STAY OF POT POSSESSION CHARGE IN SUMMERSIDE OFFICIALLY UNDER APPEAL

The federal Crown has officially launched an appeal of a judge's decision
to stay a possession of marijuana charge in Summerside's Provincial Court.

March 14, Judge Ralph C. Thompson stayed a simple possession of marijuana
charge against a 19-year-old Islander, ruling it wouldn't be fair to
prosecute him when Ontarians have immunity from the same charge.

The Crown filed its Notice of Appeal of that ruling at the P.E.I. Supreme
Court in Summerside Friday. The case will be heard by the P.E.I. Supreme
Court (Trial Division) at a date yet to be determined.

According to the Notice of Appeal, the Crown will ask the court to set
aside the stay of proceedings and order the matter to continue before
P.E.I.'s Provincial Court.

The documents describe the grounds of appeal as "that the Provincial Court
Judge hearing this matter erred in imposing a stay of proceedings for this
charge; and such further and other grounds as counsel may advise and this
Honourable Court may permit."

In his decision, Judge Thompson had referred to Ontario cases. In 2000,
that province's Court of Appeal said the possession of marijuana charge
violated the rights of Terry Parker, by preventing him from legally
accessing marijuana for medicinal reasons. The court gave Parliament a year
to revamp its laws.

In his ruling, Thompson said the Parker decision effectively struck down
the law that prohibits simple possession. And since lower Ontario courts
are bound by that decision, it means Ontarians essentially have immunity
from prosecution.

Jan. 2 this year, an Ontario court threw out a marijuana possession charge
against a 16-year-old on the basis Ottawa had not yet effectively dealt
with the Parker ruling and filled the legislative void. That case is also
currently under appeal.

Courts in one province don't have to follow the rulings of those in other
provinces, but they typically take them under consideration.

Drug possession laws across Canada come under the domain of the Federal
Crown. And Judge Thompson had ruled that the law should therefore be
applied the same across the country.

Gordon Scott Campbell of the Federal Prosecution Service was not available
for comment on the appeal this morning.

But in a previous interview, he discussed the Crown's intention to appeal.
He said the grounds for appeal would be that Judge Thompson's stay was an
error in law.

Specifically, he had explained the Crown would argue the Ontario cases
should not apply in this province.

Until the appeal runs its course, the Crown has been directed to either
direct stays on simple marijuana possession charges in the court or (where
the accused consents) adjourn the cases to a later date.

The Crown has already stayed several simple possession of marijuana charges
in Summerside Provincial Court.

Those cases too could proceed depending on the outcome of the appeal. Other
Provincial Court judges do not have to follow Thompson's ruling, Campbell
has pointed out.

Campbell has said the Crown has taken the position cases in other
Provincial Courts here should proceed where possible or be adjourned
pending the appeal.