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A 49-year-old man who tried to get his drug charges quashed by arguing marijuana possession laws were invalid for six years has filed an application with the Ontario Court of Appeal.
Mark MacDonald says the judged erred in her decision "on pretty well everything," he told The Examiner on Wednesday.
Earlier this month in Superior Court of Justice, Mr. Justice Cory A. Gilmore rejected any notion that marijuana possession had been deleted from the Controlled Drugs and Substances Act by a court ruling in 2000.
Gilmore, in a written decision, also agreed with the Crown that MacDonald had no standing to make such an argument in superior court and the "proper forum" is at trial in Ontario Court of Justice.
Gilmore dismissed the application "with prejudice."
"The application is prohibited from bringing any further application before the hearing of his trial on the substantive charges herein," she wrote.
MacDonald's case is still before the courts. He was charged with possession of marijuana for the purpose of trafficking and some firearms offences in December 2008.
MacDonald was charged before Health Canada approved him for a medical marijuana licence.
MacDonald was given another extension in court Wednesday. He told the judge he's still appealing to Legal Aid to let him to change lawyers.
Mr. Justice Robert Beninger told MacDonald he needs to bring written proof that he's filed an appeal with Legal Aid when he's back in court Nov. 24.
NewsHawk: MedicalNeed: 420 MAGAZINE
Source: thepeterboroughexaminer.com
Author: FIONA ISAACSON
Contact: Contact Us - Peterborough Examiner - Ontario, CA
Copyright:2010 , Osprey Media Publishing Inc
Website:Man plans to appeal marijuana possession ruling - Peterborough Examiner - Ontario, CA
Mark MacDonald says the judged erred in her decision "on pretty well everything," he told The Examiner on Wednesday.
Earlier this month in Superior Court of Justice, Mr. Justice Cory A. Gilmore rejected any notion that marijuana possession had been deleted from the Controlled Drugs and Substances Act by a court ruling in 2000.
Gilmore, in a written decision, also agreed with the Crown that MacDonald had no standing to make such an argument in superior court and the "proper forum" is at trial in Ontario Court of Justice.
Gilmore dismissed the application "with prejudice."
"The application is prohibited from bringing any further application before the hearing of his trial on the substantive charges herein," she wrote.
MacDonald's case is still before the courts. He was charged with possession of marijuana for the purpose of trafficking and some firearms offences in December 2008.
MacDonald was charged before Health Canada approved him for a medical marijuana licence.
MacDonald was given another extension in court Wednesday. He told the judge he's still appealing to Legal Aid to let him to change lawyers.
Mr. Justice Robert Beninger told MacDonald he needs to bring written proof that he's filed an appeal with Legal Aid when he's back in court Nov. 24.
NewsHawk: MedicalNeed: 420 MAGAZINE
Source: thepeterboroughexaminer.com
Author: FIONA ISAACSON
Contact: Contact Us - Peterborough Examiner - Ontario, CA
Copyright:2010 , Osprey Media Publishing Inc
Website:Man plans to appeal marijuana possession ruling - Peterborough Examiner - Ontario, CA
