BACK OFF ON POT, COPS TOLD

They Are Being Advised Not to Lay Charges for Possession of Less Than
30 Grams.

TORONTO -- Police in Ontario are being advised to no longer lay
charges for simple possession of marijuana under 30 grams until the
law is clarified by either the courts or the federal government.
"We're asking the chiefs . . . to advise their officers to show
discretion when they're dealing with these things," Tom Kaye,
president of the Ontario Association of Chiefs of Police, said yesterday.

"If it's under 30 grams, process them in accordance with your
department's policy procedure, lock the drugs in the vault, do up all
the paperwork that would be required and then wait until we see what's
going to happen from the appeals court."

Although officers have been advised not to lay charges, Kaye said that
doesn't mean Ontario residents can openly carry marijuana without fear
of being arrested.

"These individuals may well be charged down the road," he said.

Charges would depend on the outcome of a Justice Department appeal of
a Superior Court ruling last month that the existing possession law is
no longer valid.

On May 16, a Windsor judge ruled possessing less than 30 grams of pot
is no longer against the law in Ontario.

In London, the decision prompted federal prosecutors to stay dozens of
charges of possession of less than 30 grams of pot.

Justice Department spokesperson Jim Leising said yesterday a motion to
stay the Windsor decision will be made in the Ontario Court of Appeal,
perhaps as early as Tuesday.

If the motion is passed, the existing pot laws would be enforceable
pending the appeal.

"We're appealing it because we think there is a valid prohibition
against possessing marijuana," Leising said.

"We essentially agree that the law is in a state of confusion at the
moment, and we need to have some clarity and certainty."

The Justice Department will also file a motion to expedite the
appeal.

"We're ready to go as soon as the court says they'll hear us," Leising
said.

The Ontario Association of Chiefs of Police said the interim decision
to not lay charges is a reaction to unclear messages from the courts
and the federal government.

"What we're finding, in some cases, the courts are either adjourning
the matters until either the appeal court has been heard, but in other
ones they're actually just throwing the charges out," Kaye said.

"At this stage of the game, we're kind of wondering where this exactly
is going."

Last week, the federal government tabled legislation that would
continue to make possession of marijuana illegal. However, someone
caught with less than 15 grams would be fined instead of receiving a
criminal record.

"We have a huge concern with that legislation," Kaye said. "Despite
the federal government's assertion that it's business as usual, it's
not business as usual in the province of Ontario if we can't get the
courts onside."

But Leising said the Justice Department doesn't believe what's
happening in the courts is related to Ottawa's move to decriminalize
small amounts of marijuana.

"They're being a little bit disingenuous," Leising said of the
police.

"This was just a technical point taken by the judge in Windsor long
before decriminalization came down. The two issues aren't really related."

Toronto police indicated yesterday they would heed the new
directives.

"Police . . . will not lay charges of simple possession," Chief Julian
Fantino said.