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News (Media Awareness Project) - CN QU: Quebec Judge Throws Out Pot Case
Title:CN QU: Quebec Judge Throws Out Pot Case
Published On:2002-12-19
Source:Globe and Mail (Canada)
Fetched On:2008-01-21 16:44:18
QUEBEC JUDGE THROWS OUT POT CASE

A Quebec judge ended a drug trafficking trial Thursday, dropping all
charges against two activists who dispensed the drug for medical use at a
Montreal Compassion Club.

Marc-Boris Saint-Maurice, head of the Compassion Club, and Alexandre Neron
were accused of possession of marijuana and trafficking the drug.

Quebec Court Judge Gilles Cadieux, who had postponed making a decision on
the case a number of times, said the absence of a legal source of marijuana
takes away the right to life and liberty.

"We're happy and relieved," Mr. Saint-Maurice told CBC Newsworld. "After
three years in court and many battles, we've been vindicated. It's more of
a moral victory than a legal victory at the moment."

Judge Cadieux did not rule on the constitutionality of marijuana laws.

"The only unfortunate thing is this ruling does nothing to help medical
marijuana users get the product," Mr. Saint-Maurice said. "There's nowhere
for where they can buy marijuana legally. This did nothing to legalize sales."

The two men were arrested in the fall of 2000 after police raided the club
and seized 66 grams of marijuana.

The Crown did not say if it will appeal the decision.

Justice Minister Martin Cauchon has said he will introduce legislation to
decriminalize marijuana in the new year.

On Dec. 13, the Supreme Court of Canada said it had no choice but to
postpone a landmark case in light of the federal government's decision to
introduce legislation to decriminalize marijuana.

Canada sought to adjourn a hearing on claims by convicted pot smokers that
the federal marijuana laws are unconstitutional because the drug is
harmless. The lawyers for the defendants and the Crown wanted to go ahead
with the hearing, but Chief Justice Beverley McLachlin said that wouldn't
make sense.

"A central question is the Minister of Justice has announced his intention
to introduce legislation in the Parliament that will decriminalize, in some
ways, possession of marijuana," she said.

The appeal, which has become a flagship case for marijuana users across
Canada who want pot legalized, will be heard sometime during the Supreme
Court's spring session, which starts in April.
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