Skip to main content

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

Comments

Popular posts from this blog

LIVE IN THE NOW. FOR NOW

  “ Look up into the Universe and show your perception of your God that you are grateful and humbled for this gift of existence, of life it very self. “ Remember, we are merely mortal and our existence is an ever changing blueprint of the pathway we choose to walk at this moment of our lives. We will face many choices and we walk many pathways   as we wander through this road we call “ life “. “ We are genetically spiritually nomadic. “ Forever seeking the “ why “, “ where ” and “when”, often neglecting the “ here “, “ now ” and “ why not “ The past has left us. The future is yet to arrive. In reality, we live right now. Enjoy the  “now”. Think fondly about the past. Have positive hope for tomorrow. And ……….. “ LIVE ” in the now Before it fades I nto the past. (LDV 06/29/2025) “Positivity is Cancer’s nemesis.”

Hey America, Sorry To Say, But …….

  I have been told that 1 percent of the American people are running the asylum formerly known as “ The United States of America “. So, what are the other 99 percent doing? A few lame protests? You all remained silent even when both Trump and Musk openly admitted to rigging the electoral computers in Pennsylvania. You all allowed the fascist rapist to STEAL the Presidency from Harris.  You have stood by and allowed your newly appointed Dictator to commit crime after crime.  I remember a time when the American people actually stood up for their CONSTITUTIONAL RIGHTS. Protests accomplish nothing and only fuel the nutjob’s ego. Now look at the mess you have created!!! Every member of Trump’s administration  is corrupt and and should be arrested and JAILED! He purposely has put incompetent people in charge of key positions across all government departments and programs to create multiple chaotic disarray and confusion. No Dictator in history has ever given up their power...