CITY POLICE WON'T LAY POT CHARGES, CHIEF SAYS

No one will be charged with possession of a small amount of marijuana in
Brockville until the courts clear up confusion around the province's pot
laws, Police Chief Barry King said Monday.

He called on the federal government to act immediately on the "urgent" matter.

King announced Monday police will simply document their investigation of
cases of possession of less than 30 grams - about an ounce - of pot. They
won't seize the drugs, make an arrest or lay a charge.

The chief has sought legal advice and concluded city police have no other
option but to "grit their teeth" and wait for the courts.

To do otherwise would invite public complaints and civil lawsuits but the
chief fears the consequences of doing nothing are serious, too.

"I'm afraid young people on the fence will try it - because nothing will
happen to them," he said.

"(The federal government) had a year to clarify it - they didn't do it.
It's null and void right now."

The chief hopes Brockville won't see the blatant behaviour that's appeared
elsewhere - such as pot users blowing smoke in police officers' faces,
confident they won't face charges.

"I hope it doesn't happen here - it's been happening in other cities," King
said. "It's not an offence."

Police will be taking names when they discover pot but King believes that
people caught now likely won't face charges later on, although that will
have to be confirmed by federal prosecutors.

Police forces across Ontario have been pondering a Windsor judge's May 16
ruling that possession of less than 30 grams of marijuana is no longer a
crime in Ontario. Lawyers from the federal Department of Justice will seek
a stay as early as today.

If they're successful, it will be business as usual for city police. If
not, pot charges will be on hold until the Ontario Court of Appeal rules.

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

King, the chairman of the Canadian Centre on Substance Abuse, supports the
proposal to make possession of small quantities of pot punishable by a
fine, not a criminal sanction. He has argued for more money for prevention,
training to help police detect drivers whose ability to operate a vehicle
may be impaired by drugs and for discretion to charge people with small
quantities in some circumstances, such as on-duty emergency services workers.

But the problem won't be cleared up by proposed legislation that would
punish possession of small quantities of marijuana - less than 15 grams -
with a ticket instead of a criminal record, King said.

Debate over reforming the nation's drug laws had already created confusion,
now compounded by the Windsor judge's decision. Across Ontario, police are
declining to lay charges. In court, simple possession charges are being
delayed or thrown out outright.

"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.