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News (Media Awareness Project) - CN NS: Legal Status Quo For Now
Title:CN NS: Legal Status Quo For Now
Published On:2003-05-28
Source:Halifax Herald (CN NS)
Fetched On:2008-01-20 06:04:07
LEGAL STATUS QUO FOR NOW

Until parliament enacts legislation decriminalizing simple possession of
marijuana, federal prosecutors will continue to pursue cases, seeking
adjournments wherever possible to prevent a backlog of appeals, says a
federal Justice department spokesman.

"The crown...deals with the law as it exists now, and until we are told
otherwise and until new changes or amendments come into
effect...(prosecutors) have to go on current information because nobody
knows what will happen," Glenn Chamberlain, the department's Atlantic
region, said Tuesday.

"But under Canadian law, when a punishment or a penalty is reduced by a new
law, a person (still before the courts) who was charged before the law came
into effect is entitled to the benefit of change in the punishment."

Where appropriate, federal prosecutors in Nova Scotia will continue to
refer first-time offenders to diversion programs.

Since March, Dartmouth Provincial Court Judge Flora Buchan has stayed six
simple possession cases. The Crown will appeal those stays Nov. 25 in the
Nova Scotia Court of Appeal.

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.

The Crown has requested between 30 and 35 adjournments since March. A
number of people have also pleaded guilty.

"That's not indicative of the number of arrests that are made.

There are other ways that marijuana issues are handled,' Mr. Chamberlain said.
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