The prohibition against simple possession of marijuana has been upheld by an Ontario Superior Court judge, in a closely watched case that stemmed from the prosecution of Clifford Long, who was arrested by Toronto police with $40 worth of cannabis.
Justice Eva Frank overturned a decision by a lower court judge last year that found there was no valid restriction against possession of cannabis because of flaws with the country's medical marijuana regulations.
The lower court decision led to confusion about prosecuting simple possession cases in Ontario, said the federal government in its arguments before Judge Frank earlier this year.
The federal Crown argued that the present policies of Health Canada have resulted in enough marijuana for the nearly 2,000 people with medical certificates to possess the drug.
Judge Frank agreed with the arguments made by federal government lawyer Lisa Csele in the ruling issued this week. "Mr. Long has failed to establish that state conduct has infringed the interest of persons in medical need in obtaining a reasonable supply of marijuana," said the judge.
As a result, the prohibition against possession of marijuana is "still in force" and the medical regulations, including Health Canada's "supply policy" were found to be valid, explained Ms. Csele.
The ruling is the latest in a series of challenges to the country's marijuana possession laws based on the medical regulations.
The Ontario Court of Appeal ruled in 2003 that the federal government could ban possession of marijuana only if there was a legitimate supply for medical users. Health Canada responded by re-enacting three of the sections the appeal court said were unconstitutional.
This fall, the Federal Court of Appeal found that one of the new sections was again unconstitutional because it would not let designated producers grow for more than one medical user. The federal government is asking the Supreme Court to hear an appeal of that ruling.
Alan Young, a criminal law professor at York University in Toronto and one of the lawyers in the Federal Court case, suggested that the ruling by Judge Frank should be appealed.
There are significant problems with the current medical marijuana distribution scheme, which is why only 20% of medical users access their cannabis from the federal government, noted Mr. Young.
Judge Frank stated that the Charter of Rights does not impose a "positive obligation" on the state, only restrictions on its ability to deprive individuals of certain rights.
"That has never been the suggestion" by medical marijuana advocates said Mr. Young. The "ongoing waltz" of court cases in this area is to try to reduce restrictions on producing marijuana for medical users, instead of obtaining it from the government, he stated.
As for Mr. Long, he stated in court this summer that he did not care about his $40 marijuana charge or the implications of his case.
His lawyer, Corbin Cawkell, said may require some form of "public interest funding" if there is to be an appeal of the decision by Judge Frank.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: National Post
Author: Shannon Kari
Contact: National Post
Copyright: 2008 Canwest Publishing Inc.
Website: Court Still Prohibits Marijuana Possession
Justice Eva Frank overturned a decision by a lower court judge last year that found there was no valid restriction against possession of cannabis because of flaws with the country's medical marijuana regulations.
The lower court decision led to confusion about prosecuting simple possession cases in Ontario, said the federal government in its arguments before Judge Frank earlier this year.
The federal Crown argued that the present policies of Health Canada have resulted in enough marijuana for the nearly 2,000 people with medical certificates to possess the drug.
Judge Frank agreed with the arguments made by federal government lawyer Lisa Csele in the ruling issued this week. "Mr. Long has failed to establish that state conduct has infringed the interest of persons in medical need in obtaining a reasonable supply of marijuana," said the judge.
As a result, the prohibition against possession of marijuana is "still in force" and the medical regulations, including Health Canada's "supply policy" were found to be valid, explained Ms. Csele.
The ruling is the latest in a series of challenges to the country's marijuana possession laws based on the medical regulations.
The Ontario Court of Appeal ruled in 2003 that the federal government could ban possession of marijuana only if there was a legitimate supply for medical users. Health Canada responded by re-enacting three of the sections the appeal court said were unconstitutional.
This fall, the Federal Court of Appeal found that one of the new sections was again unconstitutional because it would not let designated producers grow for more than one medical user. The federal government is asking the Supreme Court to hear an appeal of that ruling.
Alan Young, a criminal law professor at York University in Toronto and one of the lawyers in the Federal Court case, suggested that the ruling by Judge Frank should be appealed.
There are significant problems with the current medical marijuana distribution scheme, which is why only 20% of medical users access their cannabis from the federal government, noted Mr. Young.
Judge Frank stated that the Charter of Rights does not impose a "positive obligation" on the state, only restrictions on its ability to deprive individuals of certain rights.
"That has never been the suggestion" by medical marijuana advocates said Mr. Young. The "ongoing waltz" of court cases in this area is to try to reduce restrictions on producing marijuana for medical users, instead of obtaining it from the government, he stated.
As for Mr. Long, he stated in court this summer that he did not care about his $40 marijuana charge or the implications of his case.
His lawyer, Corbin Cawkell, said may require some form of "public interest funding" if there is to be an appeal of the decision by Judge Frank.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: National Post
Author: Shannon Kari
Contact: National Post
Copyright: 2008 Canwest Publishing Inc.
Website: Court Still Prohibits Marijuana Possession
