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Lit_Match

Judge rules Canada's pot possession laws unconstitutional
07-13-07|CBC News

A Toronto judge has ruled that Canada's pot possession laws are unconstitutional after a man argued the country's medicinal marijuana regulations are flawed.

The 29-year-old Toronto resident had been charged with possession of about 3.5 grams or roughly $45 dollars worth of marijuana.

The man has no medical issues and doesn't want a medical exemption to smoke marijuana. In 2001, Health Canada implemented the Marijuana Medical Access Regulations, which allow access to marijuana to people who are suffering from grave and debilitating illnesses.

In court, the man argued that the federal government only made it policy to provide marijuana to those who need it, but never made it an actual law. Because of that, he argued, all possession laws, whether medicinal or not, should be quashed.

The judge agreed and dismissed the charges.

"The government told the public not to worry about access to marijuana," said Judge Howard Borenstein. "They have a policy but not law.… In my view that is unconstitutional."

Defence lawyer Brian McAllister, who represented the man, said the ramifications of the ruling have potential to be "pretty big."

"Obviously, there's thousands of people that get charged with this offence every year," he said.

McAllister said Ontario residents charged with possessing marijuana now have a new defence.

"That's probably why the government will likely appeal the decision," he said.

Borenstein has given prosecutors two weeks before he makes his ruling official. Prosecutors told CBC News they want a speedy appeal to overturn the decision.

"For the time being, nothing changes," Toronto police spokesman Mark Pugash said about how the force deals with marijuana possession. "We have to wait and see what happens with the process through the courts."

 

reggie_the_dog

This is great, cannabis was legal for an entire summer because of a simillar ruling a couple of years ago. Great news for Canada.

DarkPhoenix

Im Not Sure If Your Referring To France Or Canada But It Wasnt Legal For A Summer In Canada, If Anything It Was Decriminalized, And That Wasnt Even The Case... The Canadian Governmnt Was In A Big Debate Over The Use Of Marijuana, The Legalization And Possibly Regulating It, All The Parties In The Governement Couldnt Decide Which Way To Go, So For A Few Months Concidentally During Summer, Anything Under 28 Grams Was Excused.... Thats What I Remember From That Year, If Anyone Else From Canada Can Share A Little Knowledge, It Would Be Appreciated

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So is this what they call another endless night? Im tired of believing if this is wrong or right...I think this cause is lost. I wish that i could sleep,I feel like some kind of shadow,Another slave to the weak. Imagine if we lived under the weather, We would never be found never discoverd. If everything goes wrong, If theirs one more endless night you know thier always tomorrow........ - Alexisonfire

matrixrips

Actually, in the summer of 2003, Marijuana was legalized for a couple months, and you are correct somewhat on what is excused here for possession. We are almost to the point of decriminalization but not yet. Anything under 28g is, as long as you give your stash right away, a 50-300 ticket, anything over that amount you will be charged with Drug Trafficking. I'm glad that Canada is at least recognizing that Marijuana is not a hard drug and should be separated from that category and become legalized. The study for this year if it was legalized is a profit of $6.8 Billion for the Government. Thats pretty damn good money!

sterbo

Moving forward?

Yes. Another positive step

No. The timing could be a lot better; P.M. Stephen Harper is a throwback to the likes of the old U.S. Drug Czar, Barry McCaffery...
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matrixrips

Very true...Stephen Harper is a throwback