing to lay
charges in cases of simple marijuana possession. The departments want
governments to sort out the rules covering minor drug offences.

"As a chief of police, parent and grandparent, I am very concerned over
this regrettable void which has developed," said Brockville Police Chief
Barry King. "This is a matter of national significance affecting public
safety and public confidence in the justice system."

That's what happens in the absence of a law or any other kind of
regulation, a situation the courts or the elected legislature should
address with dispatch.

"I am concerned that in the interim, this situation is undermining public
confidence in the integrity of the criminal justice system and most
certainly sending confusing and conflicting messages to our citizens, in
particular our youth," King said.

The federal government should move to assure the law remains in place while
also proceeding with its proposed amendments to decriminalize possession of
less than 15 grams of marijuana and make it an offence punishable by a fine.

There are many issues in the debate, which, it bears repeating, is about
decriminalization, not legalization of simple marijuana possession.

It's about relaxing the law as far as criminal sanctions on simple
possession, not tossing it out entirely.