THREE MORE POT POSSESSION CASES STAYED IN SUMMERSIDE

Three more men had charges of pot possession against them stayed in
Provincial Court in Summerside Wednesday, as the Crown awaits higher court
rulings. Friday, Judge Ralph C. Thompson had stayed a simple possession of
marijuana charge against a 19-year-old man in the court. Thompson ruled it
wouldn't be fair to prosecute him when Ontarians have immunity from the
same charge.

In his decision, 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 marijuana possession charges
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 currently under appeal. And in a Wednesday interview, counsel
with the Federal Prosecution Service confirmed its intention to appeal
Judge Thompson's ruling.

Gordon Scott Campbell explained the Crown has to 30 days to file notice of
appeal and it expected to do so "soon".

As appeals run their course, he said 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.

A stay means the proceedings have stopped, not been thrown out. Campbell
noted the Crown has a year to decide whether or not to lift stays it
imposes and proceed.

When asked on what basis the Crown would appeal Thompson's ruling, Campbell
said: "At the moment we are still examining the judgement. Fundamentally,
the grounds of the appeal are that the stay imposed by his honour, Judge
Thompson, was an error in law."

Specifically, Campbell said the Crown would argue the Ontario cases should
not apply here.

Courts in one province don't have to follow those in other provinces, but
they typically take their rulings under advisement.

Drug possession laws across the country all 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.

Campbell said the appeal of Thompson's ruling would still proceed even if
the Crown wins the appeal in Ontario. But he suggested winning the Ontario
appeal would have "strong persuasive value" for other cases.

He added that other Provincial Court judges in P.E.I. aren't bound by
Thompson's ruling and could decide cases differently.

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

Campbell stressed the ruling refers only to simple possession of marijuana
charges. Charges for trafficking, possession for the purpose of trafficking
and cultivation, for instance, would still proceed.

The pot possession charges stayed by the Crown in Summerside Wednesday --
which included one against a man who didn't show up for court and would
normally have a warrant issued for his arrest -- could proceed if the Crown
wins its appeals.

For his part, Judge Thompson commended the Crown for taking the approach to
stay charges under the circumstances and until higher courts can render
decisions.

"I think it's the fairest approach that can be taken," the judge said.