Monday, December 15, 2008

Court still prohibits marijuana possession





Court still prohibits marijuana possession

Shannon Kari, National Post
Published: Thursday, December 11, 2008

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.

skari@nationalpost.com

Monday, December 8, 2008

Industrial Disease

Industrial disease, that's the problem.

Society has an industrial disease - and in their industrious way they have hurriedly trampled everything before them to get to what they believe they needed. Like dollar days at WalMart, they stampeded through anything in the path between points A and B..

Next time you are sitting on your porcelain throne, constipated from all the additives in your diet, ponder this, "What percentage of the planet is either laid barren or covered in concrete by man?" I would have said 'mankind',, but, unfortunately, humans are not that 'kind' to their surroundings or fellow animals.

In this space/time continuum, Mother Earth is but a child. Bear in mind that She was here long before we darkened Her doorstep and thereby that makes humankind younger still, freshly crawled from Her womb.

And we have become a very spoiled bunch of brats. We claim that we are the superior species on this Big Blue Marble.

This is an untruth! The falsity of this is that there are no other species here who can inform us that we are NOT the supreme species here.

A bird can communicate with a mouse, dolphins can communicate with whales, even the lowly cockroach can communicate with other species - 'mankind' can barely communicate with themselves. I am sure if we all could speak in the tongue of a rat we would realize that we are the 'neighborhood bully' - that child the others really do not want to play with, but do so out of fear.

It is the time of man whereas we should overstand that "WE" are the reason the planet is in such peril. That all the disappearing species of animals and plants alike and the poisoning of the oceans is the fault of man.

In latter days we respected what we were so blessedly gifted. We honoured Her, we loved Her and co-existed with Her in unison.

More importantly,,,,,,,,,,,,we GAVE BACK TO HER! In our so-called 'Modern' age, we just keep taking and taking and the sole item we give back to the Earth is our waste. Tsk, tsk, tsk, what bad little children we have been!

The media announces that we are becoming a "GREEN" society and in a way we are. One must bear in mind that our becoming green is also in it's infancy and will take many many years to perfect. Maybe even too long - that will be up to Mother Earth and the Cosmic Muffin to decide.

The state of the planet's affairs is easily visualized by comparing it to breaking a limb. It takes but a second to break, but it can take months, if even possible, to heal and repair.

So, today, and everyday, when you give your praise and thanks to that which you overstand as your Creator, pray that our species band together and make haste of our waste and repair the destruction we leave in the wake of our quest to be the dominant species on this beautiful globe.

There is no need for a "dominancy" in this plain of reality. Far - far - far more greatness will and soon shall be acquired by becoming, as all other living creators and vegetation lives, one with the realm of energy we all call existence.

Peace - my good friends - Peace.

Namaste