JUDGE RULES CANADA'S POT POSSESSION LAWS UNCONSTITUTIONAL

Pubdate: Fri, 13 Jul 2007
Source: Canadian Broadcasting Corporation (Canada Web)
Copyright: 2007 CBC
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JUDGE RULES CANADA'S POT POSSESSION LAWS UNCONSTITUTIONAL

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."

This is great news! Where did you find this Bob?

I can't wait to hear the follow up.

Good News for the Guy involved..
I bet the Judgement is overturned, simply because too not do so
would leave the law looking like an ass and everybody up on poss charges
could quote the ruling too defend themselves.
I wouldnt like too call it but i could see the government over turning the ruling
myself but good news for the Guy!....Lucky man...for now..

Good luck from Ireland Drought

Thank goodness for right minded people with the courage to act! :jointsmile:

BTW BobBong, check out the documentry "in pot we trust" if you haven't yet it is amazing. Oh, and are you ready to invest in the "HempHouse" yet? :thumbsup:

So it's been two weeks and the prosecutors haven't appealed... pot is decriminalized until further notice cross-Canada, right? So says cannabisculture.com, anyways.

very interesting, I hope he wins. 3.5g's though? for $45? Sounds a bit inflated to me.

ONE STEP CLOSER !!!!

I wish the US legal system worked like this.

Quote:

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Originally Posted by Blindman0v0

I wish the US legal system worked like this.

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So do we.:jointsmile:

Any news on the appeal?

Ditto???...Any News?....Like i said above for the courts too let slip on this one would be a serious mess. Anyone cought in Canada could legaly argue that if this guy was let off they should be too. im no lawyer but im sure Legaly youd have an argument....

Get back too us Bob

Drought

I read an article in the newspaper yesterday that had Stephen Harper talking about how Canada was cracking down on marijuana harder than ever. There've been a lot of busts in Winnipeg lately, including my cousin. :(