N.S. JUDGE'S POT POSSESSION RULING TO BE APPEALED

HALIFAX (CP)- The federal Crown is appealing a Nova Scotia judge's ruling
there is no valid law in place governing simple possession of marijuana.

A spokesperson for the Justice Department said yesterday adjournments would
also be sought in pot possession cases in Nova Scotia and Prince Edward
Island, where a similar ruling was recently made, until the appeal is heard.

"As far as the Crown is concerned, the law remains as it always was," said
spokesperson Glenn Chamberlain.

"It's appropriate that we appeal the decision and it's appropriate in the
meantime that we don't go forward with other cases. Otherwise, they'd be in
the same position."

Last month, a provincial court judge in Dartmouth, N.S., stayed charges
against Paula Clarke, who was accused of possessing a small amount of
marijuana.

Citing similar stays in Prince Edward Island and Ontario, Judge Flora Buchan
said citizens in Ontario and P.E.I. are unlikely to be convicted of simple
possession, so people in Nova Scotia deserve equal treatment.

The controversy began in 2000 when the Ontario Court of Appeal ruled federal
drug laws violated the rights of a man who smoked pot for medical reasons.
The court gave Parliament one year to revamp the law.

A Commons committee recently recommended people be allowed to possess up to
30 grams of marijuana without risking criminal penalties.

Federal Justice Minister Martin Cauchon welcomed the recommendation by
saying he intends to decriminalize simple possession but many are skeptical
of actual reforms.

Chamberlain said unless the law changes, it is business as usual for police
and prosecutors.

"The Crown's position is that this provision of the Controlled Drugs and
Substances Act remains in effect and is enforceable," he said.

"That's the principal thing we want people to know. Our contention is that
the law remains in effect and is enforceable."

Chamberlain said about 400 marijuana possession cases are heard in Nova
Scotia court each year.

He said the Nova Scotia and P.E.I. stays were based on an Ontario ruling
that is under appeal and has no jurisdiction elsewhere. The two Maritime
provinces are the only provinces to issue stays since the Ontario ruling.

"In our view, the law remains in effect," Chamberlain said.

A date for the appeal has yet to be set but Chamberlain hopes it will be
dealt with quickly because of the volume of cases it will affect.