POT APPEAL SET FOR NOV. 25

Judge's Stay Of Possession Charges Throws System Into Chaos - Crown

A judge's decision that questioned the validity of charging someone for
possessing under 30 grams of marijuana will be appealed this fall.

On Thursday, Justice Elizabeth Roscoe of the Nova Scotia Court of Appeal
set aside Nov. 25 for the appeal, which may become moot if Canada's laws
over marijuana possession change before then.

November was the earliest the Appeal Court could hear this case.

In March, Dartmouth Provincial Court Judge Flora Buchan stayed a possession
charge against Paula Clarke, 29, of Minesville Halifax County.

Judge Buchan followed the lead of judges in Ontario and Prince Edward
Island, who granted similar stays arguing the country's marijuana laws are
unclear.

Judge Buchan questioned whether it's an abuse of the court process to
permit the federal Crown to prosecute drug matters that have been stayed in
three provinces.

Since the Clarke decision, there have been at least three decisions from
provincial courts in other provinces that have rejected the reasoning of
Judge Buchan and another judge, federal Crown prosecutor Paul Riley told
Justice Roscoe.

"The concern that the Crown raised in the lower courts here was that by
simply concluding that differences in interpretation of the law amount to
unenforceability of the law would thrust the whole country into legal
chaos," Mr. Riley said.

"I don't think that it necessarily makes a difference that the government
is considering different policy options in the future.

"We're dealing here with an offense that is alleged to have occurred and
that case hasn't made its way through the courts."

Judge Buchan subsequently stayed at least five similar cases - including
one the Crown was going to send to an adult diversion program.

At the Nov. 25 hearing, the Crown may appeal those stays as well.

Ken Greer, a Nova Scotia Legal Aid lawyer, recently retained by Ms. Clarke,
suggested it's premature to set an appeal date without first seeing if the
legislation is going to be introduced.

But Mr. Riley said there's a need to have this case heard as soon as possible.

Federal Minister Martin Cauchon announced Wednesday that he will introduce
a bill the last week of May to reform marijuana laws and decriminalize
possession of small amounts of the drug.

Under the new regime, jail terms and criminal records for people convicted
of possession of small amounts of pot would be eliminated. Instead, they
would receive fines, and the offense would be treated in much the same
manner as a traffic violation.

However, the bill will also boost penalties for growers and traffickers.

The federal Crown is continuing to seek adjournments on simple pot
possession charges in Nova Scotia until the Clarks decision is decided.