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Newsbrief:
Canadian
Government
to
Appeal
BC
Marijuana
Legalization
Ruling
9/26/03
The Canadian federal justice
department will appeal a British Columbia provincial court judge's ruling
that there is no valid law against marijuana possession in the province
(https://stopthedrugwar.org/chronicle-old/303/bccourt.shtml).
The September 4 ruling by Judge Patrick Chen followed similar rulings by
courts in three other Canadian provinces, but unlike the Ontario ruling
in particular, which was made by the highest court in the province, Chen's
ruling is not binding on other BC judges. Neither do BC prosecutors
and police consider the law to be invalidated at this point, also unlike
Ontario, where police have conceded they have no power to arrest simple
pot possessors.
Lyse Cantin, the federal
justice department's BC spokesperson, announced September 18 that prosecutors
have filed a notice of appeal. That news was greeting warmly by BC
Marijuana Party (http://www.bcmarijuanaparty.org)
head Mark Emery, who told the Vancouver Sun Chen would prevail. "That's
a good thing for everyone, I would think. It'll be appealed to BC's
Supreme Court and they'll rule in the favor of the judge." Chen's
ruling, he said, was "ironclad."
All of the provincial court
rulings vacating marijuana possession laws stem from a 2000 Ontario Court
of Appeal ruling holding the marijuana laws invalid because they failed
to provide for medical users and giving parliament a year to act.
It didn't, and the courts did. Chen is the latest jurist to agree
that "Section 4 of the Controlled Drugs and Substances Act, as it applies
to marijuana, ceased to be valid legislation after July 31, 2001."
-- END --
|
Issue #304, 9/26/03
Editorial:
Patients vs. Prosecutors |
Pain Doctor Arrests
Provoke Backlash -- Group Urges FDA to Stop Cooperating With Justice Department |
Cheryl Miller
Memorial Project Does DC |
Hawaii Meth Mania:
Drug Summit, Media Push Target "Ice" |
Playing It Smart:
Sensible Seattle and the Winning of I-75 |
Newsbrief:
Dr. Hurwitz Indicted, Jailed in Campaign Against Pain Doctors |
Newsbrief:
MAPS-Sponsored Ecstasy Research Wins Final FDA Approval |
Newsbrief:
Rio de Janeiro Jails Stuffed With Drug Offenders |
Newsbrief:
UN Warns Stimulants "Public Enemy Number One," Cites Flawed Science, Attacks
"Liberalization" |
Newsbrief:
This Week's Corrupt Cops Story |
Newsbrief:
Cannabis Tolerance Showing Up in India |
Newsbrief:
Canadian Government to Appeal BC Marijuana Legalization Ruling |
Newsbrief:
Drug War Sparking Death Squad Killings Again in Philippines |
Newsbrief:
Ashcroft Says No Plea Bargains in Latest Bid to Send America to Prison
Forever |
Newsbrief:
Mandatory Minimum Sentences Unfair, Says Supreme Court Justice |
This Week
in History |
Current Action
Alerts: Medical Marijuana, Plan Colombia, HEA, Ashcroft's Attack
on Judicial Discretion |
Perry Fund
Accepting Applications for 2003-2004 and 2004-2005 School Years, Providing
Scholarships for Students Losing Aid Because of Drug Convictions |
Errata:
Last Week's Corrupt Cops Story |
The Reformer's
Calendar
|
This issue -- main page
This issue -- single-file printer version
Drug War Chronicle -- main page
Chronicle archives
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