JUDGE BACKS FAST APPEAL TO CLARIFY POT RULING

TORONTO (CP) -- The appeal of a precedent-setting marijuana acquittal
should be rushed through the justice system so the courts can have a clear
answer on the drug's legality, a judge ruled yesterday. Ontario Court of
Appeal Justice Louise Charron expedited the appeal of a teenager's pot
acquittal but refused a federal justice department request to stay the May
16 court decision.

The stay would have prevented judges in Ontario -- and perhaps across
Canada -- from following a new precedent set by Superior Court Justice
Steven Rogin.

"It wasn't the acquittal we were seeking to have stayed so much as the
effect of Justice Rogin's order, which has been interpreted by many (that)
there is no prohibition against possessing marijuana (in Ontario)," said
Justice Department spokesperson Jim Leising.

"We were hoping a stay would clarify the situation and have the effect of
ensuring that our view is correct, namely that there still is a prohibition
against possessing marijuana."

But Charron said she was "baffled" by the "unprecedented" motion by the
Crown and said she lacked the jurisdiction to block the precedent set by
Rogin's verdict.

The teen's drug charges were thrown out of court on Jan. 2 when Ontario
Court Justice Douglas Phillips ruled there was no legal basis to ban simple
possession of the drug, since Ottawa failed to comply with a July 2000
order to create a new law dealing with marijuana.

The Crown appealed but Rogin upheld the ruling, effectively taking
marijuana laws off Ontario's books.

"Today is a clear signal that Justice Rogin's decision is, for now, the law
of the province, which judges in trial courts have to apply," said Brian
McAllister, the lawyer representing the Ontario teenager.

"I think a lot of judges were hesitant to throw out charges in anticipation
of this hearing, but today's decision should certainly have an impact on
what people do from now on."

Following Rogin's decision, judges and justices of the peace dropped
marijuana possession charges or adjourned trials until the Crown's upcoming
appeal could be heard.

Police in Ontario also said they would not lay any charges for possession
under 30 grams until the legal situation could be clarified.

Leising said yesterday's motion and the Crown appeal are less about going
after pot users and more about clarifying the courts' take on the law.