COPS ADVISED TO CAN POT CHARGES

TORONTO (CP) -- 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 basically 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, lob 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. "

The advice made waves among Ottawa police rank and file yesterday but no
official comment was released. Police Chief Vince Bevan is expected to
issue a statement today.

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.

Police are being told to process people found in possession of marijuana,
then keep the incident on record.

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Superior Court ruling last month that the existing possession law is no
longer valid.

'VALID PROHIBITION'

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

Justice Department spokesman Jim Leising said yesterday a motion to stay
that 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 (is), in some cases, the courts are either adjourning
the matters until 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.