Ganja Now Legal in Ontario!!!

DdC · 05-17-2003, 04:45 PM

Appeal Court judge rules that Canada's pot-possession laws are void. Marijuana advocates across Canada are celebrating a May 16 Ontario court decision, which effectively legalized possession in Canada's largest province.

On Friday, May 16, Ontario Summary Conviction Appeal Court Justice Steve Rogin upheld the lower court ruling of Justice Philips, concerning a case of pot possession in Ontario.

Justice Rogin agreed that the federal government had failed in its obligation to change the law to allow for medical use of marijuana, and so the entire law was void.

This decision is binding on Ontario's lower courts, which means that no-one can be convicted of pot possession in Ontario. This effectively means that marijuana is now legal in Canada's largest province.

It is expected that other Appeal courts across Canada will also ratify the decision. Related cases are making their way through the courts in at least four other provinces.

The federal government has appealed the case to Ontario's Court of Appeal. The next step would be to Ontario's Supreme Court.

The "decrim" legislation being contemplated by Canada's Liberal government will presumably be aimed at filling this void in Canada's pot laws.

Marijuana advocates are encouraging pot smokers in Ontario to enjoy their new-found freedom. "The people of Ontario should be celebrating this monumental victory!" said Marc Emery of the BC Marijuana party. "Anywhere you can smoke tobacco, they should be smoking marijuana."

History of the decision

It began in January in Windsor, Ontario, when lawyer Brian McAllister convinced Provincial Court Judge Phillips that Canada's cannabis laws no longer exist, and that his 16-year-old client should go free on charges of possession. In his ruling, Justice Philips agreed, adding that if a cultivation or trafficking case had been before him, he would have thrown out those charges as well.

McAllister's novel legal argument was based on a July 2000 court ruling relating to Canadian med-pot user Terry Parker. In the Parker ruling, Ontario's Supreme Court said that Canada's marijuana laws were unconstitutional because they didn't adequately address the needs of sick people who required pot. The court gave the government one year to change the law and provide medical access to marijuana, or the whole law against pot would be struck down.

One year later, the government had created new medical marijuana regulations, but didn't change the actual law. The difference, argued McAllister, is that regulations can be altered at the whim of Canada's top ministers, but laws require debate and a vote by parliament. The judge agreed, declared that the government had failed in its court-ordered legal obligations, and that therefore Canada's pot law was null and void.

Now that the Ontario Summary Conviction Appeal Court has upheld the decision, it is binding on all lower courts in Ontario. Although Ontario's higher courts could reverse the decision, right now there is no law against pot possession in Ontario.

Spreading freedom

The earlier decision from Ontario lower Provincial Court had already been reinforced by decisions in PEI and Nova Scotia. In PEI, the judge explained his reasoning as follows:

"All persons in the Province of Ontario, all 12 million of them, have acquired an immunity from prosecution for marijuana possession, which may be anything from short term to permanent. If this prosecution [in PEI] is permitted to continue, in effect it would be tantamount to a ruling that more than one third of the population of Canada is immune from prosecution while the residents of Prince Edward Island are not."

These court decisions also reveal the true purpose behind the Liberals' impending new pot "decrim" legislation. Their new law would overrule these court decisions, and so the government is expected to pass their new bill as quickly as possible, to fill in the legal void.

A more far-reaching Supreme Court challenge to Canada's marijuana laws was heard on May 6, and a decision is expected in the winter.

<a href="http://www.cannabisnews.com/news/thread16326.shtml" target="_blank">Mari juana Legal in Ontario</a>
Source: Cannabis Culture
Author: Dana Larsen and Reverend Damuzi
Published: May 16, 2003
Contact: ccmag@cannabiscultur e.com
Website: <a href="http://www.cannabisculture. com" target="_blank">http ://www.cannabisculture. com</a>
DL: <a href="http://www.cannabisculture. com/articles/2958.html" target="_blank">http ://www.cannabisculture. com/articles/2958.html</a>

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patriot · 05-17-2003, 04:57 PM

Ontario will soon have a big influx of people.

However, they may be bombed by the Amerikkans.

Sureshot · 05-17-2003, 05:29 PM

[quote]Originally posted by patriot:
<strong>However, they may be bombed by the Amerikkans.</strong><hr></blockquote>

Cynic...but funny!! .:laughs:.

Canada does always seem one step ahead of the states in terms of liberalisation. I put it down to the French influence! .:chuckles:.

germination · 05-17-2003, 06:00 PM

a boot

homer simpson · 05-17-2003, 08:16 PM

this is so cool. the politicians are caught napping so a few 'on to it' judges dump the ridiculous marijuana laws. ahh sweet justice

patriot · 05-17-2003, 08:43 PM

I wasn't joking about the bombing. However, if the Amerikkan Government declares war on Canada, I'll volunteer for the Canadian military. I am still a crack shot.

Cerpin Taxt · 05-17-2003, 09:24 PM

So, let me get this straight... Weed is legal in Ontario and its free to smoke anywhere, true or false?

rizlahemp · 05-17-2003, 09:53 PM

Metro, you stole my thoughts.

At the risk of sounding stoned (oh no!) is weed really LEGAL in ontario at this moment? What's the legalese on setting up coffee shops and similar establishments for the time being?

homer simpson · 05-17-2003, 10:17 PM

i fear all this will be just a momentary hiccup in the defining of decriminalisation in canada. it results from the gov's lack of speed in a court ordered redefinition of medical marijuana, so in two recent cases the judges have ignored the current laws. the latest one in ontario resulted in a judgement that because the law is 'no longer valid' possession of less than 30gms is legal , while the gov plans to make possession of 15gms or less legal. growers, dealers etc will still be fucked and this will benefit medical users only.
thats my non-legalese understanding of it anyway!
however marc emery is advocating smoking pot in ontario where-ever tobacco is being smoked and if i was there i'd sure as hell give it a try!!
there was med. MJ and pot-cafes in A-dam before it was 'legalised'!!

Lions & Christians (PB) · 05-17-2003, 11:06 PM

well the best of luck to you in canada.

I'd say now is the time to be doing bong rips on your roof.

If they do try to arrest you they better have to work for it.

paranova · 05-18-2003, 08:04 AM

congratulations my friends!!!!!!!!!

Cerpin Taxt · 05-18-2003, 10:26 AM

Alright, after further reading into this, pot really IS legal right now. Oh god, a dream come true!! Today I am going to celebrate by sparking a J in the most dangerous spot I can think of!! (Dangerous as in the worst spot to burn when it was illegal)

Roach · 05-18-2003, 01:45 PM

more power to em if in fact it is so..............

The American government will definately throw a shit storm about it ,if it isn't at least made illegal again in Ontario.

Don't forget , NAFTA is not written in stone ,in fact many people feel ,free trade with Canada and Mexico has hurt the American worker/economy.

Even more confusing are posts like this ,which imply something is 'so' ,regardless of whether the police in Ontario know it or not. The judges are as confused about marijuana laws ,as is the general population in Canada it would seem.

roach

owenadam · 05-24-2003, 08:12 AM

no no no, sorry y'all, just because you cant get convicted dosent mean its legal, for instance, speeding on the highway isnt legal, you'll stell get a ticket, but you wont get a criminal record, thats how decriminalization works, And as long as it's not legal, pigs can still hasstle you an take your shit if they want to, so nothings really been won. fuck it, it's as easy to get as ever, an plenty of nice places to burn in mississauga (toronto suburb) anyway, so meh, nothing lost, nothing gained

Rector of Desire · 05-24-2003, 11:46 AM

The point here right now though is that, at least temporarily, all laws regarding marijuana in Ontario are null and void, and as such, pot is, for all intents and purposes, legal. This will change shortly, no doubt, but as of right now - due to legal obligations the government has been dragging its feet on meeting - it's as good as legal in Ontario.

RoD

patriot · 05-24-2003, 04:39 PM

There may still be other laws to deal with, such as public display or sharing.

Yes, they have those stupid laws.

I'm not sure what the Ontario regulations are. It does sound as if they can no longer arrest or ticket you for possession. Definitely a step in the right direction.

05-25-2003, 01:16 PM

i wouldnt care if crack was legal in canada i still wouldnt go there.

Cerpin Taxt · 06-03-2003, 01:16 PM

[quote]Originally posted by dezzy533:
<strong>i wouldnt care if crack was legal in canada i still wouldnt go there.</strong><hr></blockquote>

Damn, and we were really looking forward to someone like you comin here!

05-17-2003, 04:45 PM	#1 (permalink)
DdC Decade Yahookan Join Date: Feb 1999 Location: Santa Cruz,CA,USA Posts: 2,117 Blog Entries: 5 Thanks: 51 Thanked 607 Times in 399 Posts	Ganja Now Legal in Ontario!!! Appeal Court judge rules that Canada's pot-possession laws are void. Marijuana advocates across Canada are celebrating a May 16 Ontario court decision, which effectively legalized possession in Canada's largest province. On Friday, May 16, Ontario Summary Conviction Appeal Court Justice Steve Rogin upheld the lower court ruling of Justice Philips, concerning a case of pot possession in Ontario. Justice Rogin agreed that the federal government had failed in its obligation to change the law to allow for medical use of marijuana, and so the entire law was void. This decision is binding on Ontario's lower courts, which means that no-one can be convicted of pot possession in Ontario. This effectively means that marijuana is now legal in Canada's largest province. It is expected that other Appeal courts across Canada will also ratify the decision. Related cases are making their way through the courts in at least four other provinces. The federal government has appealed the case to Ontario's Court of Appeal. The next step would be to Ontario's Supreme Court. The "decrim" legislation being contemplated by Canada's Liberal government will presumably be aimed at filling this void in Canada's pot laws. Marijuana advocates are encouraging pot smokers in Ontario to enjoy their new-found freedom. "The people of Ontario should be celebrating this monumental victory!" said Marc Emery of the BC Marijuana party. "Anywhere you can smoke tobacco, they should be smoking marijuana." History of the decision It began in January in Windsor, Ontario, when lawyer Brian McAllister convinced Provincial Court Judge Phillips that Canada's cannabis laws no longer exist, and that his 16-year-old client should go free on charges of possession. In his ruling, Justice Philips agreed, adding that if a cultivation or trafficking case had been before him, he would have thrown out those charges as well. McAllister's novel legal argument was based on a July 2000 court ruling relating to Canadian med-pot user Terry Parker. In the Parker ruling, Ontario's Supreme Court said that Canada's marijuana laws were unconstitutional because they didn't adequately address the needs of sick people who required pot. The court gave the government one year to change the law and provide medical access to marijuana, or the whole law against pot would be struck down. One year later, the government had created new medical marijuana regulations, but didn't change the actual law. The difference, argued McAllister, is that regulations can be altered at the whim of Canada's top ministers, but laws require debate and a vote by parliament. The judge agreed, declared that the government had failed in its court-ordered legal obligations, and that therefore Canada's pot law was null and void. Now that the Ontario Summary Conviction Appeal Court has upheld the decision, it is binding on all lower courts in Ontario. Although Ontario's higher courts could reverse the decision, right now there is no law against pot possession in Ontario. Spreading freedom The earlier decision from Ontario lower Provincial Court had already been reinforced by decisions in PEI and Nova Scotia. In PEI, the judge explained his reasoning as follows: "All persons in the Province of Ontario, all 12 million of them, have acquired an immunity from prosecution for marijuana possession, which may be anything from short term to permanent. If this prosecution [in PEI] is permitted to continue, in effect it would be tantamount to a ruling that more than one third of the population of Canada is immune from prosecution while the residents of Prince Edward Island are not." These court decisions also reveal the true purpose behind the Liberals' impending new pot "decrim" legislation. Their new law would overrule these court decisions, and so the government is expected to pass their new bill as quickly as possible, to fill in the legal void. A more far-reaching Supreme Court challenge to Canada's marijuana laws was heard on May 6, and a decision is expected in the winter. <a href="http://www.cannabisnews.com/news/thread16326.shtml" target="_blank">Mari juana Legal in Ontario</a> Source: Cannabis Culture Author: Dana Larsen and Reverend Damuzi Published: May 16, 2003 Contact: ccmag@cannabiscultur e.com Website: <a href="http://www.cannabisculture. com" target="_blank">http ://www.cannabisculture. com</a> DL: <a href="http://www.cannabisculture. com/articles/2958.html" target="_blank">http ://www.cannabisculture. com/articles/2958.html</a> Related Articles <a href="http://www.cannabisnews.com/news/thread16318.shtml" target="_blank">Stud y Finds No Sign That Testing Deters Drug Use</a> <a href="http://www.mapinc.org/cancom/32894a2a-6f49-401d-aeba-edb2196eab71" target="_blank">Fear s of more pot use appear groundless</a> <a href="http://cannabisnews.com/news/thread16321.shtml" target="_blank">No Laws Ban Possession of Marijuana</a> <a href="http://cannabisnews.com/news/thread16320.shtml" target="_blank">Mari juana Possession Law 'Erased'</a> <a href="http://cannabisnews.com/news/thread15703.shtml" target="_blank">Pot Laws Unconstitutional: Lawyer</a> <a href="http://cannabisnews.com/news/thread15092.shtml" target="_blank">Judg e Calls Marijuana Law Invalid</a> __________________ Al Capone and Watergate were red herrings to divert the countries attention from the Fascist acts of eliminating competition. Booze/Ethanol then Ganja//Hemp.

05-17-2003, 04:57 PM	#2 (permalink)
patriot Liar,Cheat,and Fraud Join Date: Apr 2001 Location: United States of Saudi Arabiaa Posts: 1,679 Thanks: 34 Thanked 154 Times in 103 Posts	Ontario will soon have a big influx of people. However, they may be bombed by the Amerikkans. __________________ A true patriot is always ready to stand up against his own government. We can't be using plants that come from the Lord for beneficial purposes. Now hurry up, or we'll be late for church. The bigger the lie, the more people will believe it.-Adolf Hitler Legalizing marijuana won't grow our economy-Barack Hussein Obama 2009

05-17-2003, 05:29 PM	#3 (permalink)
Sureshot Can't-Get-Right Join Date: Mar 2001 Location: Surrounded by the unimaginative Posts: 6,444 Thanks: 0 Thanked 19 Times in 16 Posts	[quote]Originally posted by patriot: <strong>However, they may be bombed by the Amerikkans.</strong><hr></blockquote> Cynic...but funny!! .:laughs:. Canada does always seem one step ahead of the states in terms of liberalisation. I put it down to the French influence! .:chuckles:. __________________ - The information in the above post is conjecture and the poster a figment of your imagination. - All images are computer generated or were taken in nations with forward thinking laws. o GrowFAQ o Add A Canna Grow Tip o Other Highs FAQ o Inquiring Minds FAQ o

05-17-2003, 08:16 PM	#5 (permalink)
homer simpson Old School Join Date: Jan 2003 Location: the refrigerator Posts: 190 Thanks: 0 Thanked 0 Times in 0 Posts	this is so cool. the politicians are caught napping so a few 'on to it' judges dump the ridiculous marijuana laws. ahh sweet justice __________________ I always wondered if there was a god. And now I know. There is, and its me.

05-17-2003, 08:43 PM	#6 (permalink)
patriot Liar,Cheat,and Fraud Join Date: Apr 2001 Location: United States of Saudi Arabiaa Posts: 1,679 Thanks: 34 Thanked 154 Times in 103 Posts	I wasn't joking about the bombing. However, if the Amerikkan Government declares war on Canada, I'll volunteer for the Canadian military. I am still a crack shot. __________________ A true patriot is always ready to stand up against his own government. We can't be using plants that come from the Lord for beneficial purposes. Now hurry up, or we'll be late for church. The bigger the lie, the more people will believe it.-Adolf Hitler Legalizing marijuana won't grow our economy-Barack Hussein Obama 2009

05-17-2003, 06:00 PM	#4 (permalink)
germination germinator Join Date: Mar 2003 Location: Sin City Posts: 742 Thanks: 0 Thanked 0 Times in 0 Posts	a boot

05-17-2003, 09:24 PM	#7 (permalink)
Cerpin Taxt Yahookan Zealot Join Date: Jun 2002 Location: Canada Posts: 7,213 Blog Entries: 1 Thanks: 843 Thanked 1,919 Times in 1,011 Posts	So, let me get this straight... Weed is legal in Ontario and its free to smoke anywhere, true or false? __________________ Step Back. Evaluate. Recognize. "All memory is really a form of regurgitation of undigested experience." -Alan Watts

05-17-2003, 09:53 PM	#8 (permalink)
rizlahemp Caulfield on Crank Join Date: Nov 2002 Location: InKy Posts: 129 Thanks: 0 Thanked 0 Times in 0 Posts	Metro, you stole my thoughts. At the risk of sounding stoned (oh no!) is weed really LEGAL in ontario at this moment? What's the legalese on setting up coffee shops and similar establishments for the time being?

05-17-2003, 10:17 PM	#9 (permalink)
homer simpson Old School Join Date: Jan 2003 Location: the refrigerator Posts: 190 Thanks: 0 Thanked 0 Times in 0 Posts	i fear all this will be just a momentary hiccup in the defining of decriminalisation in canada. it results from the gov's lack of speed in a court ordered redefinition of medical marijuana, so in two recent cases the judges have ignored the current laws. the latest one in ontario resulted in a judgement that because the law is 'no longer valid' possession of less than 30gms is legal , while the gov plans to make possession of 15gms or less legal. growers, dealers etc will still be fucked and this will benefit medical users only. thats my non-legalese understanding of it anyway! however marc emery is advocating smoking pot in ontario where-ever tobacco is being smoked and if i was there i'd sure as hell give it a try!! there was med. MJ and pot-cafes in A-dam before it was 'legalised'!! __________________ I always wondered if there was a god. And now I know. There is, and its me.

05-17-2003, 11:06 PM	#10 (permalink)
Lions & Christians (PB) former junky turned junky Join Date: Jul 2002 Location: evidently, here. Posts: 5,827 Thanks: 0 Thanked 15 Times in 3 Posts	well the best of luck to you in canada. I'd say now is the time to be doing bong rips on your roof. If they do try to arrest you they better have to work for it. __________________ The most dangerous drug on this planet has to be oxygen. A gateway drug to say the least, further more people use without even consideration, not consenting to moderation in the least, and dont even get me started on the withdrawels. the goal of alchemy is to turn lead into gold. to take a substance and combine it with another substance that makes it more than it's origenal worth. in this sense, you really need to start making bronze statues of your pharmacist or local chemist, for they have made gods own medicine, morphine, and in contrast, a shiney rock doesnt seem to compete.

05-18-2003, 08:04 AM	#11 (permalink)
paranova Old School Join Date: May 2003 Location: my pc Posts: 4 Thanks: 0 Thanked 0 Times in 0 Posts	congratulations my friends!!!!!!!!! __________________ http://www.webehigh.com/para/paranovasmall.jpg

05-18-2003, 10:26 AM	#12 (permalink)
Cerpin Taxt Yahookan Zealot Join Date: Jun 2002 Location: Canada Posts: 7,213 Blog Entries: 1 Thanks: 843 Thanked 1,919 Times in 1,011 Posts	Alright, after further reading into this, pot really IS legal right now. Oh god, a dream come true!! Today I am going to celebrate by sparking a J in the most dangerous spot I can think of!! (Dangerous as in the worst spot to burn when it was illegal) __________________ Step Back. Evaluate. Recognize. "All memory is really a form of regurgitation of undigested experience." -Alan Watts

05-18-2003, 01:45 PM	#13 (permalink)
Roach Victoria Aut Mors Join Date: Dec 1999 Posts: 7,166 Thanks: 2,368 Thanked 1,984 Times in 1,507 Posts	more power to em if in fact it is so.............. The American government will definately throw a shit storm about it ,if it isn't at least made illegal again in Ontario. Don't forget , NAFTA is not written in stone ,in fact many people feel ,free trade with Canada and Mexico has hurt the American worker/economy. Even more confusing are posts like this ,which imply something is 'so' ,regardless of whether the police in Ontario know it or not. The judges are as confused about marijuana laws ,as is the general population in Canada it would seem. roach __________________ לזיין את הקופים

05-24-2003, 08:12 AM	#14 (permalink)
owenadam Old School Join Date: Dec 2002 Location: Canada Posts: 36 Thanks: 0 Thanked 1 Time in 1 Post	no no no, sorry y'all, just because you cant get convicted dosent mean its legal, for instance, speeding on the highway isnt legal, you'll stell get a ticket, but you wont get a criminal record, thats how decriminalization works, And as long as it's not legal, pigs can still hasstle you an take your shit if they want to, so nothings really been won. fuck it, it's as easy to get as ever, an plenty of nice places to burn in mississauga (toronto suburb) anyway, so meh, nothing lost, nothing gained

05-24-2003, 11:46 AM	#15 (permalink)
Rector of Desire Narcoleptic Moonwalker Join Date: Mar 2002 Location: Van City Posts: 664 Thanks: 0 Thanked 1 Time in 1 Post	The point here right now though is that, at least temporarily, all laws regarding marijuana in Ontario are null and void, and as such, pot is, for all intents and purposes, legal. This will change shortly, no doubt, but as of right now - due to legal obligations the government has been dragging its feet on meeting - it's as good as legal in Ontario. RoD __________________ "I don't know that Atheists should be considered as citizens, nor should they be considered patriots. This is one nation under God." - President George Herbert Walker Bush "The illusion of freedom will continue as long as it's profitable to continue the illusion. At the point where the illusion becomes too expensive to maintain, they will just take down the scenery, they will pull back the curtains, they will move the tables and chairs out of the way and you will see the brick wall at the bac

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05-24-2003, 04:39 PM	#16 (permalink)
patriot Liar,Cheat,and Fraud Join Date: Apr 2001 Location: United States of Saudi Arabiaa Posts: 1,679 Thanks: 34 Thanked 154 Times in 103 Posts	There may still be other laws to deal with, such as public display or sharing. Yes, they have those stupid laws. I'm not sure what the Ontario regulations are. It does sound as if they can no longer arrest or ticket you for possession. Definitely a step in the right direction. __________________ A true patriot is always ready to stand up against his own government. We can't be using plants that come from the Lord for beneficial purposes. Now hurry up, or we'll be late for church. The bigger the lie, the more people will believe it.-Adolf Hitler Legalizing marijuana won't grow our economy-Barack Hussein Obama 2009

05-25-2003, 01:16 PM	#17 (permalink)
dezzy533 Guest Posts: n/a	i wouldnt care if crack was legal in canada i still wouldnt go there.

06-03-2003, 01:16 PM	#18 (permalink)
Cerpin Taxt Yahookan Zealot Join Date: Jun 2002 Location: Canada Posts: 7,213 Blog Entries: 1 Thanks: 843 Thanked 1,919 Times in 1,011 Posts	[quote]Originally posted by dezzy533: <strong>i wouldnt care if crack was legal in canada i still wouldnt go there.</strong><hr></blockquote> Damn, and we were really looking forward to someone like you comin here! __________________ Step Back. Evaluate. Recognize. "All memory is really a form of regurgitation of undigested experience." -Alan Watts

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