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A man rolls a marijuana joint during a demonstration to call for the legalisation of marijuana, on May 14, 2016 in Paris, France.... He's rolling tobacco...you can see the half-smoke on his pant leg! At first I just thought it was brown LP schwagg...
By: Staff Torstar News Service Published on Mon Jun 20 2016
It would appear no amount of weed is too small for the federal government to prosecute as it works toward legalizing the drug for recreational use.
Brandon Richards was pulled over after leaving the parking lot of a Guelph strip club shortly after 1 a.m. in October 2014 for a sobriety check. He passed, but the officer said he detected the odour of marijuana.
The big discovery: 1.15 g of pot. A street value of about $10.
Richards was charged with simple possession, and the Public Prosecution Service of Canada, the federal agency that handles drug crimes, chose to take the matter to court, where Richards was found guilty and ordered to pay a $100 fine in April 2015.
The Liberals, with their promise of legalization, were elected to power a few months later.
Richards appealed his conviction, and the PPSC fought him there as well. But late last month Superior Court Justice Casey Hill overturned Richards’ conviction, saying the police officer failed to advise him of his right to a lawyer after asking him if he had any marijuana.
The case is one example for why Justice Minister Jody Wilson-Raybould should order the PPSC to stop prosecuting individuals for simple possession of marijuana while it works on legalization, Richards’ lawyer told the Star.
“Nobody knows what’s going on, nobody knows who to ask what’s going on, and we’re in this very strange position where marijuana is still illegal, but it’s been announced that it’s going to be legal,” said Benjamin Goldman.
“I think the message sent to the public is that there is no consistency and no predictably in the system. This might not have happened with a different Crown attorney, with a different police force, in a different jurisdiction.”
Federal Health Minister Jane Philpott announced in April that the government intends to legalize pot for recreational use by next spring. A task force is expected to present its recommendations on legalization later this year.
In the meantime, it’s business as usual at the PPSC when it comes to pot.
“The cannabis-related offences contained in the Controlled Drugs and Substances Act have not been amended and continue in force,” said an agency spokeswoman.
The decision to take individuals to court — an exhausting and costly experience — for such small amounts of marijuana and then slap them with criminal records “seems inappropriate” given that legalization is imminent, said criminal defence lawyer Daniel Brown, who was not involved in the case.
“There are serious cases being stayed or thrown out of court because of delay when the courts are clogged up prosecuting relatively minor marijuana charges, and it’s important to prioritize matters to ensure that the serious cases are the ones being prosecuted,” he said.
Richards is black, but the judge at his trial dismissed his lawyer’s argument that there was racial profiling. Goldman said he accepts the judge’s ruling.
“Do I have my suspicions that there was a possible racial element in this? Yes, I have my suspicions,” he told the Star.
On appeal, Hill ruled that the failure of the Guelph police officer to immediately advise Richards of his right to counsel was serious.
“Traffic stops are a routine feature of the duties of uniformed patrol officers. There should have been no legal uncertainty as to the officer’s obligations,” Hill wrote. “This is hardly a trivial, technical, or inadvertent breach.”
