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Offlinepattern
multiplayer

Registered: 07/19/02
Posts: 2,183
Loc: Canada
Last seen: 1 year, 10 months
Marijuana legal in Ontario
    #1569625 - 05/22/03 04:47 PM (13 years, 8 months ago)

Marijuana legal in Ontario
http://cannabisculture.com/articles/2958.html

by Dana Larsen and Reverend Damuzi (16 May, 2003) Appeal Court judge rules that Canada's pot-possession laws are void.


Now legal in Ontario
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 Superior Court Justice Steven 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 "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."


Will focus on real crimes now?
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 (CC#42, Canadian judges toss pot prohibition).

McAllister's novel legal argument was based on a July 2000 court ruling relating to Canadian med-pot user Terry Parker (CC#28, Canada's med-pot push). 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 Superior 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.



Overgrowing the government
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.



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OfflineAzmodeus
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Registered: 11/27/02
Posts: 3,392
Loc: Lotus Land!! B.C.
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Re: Marijuana legal in Ontario [Re: pattern]
    #1569725 - 05/22/03 05:30 PM (13 years, 8 months ago)

I kinda like the void... :smile:

They're so fucking stupid though not to legalise it, as the money they get in decrim fines will be pocket change in comparisson.


--------------------
"Know your Body - Know your Mind - Know your Substance - Know your Source.

Lest we forget. "


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InvisibleInnvertigo
Vote Libertarian!!
Male

Registered: 02/09/01
Posts: 16,296
Loc: Crackerville, Michigan U...
Re: Marijuana legal in Ontario [Re: pattern]
    #1569752 - 05/22/03 05:42 PM (13 years, 8 months ago)

Good going Canoodia!!! :grin:

So ah....how long do you think it will be legal and who's going to be the first one to light up in public?

oh, and i live 15 min. from Windsor, Ontario so i'm quite happy :grin: :grin: :grin: :grin: :grin: :grin: :grin: :grin: :grin: :grin: :grin: :grin: :grin: :grin:


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America....FUCK YEAH!!!

Words of Wisdom: Individual Rights BEFORE Collective Rights

"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson


Edited by Innvertigo (05/22/03 05:43 PM)


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OfflineAzmodeus
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Registered: 11/27/02
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Re: Marijuana legal in Ontario [Re: Innvertigo]
    #1569814 - 05/22/03 06:09 PM (13 years, 8 months ago)

Me!

toked a joint yesterday walking to the store..

OH...wait!, im not in ontario... :blush:


--------------------
"Know your Body - Know your Mind - Know your Substance - Know your Source.

Lest we forget. "


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OfflineAzmodeus
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Re: Marijuana legal in Ontario [Re: Innvertigo]
    #1569820 - 05/22/03 06:11 PM (13 years, 8 months ago)

Inny. B careful.  MJ stays in your system for 7 days...or longer!
i hope your not a young man, as going back to the USA could be bothersome...to say the least. :crazy:

Heaven forbid they find a roach, or some cop just want to test you, or they smell it, or....
i dont cross that border. :mad:


--------------------
"Know your Body - Know your Mind - Know your Substance - Know your Source.

Lest we forget. "


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InvisibleInnvertigo
Vote Libertarian!!
Male

Registered: 02/09/01
Posts: 16,296
Loc: Crackerville, Michigan U...
Re: Marijuana legal in Ontario [Re: Azmodeus]
    #1569827 - 05/22/03 06:13 PM (13 years, 8 months ago)

I heard from a Canadian guy i work with that he thinks Ontario will become another Amsterdam...i hope he's right.


--------------------

America....FUCK YEAH!!!

Words of Wisdom: Individual Rights BEFORE Collective Rights

"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson


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InvisibleInnvertigo
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Registered: 02/09/01
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Re: Marijuana legal in Ontario [Re: Azmodeus]
    #1569836 - 05/22/03 06:16 PM (13 years, 8 months ago)

Quote:

Inny. B careful. MJ stays in your system for 7 days...or longer!




It stays in loger if you smoke alot...but it's not illegal to have it in your system.

Quote:

i hope your not a young man, as going back to the USA could be bothersome...to say the least.




I'm 32 and i know the troubles that would be ahead.

Quote:

Heaven forbid they find a roach, or some cop just want to test you, or they smell it, or....
i dont cross that border.




I don't smoke in my truck (i don't like the smell of stale smoke) so i don't have to worry aboot them finding a roach and i'm not crazy enough to risk being put in jail when i can drive 15 minutes to do it.


--------------------

America....FUCK YEAH!!!

Words of Wisdom: Individual Rights BEFORE Collective Rights

"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson


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OfflineAzmodeus
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Registered: 11/27/02
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Re: Marijuana legal in Ontario [Re: Innvertigo]
    #1569878 - 05/22/03 06:41 PM (13 years, 8 months ago)

It stays in loger if you smoke alot...but it's not illegal to have it in your system.

YES!..it is!
I got busted for driving under the influence of pot because i was driving home on a summer day, with a shaved head, and my shirt off, sunglasse, having just been layed off from work earlier and he pulled me over for changing lanes without a signal.
Searched me and the vehicle (illegaly i think), didn't find anything, then said he was calling a tow truck and my liscense is suspended for a month. :mad: ALL because in his "judgment" i had it in my system. 
The tow truck driver said he knows that cop and he is notorious for doing shit like this, as he'd towed other unfortunates cars as well.
But anyway paid $90 for a tow $60 for a drug test (drank 4l orange juice, and 1l vinegar), passed it, and had the record removed.
Motor vehicle branch still tried to take away my liscense for the changing without signal offense alone, but after a letter explaining my need to get to work and support myself they decided to be lenient.

So do a bit more research, although i doubt you'd get stopped being an old man like you are :wink:, unless your crossing the border with a shaved head, sunglasses, and no shirt.


--------------------
"Know your Body - Know your Mind - Know your Substance - Know your Source.

Lest we forget. "


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InvisibleInnvertigo
Vote Libertarian!!
Male

Registered: 02/09/01
Posts: 16,296
Loc: Crackerville, Michigan U...
Re: Marijuana legal in Ontario [Re: Azmodeus]
    #1569890 - 05/22/03 06:47 PM (13 years, 8 months ago)

Quote:

It stays in loger if you smoke alot...but it's not illegal to have it in your system.
YES!..it is!




did he suspect you of being "high" or having it in your blood stream?  Either way that sucks.

Quote:

So do a bit more research, although i doubt you'd get stopped being an old man like you are 




you'd be surprised, i'm not a model citizen in the points dept.  I hate driving slow.

Quote:

unless your crossing the border with a shaved head, sunglasses, and no shirt.




i don't usually drive without a shirt nor do i shave my head....if there's one thing us americans know around here is that when the border guard asks you where you are going or where have you been you always say the Casino!! and no you didn't win anything. :grin:


--------------------

America....FUCK YEAH!!!

Words of Wisdom: Individual Rights BEFORE Collective Rights

"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson


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Offlinehongomon
old hand
Registered: 04/14/02
Posts: 910
Loc: comin' at ya
Last seen: 12 years, 9 months
Re: Marijuana legal in Ontario [Re: Azmodeus]
    #1569895 - 05/22/03 06:51 PM (13 years, 8 months ago)

Holy shit...was that in B.C.? 

I've just started working in the California education system and I have a mandatory drug test coming up soon.  I feel like I'm forced to choose between being jerked around by the system and being able to corrupt the system's children.  :smirk: 


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Offlinebarfightlard
tales of theinexpressible
Male

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Registered: 01/29/03
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Re: Marijuana legal in Ontario [Re: pattern]
    #1570195 - 05/22/03 09:11 PM (13 years, 8 months ago)

I made a thread back when this first happened. Seemed like nobody cared when I told them lol.


--------------------

"What business is it of yours what I do, read, buy, see, say, think, who I fuck, what I take into my body - as long as I do not harm another human being on this planet?" - Bill Hicks


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OfflineLearyfan
It's the psychedelic movement!
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Re: Marijuana legal in Ontario [Re: barfightlard]
    #1570223 - 05/22/03 09:23 PM (13 years, 8 months ago)

George Bush and John Ashcroft would put all of you dirty pot smokers on a train straight to Auschwitz if they could.






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Mp3 of the month: Dennis & The Times - Flight Patterns



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Invisiblesilversoul7
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Re: Marijuana legal in Ontario [Re: Learyfan]
    #1570257 - 05/22/03 09:41 PM (13 years, 8 months ago)

Quote:

George Bush and John Ashcroft would put all of you dirty pot smokers on a train straight to Auschwitz if they could.



So would lots of politicians of both parties.


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"It is dangerous to be right when the government is wrong."--Voltaire


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OfflineDailyPot
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Registered: 11/17/02
Posts: 2,207
Loc: Florida
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Re: Marijuana legal in Ontario [Re: Azmodeus]
    #1570282 - 05/22/03 09:51 PM (13 years, 8 months ago)

Azmodeus, that guy big time coulda been fucked if you got a good lawyer. He broke the law big time if you live in the US.


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Offlinejehst
OfficialQueensbridgeMurderer
Registered: 05/18/03
Posts: 114
Last seen: 11 years, 5 months
Re: Marijuana legal in Ontario [Re: silversoul7]
    #1570300 - 05/22/03 09:56 PM (13 years, 8 months ago)

quick my canadian brothers, start some food businesses/resturant that uses marijuana in their products!


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All I have in this world are my balls and my word, and I don't break 'em for no one. You understand me?


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OfflineLearyfan
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Re: Marijuana legal in Ontario [Re: silversoul7]
    #1570340 - 05/22/03 10:16 PM (13 years, 8 months ago)

I don't like either of those parties.




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Mp3 of the month: Dennis & The Times - Flight Patterns



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Invisiblechodamunky
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Registered: 02/28/02
Posts: 2,030
Loc: sailing the seas of chees...
Re: Marijuana legal in Ontario [Re: pattern]
    #1570473 - 05/22/03 11:13 PM (13 years, 8 months ago)

hell ya, I celebrated all last weekend smokin weed whilst camping  :laugh:


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InvisibletrendalM
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Re: Marijuana legal in Ontario [Re: Innvertigo]
    #1570717 - 05/23/03 12:32 AM (13 years, 8 months ago)

Well I've already lit up in public many times since this happened  :wink:

If you only live 15 mins away, you should be able to see the smoke clouds rising  :cool:


--------------------
You're here because you know something.
What you know you can't explain,
But you feel it;
You've felt it your entire life.
That there's something wrong with the world.
You don't know what it is, but it's there....
Like a splinter in your mind...
Driving you mad.


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OfflineLearyfan
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Re: Marijuana legal in Ontario [Re: trendal]
    #1570729 - 05/23/03 12:41 AM (13 years, 8 months ago)

Where in public have you people in Ontario lit up?

There's still gotta be a high in public rule.




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InvisibletrendalM
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Re: Marijuana legal in Ontario [Re: Learyfan]
    #1570741 - 05/23/03 12:45 AM (13 years, 8 months ago)

Middle of the day, riverside park. Smoked where we could see Detroit. Hoped someone accross the river could see us and envy  :smirk:


--------------------
You're here because you know something.
What you know you can't explain,
But you feel it;
You've felt it your entire life.
That there's something wrong with the world.
You don't know what it is, but it's there....
Like a splinter in your mind...
Driving you mad.


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