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PRESS RELEASE - Ontario Consumers for Safe Access to Recreational Cannabis
305-20 Welsford Gardens Toronto, Canada M3A 2P5
Contact: Tim Meehan, Communications Director phone: 416-854-6343 fax: 253-484-4421 e-mail: tim@ocsarc.org web: www.ocarc.org
June 5, 2003 FOR IMMEDIATE RELEASE TORONTO POLICE OBEYING ONLY LAWS THEY AGREE WITH IT?
TORONTO - Ontario Consumers for Safe Access to Recreational Cannabis (OCSARC) is pleased to learn that Toronto Police Service Chief Julian Fantino is directing his officers to follow the law, at least partially, regarding cannabis prosecutions. However, OCSARC is concerned about Chief Fantino's statement that officers, while not laying charges, will still seize the now legal herb just in case a higher court overturns this ruling, which is not guaranteed to happen.
"Search and seizure laws are quite clear: you may only be detained and lawfully searched on suspicion of committing a serious offence," said Tim Meehan, OCSARC's Communications Director. "This new policy could open the Toronto force to a wide range of liability for illegal search and seizure for possession of a substance which is legal under law according to the courts. Seizing joints and taking names just in case the law is re-enacted on appeal smacks of sour grapes, and could be a financially painful lesson for the police - and for Toronto ratepayers," Meehan continued. "The Toronto Police Service is currently covered under an insurance policy which has a $2,000,000 deductible, meaning awards under that amount would be borne entirely by the City of Toronto."
In a press release, Fantino said that "It is not in the public interest to allow safe havens from prosecution for possession of marihuana to exist within Canada." Meehan responded by saying that "Justice Steven Rogin has ruled that there is no cannabis possession law. Chief Fantino is entitled to his opinion on what the public interest is, and perhaps, if he feels strongly enough about this issue, he should run for office and work to create a new law. Until such time, however, his job, as Chief of Police, is a law enforcement role, and right now, there is no cannabis law in Ontario for him and his officers to enforce. We encourage anyone who has had their cannabis illegally seized from them by the Toronto Police Service, or any other police service in Ontario, to contact OCSARC regarding information on legal remedies, such as lawsuits."