T
The420Guy
Guest
OTTAWA (CP) - Canada's highest court agreed today to hear a convicted
pot smoker's claims that federal marijuana laws are unconstitutional
because the drug is harmless.
Chris Clay, 30, the former operator of a hemp boutique in London, Ont., was
convicted in 1997 of drug possession and trafficking charges for selling
cannabis to an undercover police officer.
In Clay's original trial, Ontario Superior Court Justice John McCart
admitted he was convinced marijuana was harmless and caused no serious
mental or
physical damage.
But the judge ruled it would be up to Parliament to determine what's
illegal and said the drug charges didn't infringe on Clay's constitutional
rights.
That prompted Clay and lawyer Alan Young to seek leave to appeal their case to
the highest court in the land. As is customary, the Supreme Court gave no
reasons for its decision.
The case has become a flagship for marijuana users - many of whom sing the
praises of the drug's medicinal qualities - who want to see pot legalized.
Throughout their case, which was rejected by the Ontario Court of
Appeal in October 1999, Young has argued that marijuana has no more ill health
effects than many of the foods people eat.
Crown lawyers have countered that the absence of scientific proof of
marijuana's harmful effects does not mean the drug can be considered
completely
safe.
Nonetheless, since Clay first launched his challenge, Ottawa has
implemented extensive testing on the medicinal effects of marijuana, including
allowing a host of Canadians with serious illnesses to use the drug for
medicinal purposes.
The federal government first gave permission for the cultivation and
use of marijuana for medical purposes in June, granting special exemptions to
Jim Wakeford of Toronto and Jean-Charles Pariseau of Vanier, Ont., both of
whom
have AIDS.
Supporters of Clay's case hope Canada will eventually adopt the same
policies that exist in some parts of Australia, where people caught with small
quantities of marijuana pay a fine, but get no criminal record.
Date: Fri, 16 Mar 2001 11
41 -0800
From: "D. Paul Stanford" <stanford@crrh.org>
To: restore@crrh.org
Subject: Canada: Highest court to hear pot law challenge
Message-ID: <5.0.2.1.2.20010316113036.0470f750@mail.olywa.net>
pot smoker's claims that federal marijuana laws are unconstitutional
because the drug is harmless.
Chris Clay, 30, the former operator of a hemp boutique in London, Ont., was
convicted in 1997 of drug possession and trafficking charges for selling
cannabis to an undercover police officer.
In Clay's original trial, Ontario Superior Court Justice John McCart
admitted he was convinced marijuana was harmless and caused no serious
mental or
physical damage.
But the judge ruled it would be up to Parliament to determine what's
illegal and said the drug charges didn't infringe on Clay's constitutional
rights.
That prompted Clay and lawyer Alan Young to seek leave to appeal their case to
the highest court in the land. As is customary, the Supreme Court gave no
reasons for its decision.
The case has become a flagship for marijuana users - many of whom sing the
praises of the drug's medicinal qualities - who want to see pot legalized.
Throughout their case, which was rejected by the Ontario Court of
Appeal in October 1999, Young has argued that marijuana has no more ill health
effects than many of the foods people eat.
Crown lawyers have countered that the absence of scientific proof of
marijuana's harmful effects does not mean the drug can be considered
completely
safe.
Nonetheless, since Clay first launched his challenge, Ottawa has
implemented extensive testing on the medicinal effects of marijuana, including
allowing a host of Canadians with serious illnesses to use the drug for
medicinal purposes.
The federal government first gave permission for the cultivation and
use of marijuana for medical purposes in June, granting special exemptions to
Jim Wakeford of Toronto and Jean-Charles Pariseau of Vanier, Ont., both of
whom
have AIDS.
Supporters of Clay's case hope Canada will eventually adopt the same
policies that exist in some parts of Australia, where people caught with small
quantities of marijuana pay a fine, but get no criminal record.
Date: Fri, 16 Mar 2001 11
41 -0800From: "D. Paul Stanford" <stanford@crrh.org>
To: restore@crrh.org
Subject: Canada: Highest court to hear pot law challenge
Message-ID: <5.0.2.1.2.20010316113036.0470f750@mail.olywa.net>