OTTAWA TO FIGHT RULING ON POT

Acquittal Of Teen Opposed

OTTAWA -- The federal government has filed an appeal of an Ontario court
decision that ruled Canada has no laws forbidding the possession of small
amounts of pot.

Jim Leising, the justice department's director of prosecution for Ontario,
confirmed yesterday the feds are appealing so that the laws surrounding
possession of pot for recreational use will be clarified.

"We're hoping the appeal will be heard quickly," said Leising, who hopes
the Ontario Superior Court will hear the appeal within 30 days.

"Whatever uncertainty that was created by this judgment would be cleared
up, and that would mean everyone would be in agreement that the prohibition
against possession of marijuana is valid."

On Wednesday, Justice Douglas Phillips threw out charges against a
16-year-old Windsor teen, siding with the defence lawyer's argument that
there are no laws in Canada prohibiting the possession of 30 grams of pot
or less.

The defence also argued that the feds failed to deal with a two-year ruling
from the Ontario Court of Appeal that backed a man's right to smoke pot for
medicinal purposes.

Justice Minister Martin Cauchon said last month that he favours
decriminalizing possession of less than 30 grams of pot. He will bring in
new legislation to that effect by March.

Meanwhile, a handful of tokers lit up in Nathan Phillips Square yesterday
for a media stunt organized by fringe activist Tooker Gomberg.

"It's not hurting anyone. Drinking hurts people," said one woman.

As reporters and photographers watched about six people smoke joints,
Gomberg, wearing an orange fright wig, filmed the scene for his Internet
television show.

"How'd you recognize me?" asked Gomberg, who came a distant second to Mel
Lastman in the last mayoral election.