OTTAWA APPEALS JUDGE'S MARIJUANA RULING

Until Decision, Drug-Busting As Usual, Officer Says Experts See Signs
Pot Laws in Canada Are Relaxing

The federal government moved quickly yesterday to quell uncertainty
over Canada's drug laws by appealing Thursday's Ontario Court ruling
that threw out a marijuana charge on a technicality.

"We were aware of the uncertainty the decision created so we thought
we'd move as quickly as possible," said federal Justice Department
spokesperson Jim Leising.

Leising said the appeal was "expedited" after Justice Douglas Phillips
sided Thursday with lawyer Brian McAllister and his client, a Windsor
teen who was charged last April with possession of marijuana.

Phillips tossed the charge after McAllister argued that Ottawa has not
yet fixed a loophole that effectively invalidates Canada's drug laws
when it comes to cases involving 30 grams of marijuana or less.

That loophole emerged two years ago when Terry Parker, an epileptic
who uses marijuana to ease his symptoms, won the right to possess pot
in a landmark decision from the Ontario Court of Appeal.

Ottawa's response to the Parker ruling was to introduce the Medical
Marijuana Access Regulations, which are supposed to allow qualified
applicants to use marijuana for medical reasons.

But McAllister successfully argued that rather than using regulations
to close the loophole and allow marijuana's medicinal use, the
government ought to have instead drafted a whole new statute.

The regulations in question are also the subject of a constitutional
challenge in Toronto by a group of medical marijuana users who say
their right to choose their own form of treatment is being violated.

Notwithstanding Thursday's ruling, the act is still the law of the
land in Canada and police will proceed as usual with laying charges,
Leising said.

But he conceded the Ontario judgment has created "potential for it to
be followed" by enforcement officials and the courts.

Leising said McAllister was served Friday with the government's
intention to appeal, and said the case will likely be heard in
Superior Court in Windsor within the next 30 days.

Crown prosecutors handling similar cases involving small amounts of
marijuana are being asked to consent to delays in hearings until after
the appeal is heard, he added.

But Leising disagreed with the suggestion that the pursuit of drug
offences involving marijuana is on hold in Canada.

"We haven't given any direction to police to not continue to enforce
the law," Leising said.

McAllister said he's received numerous e-mails and calls from other
lawyers who want to use the same invalid-law argument to defend clients.

"It's getting to the point where we'd all be well served to just have
everything held in abeyance until the appeal is heard," McAllister
said.

"Once the appeal court hears this case, at that point it will have
wide-ranging implications, at least in Ontario."

A Toronto police spokesperson said it'll be pot-busting business as
usual, at least until the appeal court makes a decision.

"We can't change the way we do business based on one judge's
position," Sergeant Robb Knapper said.

"As far as I can see, it's business as usual, so if we find someone
committing an offence and there are grounds to lay a charge, I'm sure
(police) will do so."

Legal experts and marijuana advocates alike heralded Thursday's ruling
as another sign that Canada's pot laws are relaxing.

Many said they believe it signals the beginning of the end for
Canada's prohibition against possessing small amounts of the drug.

Last month, a Commons committee recommended Canada bring in
legislation decriminalizing marijuana use, meaning possession of small
amounts would result in nothing more than a fine and no criminal record.

In an earlier report, a Senate committee called on Ottawa to legalize
pot altogether.