P.E.I. JUDGE REFUSES TO OK POT CHARGE

Cites Similar Cases Thrown Out In Ontario

SUMMERSIDE, P.E.I. -- A Prince Edward Island judge has stayed a teen's
marijuana possession charge, ruling it would be unfair to prosecute him when
other Canadians have immunity from the same charge.

Provincial Court Judge Ralph C. Thompson stayed the proceedings against the
19-year-old after considering cases in Ontario.

The teen was charged with possessing 30 grams or less of marijuana in the
fall.

In his decision, the judge explained an Ontario Court of Appeal ruling,
known as the Parker decision, effectively struck down the law that prohibits
simple possession.

In July 2000, that court said the possession of marijuana charge under the
Controlled Drugs and Substances Act violated the rights of Terry Parker of
Toronto, by preventing him from legally accessing marijuana for medicinal
reasons. The court gave Parliament a year to revamp its laws.

In January, 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 by filling the legislative void. That case remains under
appeal.

Thompson ruled that Canadians are entitled to an even-handed approach by
federal prosecutors, and until Parliament or higher courts dictate
otherwise, simple possession charges will not proceed in his court.