CLARIFY MARIJUANA LAW

Justice James Greco is doing the right thing in Sault Ste. Marie by
declining to accept guilty pleas or to conduct trials on charges of minor
marijuana possession.

Greco took his stance Dec. 20 and said on Thursday he would maintain it if
a Windsor judge accepted a defence argument that possession of a small
amount of marijuana is not an offence in Ontario.

At about the same time Greco was making the comment in Sault Ste. Marie,
Ontario Court Justice Douglas Phillips did indeed throw out a possession
charge in Windsor. Phillips agreed with defenders of a 16-year-old that the
government needs to pass a new law prohibiting marijuana after the current
one was struck down by the Ontario Court of Appeal two years ago.

The appeal court gave the federal government a year to revamp the law
before the existing law would become invalid in Ontario. Although Justice
Minister Martin Cauchon has said he intends to decriminalize possession of
less than 30 grams, the law is still in limbo.

Phillips's decision is not binding on other judges, but as Greco noted in
the Sault, it's not unusual for trial courts to adjourn matters, sometimes
for months, awaiting decisions from appellate courts on important issues of
law.

Federal prosecutor Wayne Chorney is awaiting instructions from the federal
department of justice, but expects he will be told to stay charges in the
interim or adjourn them for the next month or so. He doesn't disagree with
Greco, saying Phillips's decision has "created a real flux, a real element
of uncertainty in the province."

In fact, it is the federal government that is responsible for the
uncertainty. Legislators were given reasonable time to get their act in
order, and have failed to do so.

The longer they delay, the longer we will see turmoil. Not only are the
courts hamstrung, but individuals who have been charged will keep squirming
until we decide whether or not they should be branded criminals.

As Greco put it, "The most chilling effect of (simple possession being
declared not an offence) would be that already hundreds or thousands of
people in Ontario, including residents of this city as well, have been
convicted of having committed non-existent criminal offences."

Chorney estimates 75 to 100 such cases are awaiting disposition in the
Sault. If that's so, the number convicted locally in the past could be huge.

Criminal records have profound effects on individuals' personal lives and
careers. Courts have little choice but to wait until the situation is
clarified.

Calling for decriminalization isn't the same as supporting legalization.
Most Canadians likely would want firm controls to continue, but penalties
for simple possession were grossly disproportionate with the harm caused to
society.

The government has to put this question on the front burner. Legislators
ought to remove the criminal label to end the unfair suffering, but
whatever they decide they should decide soon.