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Federal Crown to appeal Nova Scotia ruling on simple marijuana possession

By: Steve Macleod, Canadian Press, 04/08/03

HALIFAX (CP) - The federal Crown is appealing a Nova Scotia judge's ruling that there is no valid law in place governing simple possession of marijuana.

A spokesman for the federal Justice Department said Tuesday that adjournments would also be sought in pot possession cases in Nova Scotia and Prince Edward Island, where a similar ruling was recently made, until the appeal is heard. "As far as the Crown is concerned, the law remains as it always was," said spokesman Glenn Chamberlain. "It's appropriate that we appeal the decision and it's appropriate in the meantime that we don't go forward with other cases. Otherwise, they'd be in the same position."

Last month, a provincial court judge in Dartmouth, N.S., stayed charges against Paula Clarke, who was accused of possessing a small amount of pot.

Citing similar stays in Prince Edward Island and Ontario, Judge Flora Buchan said citizens in Ontario and the Island are unlikely to be convicted of simple possession, so people in Nova Scotia deserve equal treatment.

The controversy began in 2000 when the Ontario Appeal Court ruled that federal drug laws violated the rights of a man who smoked pot for medical reasons. The court gave Parliament one year to revamp the law.

A Commons committee recently recommended that people be allowed to possess up to 30 grams of marijuana without risking criminal penalties.

Federal Justice Minister Martin Cauchon welcomed the recommendation by saying he intends to decriminalize simple possession, but many are skeptical of actual reforms.

Chamberlain said that unless the law changes, it is business as usual for police and prosecutors.

"The Crown's position is that this provision of the Controlled Drugs and Substances Act remains in effect and is enforceable," he said.

"That's the principal thing we want people to know. Our contention is that the law remains in effect and is enforceable."

Chamberlain said about 400 marijuana possession cases are heard in Nova Scotia each year.

He said the Nova Scotia and P.E.I. stays were based on an Ontario ruling that is under appeal and has no jurisdiction elsewhere. The two Maritime provinces are the only provinces to issue stays since the Ontario ruling.

"In our view, the law remains in effect," Chamberlain said.

A date for the appeal has yet to be set, but Chamberlain hopes it will be dealt with quickly because of the volume of cases it will affect.