ONTARIO POLICE ARE IN A FOG OVER POT LAWS

Chiefs Tell Officers Not To Charge Anyone Found In Possession Of Less Than
30 Grams

The marijuana-possession law is such a befuddling mess that Ontario police
chiefs threw up their hands yesterday and told their officers to cease
charging anyone with the country's most common drug offence.

In statements that at times read as if they were dictated through gritted
teeth, the province's police chiefs called upon the federal government to
get its act together and quickly clarify whether possessing less than 30
grams of marijuana remains a Criminal Code offence.

"While the federal government has been unduly preoccupied with the
introduction of legislation to decriminalize the simple possession of
marijuana, police officers in Ontario are currently in a position of
uncertainty with regard to whether simple possession of marijuana is an
offence at all," said Toronto Police Chief Julian Fantino in a statement.

Representatives of the Ontario Association of Chiefs of Police said they
were similarly baffled, and stated that it is not in the interest of public
safety to provide "safe havens" from prosecution for simple possession of
marijuana.

Marijuana advocates say the reality of the law is as cut and dried as the
product -- a series of recent court decisions has effectively obliterated
marijuana-possession laws in Ontario. Judges no longer convict anyone of
the offence. Thus, possessing small amounts of pot is legal.

But senior Justice Department officials called this state of affairs
"highly undesirable." They are seeking to appeal recent rulings and
reinstate the prohibition.

The federal government has introduced a bill that would replace the
criminal charge with fines. But the legislation has yet to pass Parliament,
and it may not do so soon.

Amid the legal confusion, the best interim measure Ontario police chiefs
can come up with is to tell their officers to use their judgment. The
chiefs said that officers should confiscate small amounts of pot and
document such seizures in case the offence becomes clearly illegal again
and charges can be laid.

Robin Ellins, owner of the Friendly Stranger marijuana-paraphernalia store
in downtown Toronto, called that policy "ludicrous."

"It's kind of hypocritical. You either don't deal with it or you do deal
with it."

In interviews, defence lawyers suggested yesterday that there is no longer
any basis in Ontario law for police to seize small amounts of pot, and
added the people might consider suing officers who do so.

Although 11 million Ontarians live in a climate of de facto legalization,
the situation could be reversed by the courts at any moment, and what could
happen outside the province could depend on where you live.

For example, Vancouver police said that the simple marijuana-possession law
has become such a low priority it has almost ceased to exist. Yet,
representatives of the RCMP and municipal police forces -- including those
of Winnipeg, Halifax, Montreal, Calgary and Saskatoon -- said yesterday
that as far as they know, the law is on the books and they will enforce it.

Some police chiefs expressed sympathy for the plight of their Ontario
colleagues. "I don't blame them," said Calgary Police Chief Jack Beaton.

"It's their courts, and I would be saying the same thing if this was our
court rulings here in Alberta."