JUDGE RULES MEN CAN BE TRIED FOR MARIJUANA POSSESSION

A Moose Jaw provincial court judge has ruled that prosecution of marijuana
possession laws can proceed against three men.

Merv Shaw of the Legal Aid Commission challenged possession laws under the
Charter of Rights and Freedoms, citing recent decisions in the Ontario
Court of Appeal, and courts in Quebec and P.E.I. Shaw asked that all
marijuana possession charges be given a judicial stay.

But Judge David Orr, in the first challenge of marijuana possession laws
reported in Saskatchewan, ruled he couldn't do it.

Since there was no "evidentiary foundation" presented to him with regard to
Shaw's clients, and Orr declined to take judicial notice of the cases that
were presented as part of the argument, Orr ruled there was no evidence to
make findings of fact that were necessary to follow one of the cases.

"The only alternative would seem to be the (to me) unpalatable one of
ignoring the normal rules of criminal law because of the allegedly
overriding importance of the controversy surrounding the marijuana
possession laws," Orr ruled. But under any "normal legal rules" Orr knew,
it was impermissible to adopt findings of fact from the case that was in
the Ontario Supreme Court.

"Based upon the specific arguments raised, and as of this moment, I rule
that the marijuana possession laws are fully in force in Saskatchewan," Orr
ruled. "The prosecutions of the three accused persons in this matter will
proceed."

After reading the ruling, Shaw said he was "disappointed" with the decision.

"It seems to me that the application of the Criminal Code of Canada
shouldn't be a lottery, where you win in some provinces and lose in
others," said Shaw.

He adjourned all of his clients' matters until April 22.

Cpl. Brent Mackie of the criminal investigations section of the Moose Jaw
Police Service agrees with Orr's ruling.

"I think it's the right decision as far as the police outlook on it," said
Mackie. "I think we're happy about it."