ROGIN STAY DENIED

Appeal of a Teen's Pot Acquittal Should Be Rushed Through Courts, Judge Rules

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 said Tuesday.

An Ontario teenager's pot possession charges were thrown out of court
on Jan. 2 when a judge 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 ruling was appealed but on May 16, Superior Court Justice Steven
Rogin upheld the decision. The lawyer who challenged the law on behalf
of his 17-year-old client said at the time the ruling "effectively
erased the criminal prohibition on marijuana possession from the law
books in Ontario."

On Tuesday, the federal Justice Department sought to stay the
precedent-setting decision until another appeal could be heard but
Justice Louise Charron denied the motion. She did, however, order an
expedited appeal of the case to ensure that Canada's cluttered
marijuana laws can be clarified.

Attorneys were aiming for late July to assemble a panel of judges and
begin the appeal.

Since Rogin's decision, judges and justices of the peace have been
dismissing or adjourning cases involving small amounts of marijuana.
Police officials in Ontario have said they will not lay any charges
for possession under 30 grams until the legal situation can be clarified.

Rogin's decision came about two weeks before the Liberal government
announced it was moving to eliminate criminal penalties for simple
possession of marijuana, hoping to have the legislation passed by the
end of the year.