Marijuana Possession Legal in British Columbia

**Home Wrecker** · 09-12-2003, 06:27 PM

by Marc Emery (11 Sept, 2003) BC follows Ontario and tosses pot laws

On September 4, 2003, following rulings in Ontario, a British Columbia Provincial Court declared there to be no marijuana possession law in effect.

The entire judgement is at: http://www.provincialcourt.bc.ca/jud...3/p03_0328.htm

But this is the essence:

Citation:
R v. Masse
Date:
2003 09 04

2003 BCPC 0328
File No:
62876-1
Registry: New Westminster

IN THE PROVINCIAL COURT OF BRITISH COLUMBIA

Criminal Division

REGINA
v.
KURTIS LEE MASSE

REASONS FOR JUDGMENT

OF THE

HONOURABLE JUDGE P. CHEN

[1] Kurtis Lee Masse stands charged on information 62876-1, that on or about the 21st day of February, 2003 at or near the City of New Westminster, he did unlawfully possess a controlled substance, to wit: Cannabis (marihuana), contrary to Section 4(1) of the Controlled Drugs and Substances Act. This is an application pursuant to section 601 of the Criminal Code of Canada to quash the information on the ground that it does not name an offence known to law as required by section 581(1) of the Code.

[2] The issue before me is simply this; is possession of cannabis (marihuana) an offence known to law in British Columbia?

[snip]

Disposition

[67] It follows therefore, that there is no offence known to law at this time for simple possession of marihuana. The application is allowed.

Regina v. Masse

http://www.cannabisculture.com/articles/3092.html

patriot · 09-12-2003, 07:34 PM

Go Canada!!!!!!

DdC · 09-14-2003, 08:15 PM

Westernmost province joins Ontario, PEI and Nova Scotia in ending prohibition.

Last September 4, Provincial Court Judge P Chen made a landmark ruling regarding marijuana laws in British Columbia. In his decision, Judge Chen said parts of the Controlled Drugs and Substances Act (CDSA) are "invalid" and that "there is no offense known to law at this time for simple possession of marijuana" in the province.

Judge Chen's decision was based on a series of court cases in Ontario that led a judge there to strike down marijuana possession laws in January of this year. It all goes back to medpot user Terry Parker's case before the Ontario Court of Appeal in July, 2000. In the Parker case, Judge Rosenberg ruled the CDSA's pot possession laws unconstitutional, but delayed the section's repeal for one year, giving the government time to change the law.

Rather than change the law, however, the Canadian government made medpot regulations, which it published one day before the one-year deadline. In January, 2003, Ontario Provincial Court Judge Phillips decided that regulations were not enough. Regulations can be changed easily by the cabinet, said the judge, unlike laws which require a democratic vote by parliament. Thus possession laws were struck down in Ontario.

Not long after, court cases in PEI on March 14 and Nova Scotia on March 31 upheld the Ontario court decision, and it seemed that prohibition would fall from sea to shining sea, but as the pro-pot dominos dropped across the prairies, the ultraconservative stronghold of Saskatchewan stood firm against enlightened change. In a pot-possession case in mid-April, Saskatchewan Provincial Court Judge Orr ruled that he simply didn't agree that regulations weren't enough to save the CDSA from the Parker ruling.

Then, when the first case challenging possession laws came to court in BC, Judge's predictably followed the Saskatchewan decision. On April 16, in a case titled R vs Nicholls, Provincial Court Judge Stansfield ruled that "It remains to be determined whether [medpot regulations] do or do not 'pass constitutional muster.'" Stansfield wanted to see what would develop in Ontario before making a decision.

Afterwards, R vs Nicholls was regularly cited by BC Provincial Court Judges in pot-possession cases – until this September 4 and Judge P Chen's ruling.

In his ruling, Judge P Chen's ruling pointed out that since R vs Nicholls, Ontario Court of Appeal Judge Rogin had upheld the decision to invalidate pot possession law on May 16. Judge Chen was the first BC judge to notice that the circumstances of the Nicholls ruling had changed. It was time to reassess the law.

Then Judge Chen made new rulings sure to shake prohibition to it's core. First he addressed the Parker case, in which judge Rosenberg ruled section 4 of the CDSA unconstitutional and gave the government a year to change the law. Previous judges have interpreted this to mean that the law could be "fixed" by giving medpot patients legal use of cannabis. However, Judge Chen showed that the law was actually struck down as unconstitutional after one year and needed to be replaced by new a law. The idea was that this new law should include access to medpot. Instead, the government wrote medpot regulations that didn't address pot-possession. So the government totally missed the mark.

If he "was wrong on this", Judge Chen was prepared to defend his ruling on other grounds. He quoted from the January 9,2003 Hitzig decision, in which judge Lederman found medpot regulations unconstitutional since they did not provide a legal supply of pot to patients who couldn't grow their own. Judge Lederman gave the government 6 months to fix the medpot regulations, by providing a legal supply, which the government did on July 8, 2003, one day before the deadline.

But it "came too late", ruled Judge Chen. In order for medpot regulations to fix the CDSA, they should have been fully and constitutionally enacted before the one year deadline of July 31, 2001, as set out in the Parker case.

Judge Chen's decision is not only more progressive than previous BC Provincial Court decisions, it also considers a wider and more up-to-date range of case law, and should set the standard for further decisions until the matter is decided in a higher court.

Regina v. Kurtis Lee Masse

URL: http://www.cannabisculture.com/articles/3093.html

Marijuana Laws Struck Down in British Columbia
Source: Cannabis Culture
Author: Reverend Damuzi
Published: September 12, 2003
Contact: ccmag@cannabiscultur e.com * Website

DdC · 09-14-2003, 08:22 PM

Judge Allows Marijuana Ruling To Stand

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Last Saturday he was arrested at the shop's opening and charged with possessing a quantity of cannabis resin and intent to supply. He says he will not sell cannabis, but will sell seeds and equipment to grow it, "magic mushroom" growing kits and legal intoxicating herbs.
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"Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is to tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger."
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"To oppose the policies of a government does not mean you are against the country or the people that the government supposedly represents. Such opposition should be called what it really is: democracy, or democratic dissent, or having a critical perspective about what your leaders are doing. Either we have the right to democratic dissent and criticism of these policies or we all lie down and let the leader, the Fuhrer, do what is best, while we follow uncritically, and obey whatever he commands. That's just what the Germans did with Hitler, and look where it got them."
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Puffman · 09-17-2003, 12:55 PM

Good news!
I used to live in Ontario, but now I am in Nova Scotia for university, I hope Nova Scotia follows next! Ah well, if I wanna smoke legally I can do it when I visit home in Ontario, until then, fuck tha police.

DdC · 09-19-2003, 01:50 AM

Feds File Notice To Appeal Over B.C. Judge's Ruling That Pot Law Invalid

Drug Czar Claims Canada is Too Lax

"They say you can't legislate morality. Well, you certainly can."
John Ashcroft Chicago Tribune May 25, 1998

tugboat complex · 09-21-2003, 09:05 PM

its encouraging to see that some countries are run by logical people.

09-12-2003, 06:27 PM	#1 (permalink)
Home Wrecker material boy Join Date: Dec 2001 Location: Ishmaelia Posts: 4,734 Thanks: 1,429 Thanked 787 Times in 394 Posts	Marijuana Possession Legal in British Columbia by Marc Emery (11 Sept, 2003) BC follows Ontario and tosses pot laws On September 4, 2003, following rulings in Ontario, a British Columbia Provincial Court declared there to be no marijuana possession law in effect. The entire judgement is at: http://www.provincialcourt.bc.ca/jud...3/p03_0328.htm But this is the essence: Citation: R v. Masse Date: 2003 09 04 2003 BCPC 0328 File No: 62876-1 Registry: New Westminster IN THE PROVINCIAL COURT OF BRITISH COLUMBIA Criminal Division REGINA v. KURTIS LEE MASSE REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE P. CHEN [1] Kurtis Lee Masse stands charged on information 62876-1, that on or about the 21st day of February, 2003 at or near the City of New Westminster, he did unlawfully possess a controlled substance, to wit: Cannabis (marihuana), contrary to Section 4(1) of the Controlled Drugs and Substances Act. This is an application pursuant to section 601 of the Criminal Code of Canada to quash the information on the ground that it does not name an offence known to law as required by section 581(1) of the Code. [2] The issue before me is simply this; is possession of cannabis (marihuana) an offence known to law in British Columbia? [snip] Disposition [67] It follows therefore, that there is no offence known to law at this time for simple possession of marihuana. The application is allowed. Regina v. Masse http://www.cannabisculture.com/articles/3092.html __________________ "I gyve unto my wief my second best bed" -line from Shakespeare's will

09-12-2003, 07:34 PM	#2 (permalink)
patriot Liar,Cheat,and Fraud Join Date: Apr 2001 Location: United States of Saudi Arabiaa Posts: 1,675 Thanks: 34 Thanked 149 Times in 100 Posts	Go Canada!!!!!! __________________ 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

09-14-2003, 08:15 PM	#3 (permalink)
DdC Decade Yahookan Join Date: Feb 1999 Location: Santa Cruz,CA,USA Posts: 2,088 Blog Entries: 5 Thanks: 47 Thanked 570 Times in 378 Posts	Marijuana Laws Struck Down in British Columbia Westernmost province joins Ontario, PEI and Nova Scotia in ending prohibition. Last September 4, Provincial Court Judge P Chen made a landmark ruling regarding marijuana laws in British Columbia. In his decision, Judge Chen said parts of the Controlled Drugs and Substances Act (CDSA) are "invalid" and that "there is no offense known to law at this time for simple possession of marijuana" in the province. Judge Chen's decision was based on a series of court cases in Ontario that led a judge there to strike down marijuana possession laws in January of this year. It all goes back to medpot user Terry Parker's case before the Ontario Court of Appeal in July, 2000. In the Parker case, Judge Rosenberg ruled the CDSA's pot possession laws unconstitutional, but delayed the section's repeal for one year, giving the government time to change the law. Rather than change the law, however, the Canadian government made medpot regulations, which it published one day before the one-year deadline. In January, 2003, Ontario Provincial Court Judge Phillips decided that regulations were not enough. Regulations can be changed easily by the cabinet, said the judge, unlike laws which require a democratic vote by parliament. Thus possession laws were struck down in Ontario. Not long after, court cases in PEI on March 14 and Nova Scotia on March 31 upheld the Ontario court decision, and it seemed that prohibition would fall from sea to shining sea, but as the pro-pot dominos dropped across the prairies, the ultraconservative stronghold of Saskatchewan stood firm against enlightened change. In a pot-possession case in mid-April, Saskatchewan Provincial Court Judge Orr ruled that he simply didn't agree that regulations weren't enough to save the CDSA from the Parker ruling. Then, when the first case challenging possession laws came to court in BC, Judge's predictably followed the Saskatchewan decision. On April 16, in a case titled R vs Nicholls, Provincial Court Judge Stansfield ruled that "It remains to be determined whether [medpot regulations] do or do not 'pass constitutional muster.'" Stansfield wanted to see what would develop in Ontario before making a decision. Afterwards, R vs Nicholls was regularly cited by BC Provincial Court Judges in pot-possession cases – until this September 4 and Judge P Chen's ruling. In his ruling, Judge P Chen's ruling pointed out that since R vs Nicholls, Ontario Court of Appeal Judge Rogin had upheld the decision to invalidate pot possession law on May 16. Judge Chen was the first BC judge to notice that the circumstances of the Nicholls ruling had changed. It was time to reassess the law. Then Judge Chen made new rulings sure to shake prohibition to it's core. First he addressed the Parker case, in which judge Rosenberg ruled section 4 of the CDSA unconstitutional and gave the government a year to change the law. Previous judges have interpreted this to mean that the law could be "fixed" by giving medpot patients legal use of cannabis. However, Judge Chen showed that the law was actually struck down as unconstitutional after one year and needed to be replaced by new a law. The idea was that this new law should include access to medpot. Instead, the government wrote medpot regulations that didn't address pot-possession. So the government totally missed the mark. If he "was wrong on this", Judge Chen was prepared to defend his ruling on other grounds. He quoted from the January 9,2003 Hitzig decision, in which judge Lederman found medpot regulations unconstitutional since they did not provide a legal supply of pot to patients who couldn't grow their own. Judge Lederman gave the government 6 months to fix the medpot regulations, by providing a legal supply, which the government did on July 8, 2003, one day before the deadline. But it "came too late", ruled Judge Chen. In order for medpot regulations to fix the CDSA, they should have been fully and constitutionally enacted before the one year deadline of July 31, 2001, as set out in the Parker case. Judge Chen's decision is not only more progressive than previous BC Provincial Court decisions, it also considers a wider and more up-to-date range of case law, and should set the standard for further decisions until the matter is decided in a higher court. Regina v. Kurtis Lee Masse URL: http://www.cannabisculture.com/articles/3093.html Marijuana Laws Struck Down in British Columbia Source: Cannabis Culture Author: Reverend Damuzi Published: September 12, 2003 Contact: ccmag@cannabiscultur e.com * Website

09-14-2003, 08:22 PM	#4 (permalink)
DdC Decade Yahookan Join Date: Feb 1999 Location: Santa Cruz,CA,USA Posts: 2,088 Blog Entries: 5 Thanks: 47 Thanked 570 Times in 378 Posts	Related Articles Judge Allows Marijuana Ruling To Stand Marijuana Legal in Ontario No Laws Ban Possession of Marijuana .................... .................... ............. Drug Shop Officially Opens A cannabis campaigner will officially open a shop selling drug paraphernalia on Saturday despite previous attempts being thwarted by police. Jeffrey Ditchfield has been trading from his store called 'The Beggar's Belief' in Water Street, Rhyl for the past seven days. Last Saturday he was arrested at the shop's opening and charged with possessing a quantity of cannabis resin and intent to supply. He says he will not sell cannabis, but will sell seeds and equipment to grow it, "magic mushroom" growing kits and legal intoxicating herbs. Read More... http://www.cannabisnews.com/news/thread17295.shtml .................... .................... ............. England OKs Recreational Marijuana Police Will Let Cannabis Users Off With Warning .................... .................... ............. Alaska Court: Drug Ban Unconstitutional Juneau, Alaska -- A law banning Alaskans from possessing any amount of marijuana in their homes has been ruled unconstitutional by a state appeals court Friday. Friday's decision by the Alaska Court of Appeals reversed the 2001 drug conviction of a North Pole man and ordered a new trial. Read More... http://cannabisnews.com/news/thread17184.shtml .................... .................... ............. Alaska Court Ruling Sparks Hope for Pot Advocates Bush Administration Should Stop Picking on The Ill .................... .................... ............. Ashcroft's Errant Hammer The gumshoes of the Justice Department must love Tommy Chong, the aging comedian/actor who until recently had a business making expensive blown-glass bongs. That's bongs, not bombs. Chong was sentenced Thursday to nine months in federal prison for sending one of those art-glass smoking devices across state lines. Unlike terror suspects or bomb makers, Chong was easy to find (a home in Pacific Palisades and a business in Gardena) and posed no threat of violence. Read More... http://www.cannabisnews.com/news/thread17297.shtml .................... .................... ............. Event Planners Accountable Under Drug Law Drug Czar Claims Canada is Too Lax Drug Czar Calls Seattle Pot Initiative a 'Con' .................... .................... ............. Can't happen here? Would they lie? about ashcroft "They say you can't legislate morality. Well, you certainly can." John Ashcroft Chicago Tribune May 25, 1998 "Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is to tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger." Reichsmarschall Hermann Goering, Nazi Air Force (Luftwaffe) commander, the Nuremberg Trials From Whom Did the Fascists Get Support? Italian fascism and German Nazism had their admirers within the U.S. business community and the corporate owned press. Bankers, publishers, and industrialists, including the likes of Henry Ford, traveled to Rome and Berlin to pay homage, receive medals, and strike profitable deals. Many did their utmost to advance the Nazi war effort, sharing military industrial secrets and engaging in secret transactions with the Nazi government, even after the United States entered the war. During the 1920s and early 1930s, major publications like Fortune, the Wall Street Journal, Saturday Evening Post, New York Times, Chicago Tribune, and Christian Science Monitor hailed Mussolini as the man who rescued Italy from anarchy and radicalism. "I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country... Corporations have bee enthroned, an era of corruption in high places will follow, and the money-power of the country will endeavor to prolong its reign by working upon the prejudices of the people until the wealth is aggregated in a few hands and the Republic is destroyed." Abraham Lincoln, November 12, 1864 "To oppose the policies of a government does not mean you are against the country or the people that the government supposedly represents. Such opposition should be called what it really is: democracy, or democratic dissent, or having a critical perspective about what your leaders are doing. Either we have the right to democratic dissent and criticism of these policies or we all lie down and let the leader, the Fuhrer, do what is best, while we follow uncritically, and obey whatever he commands. That's just what the Germans did with Hitler, and look where it got them." Michael Parenti, author Corporations That Supplied Iraq's Weapons Program http://boards.marihemp.com/boards/cu...dia/4/4229.gif THE OIL WAR OF 1872 "You know, it's a funny thing, every one of the bastards that are out for legalizing marijuana is Jewish. What the Christ is the matter with the Jews, Bob? Richard Nixon missing tapes Invisible Prohibition "Certain American industrialists had a great deal to do with bringing fascist regimes into being in both Germany and Italy. They extended aid to help Fascism occupy the seat of power, and they are helping to keep it there." - William E. Dodd, U.S. Ambassador to Germany, 1937. Continued... Shadow of the Swastika The very word "secrecy" is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths and to secret proceedings. We decided long ago that the dangers of excessive and unwarranted concealment of pertinent facts far outweighed the dangers, which are cited to justify it. President John F. Kennedy Address to newspaper publishers April 27, 1961 Judge Orders Cheney Records Released Bush Flatly Refuses to Hand Over Energy Papers Bush's Stealth Policy on Nuclear Arms Cannabis Fuel * Hemp Car NASA GISS: Tracking Carbon Dioxide Emissions from Fossil Fuel Burning Bushit Cheneynagans D.E.A.th & Oil! OPEC Dick THE BUSH-CHENEY DRUG EMPIRE Bushit Rumcheney Cocktail:Fascist Nationalism and MKULTRA William Randolph Hearst and Reefer Madness The Tuskegee Syphilis Experiment & Linx http://boards.marihemp.com/boards/po...a/40/40342.jpg MY COUNTRY 'TIS OF THY PEOPLE YOU'RE DYING The Drug War Comes To The Rez Resources on Drug Experiments Performed by the U. S. Government Risk and Benefits of Fluorides Sodium fluoride, a hazardous-waste by-product from the manufacture of aluminum, is a common ingredient in rat and cockroach poisons, anesthetics, hypnotics, psychiatric drugs, and military nerve gas. It's historically been quite expensive to properly dispose of, until some aluminum industries with an overabundance of the stuff sold the public on the terrifically insane but highly profitable idea of buying it at a 20,000% markup, injecting it into our water supplies, and then DRINKING it. Safe Drinking Water in Santa Cruz Dangers of Fluoridated Water F-L-U-O-R-I-D-A-T-I-O-N Bushit or Sadamn? Flip a Coin ... Racist Ganjawar PREJUDICE: MARIJUANA AND JIM CROW LAWS __________________ Al Capone and Watergate were red herrings to divert the countries attention from the Fascist acts of eliminating competition. Booze/Ethanol then Ganja//Hemp.

09-21-2003, 09:05 PM	#7 (permalink)
tugboat complex Old School Join Date: Aug 2003 Location: Pa Posts: 517 Thanks: 0 Thanked 1 Time in 1 Post	its encouraging to see that some countries are run by logical people. __________________ "theres smoke in my iris, but i painted a sunny day on the insides of my eyelids" - aesop rock

09-17-2003, 12:55 PM	#5 (permalink)
Puffman LeavesOfGrassMyAss! Join Date: Jun 2003 Location: Canada Posts: 6,508 Thanks: 514 Thanked 220 Times in 151 Posts	Good news! I used to live in Ontario, but now I am in Nova Scotia for university, I hope Nova Scotia follows next! Ah well, if I wanna smoke legally I can do it when I visit home in Ontario, until then, fuck tha police.

09-19-2003, 01:50 AM	#6 (permalink)
DdC Decade Yahookan Join Date: Feb 1999 Location: Santa Cruz,CA,USA Posts: 2,088 Blog Entries: 5 Thanks: 47 Thanked 570 Times in 378 Posts	Feds File Notice To Appeal Over B.C. Judge's Ruling That Pot Law Invalid Drug Czar Claims Canada is Too Lax "They say you can't legislate morality. Well, you certainly can." John Ashcroft Chicago Tribune May 25, 1998

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