Marijuana legal in Ontario

Appeal Court judge rules that Canada's pot-possession laws are void.

Now legal in OntarioNow legal in OntarioMarijuana 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?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 governmentOvergrowing the governmentSpreading 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.Overgrowing the government

Comments

still?

I live in sudbury ontario and i know plenty of people who have been caught with smoking pot, or caught with some, charged with possesion, forced to go group sessions to help quit, loose there pipes and bongs, and the cop made them them throw out there weed

dude, it's been illegal for

dude, it's been illegal for a while, but i read in the criminal code you can hold under a quad and not get busted. i also heard they changed that within the past 2 years. around 2 grams or so now. I think. if you get caught with a bong and weed then you get intent and possession.

Hey bro

How old are ya? Im moving up to Sudbury within a month most likely and would like to meet new people to blaze with.

weed

16 you?

weed

yo i live in sudbury too smoke round half onze a day fuck what the cops says they could suck my dick this messege go to the cop=PIGS go eat some donuts u fat fucks

i like this a lot

fuckin eh man i love that. ive been getting fucked over for weed for a while and it should finally be legilized. its funny how drinking is legal for 19+ in ontario and it kills people daily. smoking pot doesnt kill you and there have been no cases of death by smoking too much weed. its time for weed to be legilized and ragulated. day by day people still smoke weed and grow and sell. theres no crime in smoking a plant that give you a "boost" that helps your mind calm down. we all have to stand up for weed and the time is now!

huh?

wow what. i live in toronto ontario. i smoke weed everyday, everywere. if its legal then why do i still buy of a dealer? why arent there stores were i can buy it? and WHY DID A COP ARREST ME FOR SMOKING WEED?! if i get arrested for blazing it then its illegal. i wish weed was legal in ontario.

its not legal

What it is saying is that its a bit of a 'loop hole' for the time being. You can no longer be busted for posession hence for now it has become one of the many holes in the system.

It also says further down in the article that it will be rectified.

This loop hole was not affective until May 16th, thus if you were busted prior to then he was within his legal rights.

so in the end?

im so confused, is it legal or not, please let me know b4 i light a blunt in front of the police station today

yah ok?

im confused by this. like the date on the article is 2003?
and people have still been getting busted for possession since then,
so my question is how does this work? weed clearly isnt legalized in ontario but is possesion of it legalized ?

try reading the date on the article?

yeah the date on the article is Friday, May 23 2003, which means it's just over 7 years old. The federal government was Liberal back then, and when the Conservatives took power in 2006, this was repealed. Sadly, when we stoners forget important things like voting, this is what happens...

Christopher Kayhan?

Lolololol

I am a conservative

I am a conservative supporter. This is an issue I disagree with them on though. Weed should be legal. Laws should be similar to alcohol. The money made from taxes, and tourism, would pay for our health care system. The big reason why it is not legal in Canada is because of our neighbour to the south. They have even threatened to close the border if we made it legal. I say screw em. Let them close the border. We could stop shipping our oil there. We are their largest oil supplier. It would be a great opportunity to create some new trading partners. Anyway, legalize it, tax it and concentrate on more sevre crimes. I would rather have rapists and murderers spending more time in prison than leting them walk to make room for people who are simply enjoying a natural substance. Something that has been used for thousands of years.

You

Your f**king awesome dude!

Stop voting for them then!

Stop voting for them then!

Totally true.!!

That is totally true. Weed should be legal. The cops shouldn't worry about people smoking weed. They should legalize it and we should start smoking in public. The cops should be worrying about all the murders and rapes instead of the public smoking pot.

???

IT JUST BECAME LEGAL PEOPLE!!!...YA GOTTA GIVE THEM IDIOTS TIME FOR THE INFO TO MAKE IT TO THE PIONZ...IF YOU GET BUSTED FOR IT, YOUR CHARGES WILL BE THROWN OUT IN COURT...IT IS LEGAL IN ONTARIO!!!...FOR NOW...ALL OF US NEED TO COME TOGETHER AND SHOW THEM THAT IT NEEDS TO BE THAT WAY & STAY THAT WAY IN EVERY PROVINCE!!! WEED SMOKERZ UNITE!!!!

hahahaha

sorry i forgot to read the date on the article too HAHAHAHAHA...SHITTY....whatever i still blaze don't care if it's illegal...def shouldn't be...

coffee shops in ontario

i will be traveling to windsor, on july 8 - 17. are coffee shops where you can buy and chief in that area? thanks, appreciate any info, recommends, and comments.

poppy

i live in windsor and smoke

i live in windsor and smoke very often, there are no coffee shops here that you can smoke in, it is still illegal in ontario unfortunately
and most pot smokers around here are highschool students or bikers, the bikers currently grow large amounts if u want bud talk to them

Blaze'rrr

Im in sturgeon falls, and there are drugs busts left right and center it, people here just don't know how to play it safe!, unlike me :), Come blaze it up in Sturgeon

bull

i live in thunder bay and weed is still illegal i was just arrested and almost charged in june because a cop caught me and some people getting baked took like 4 pipes a bubbler and some weed

planes

i live saskatoon saskawan..iam wondering if the plane can see the plants in the yard...
how much is to much..i have about 3 plants close together and a few spread around the yard..
can anyone help me
thanks

smoke smoke smoke a joint

smoke smoke smoke a joint, pass it down the line, take a toke, inhale your smoke, and blow your fucking mind <3 (:

Hey im Amber , I live in Saint John. I dont smoke weed just because its "cool or rebelious."I smoke it to calm my nerves, and enter a world i see as "peaceful"
I really enjoy the high, and having burn sessions with my friends.
It should become legal, so people will be less violent, and more loving.

the hemp plant (weed plant)
has been used for hundred of years, for medicinal purposes, for clothes, for shoes, everything. Something that grows on OUR PLANET, should be legal for all humans! of every country NOW!

it is our HUMAN RIGHT, to have acess to the things that grow o our planet earth.
SLAVERY, was once legal,and that was inhumane! and torturous!
smoking weed, what harm does it cause?
it doesn't, the gonverment doesn't want it legal, because they cant make money off the dealers who DO sell it!
IF IT GROWS ON THE GROUND, ITS MENT FOR EVERYTHING LIVING ON EARTH,
WHAT RIGHT DOES THE STUPID FUCKING GOVERNMENT HAVE OVER US CITIZENS?!
THEY HAVE NONE! WE ARE ALL HUMAN, WE ARE ALL EQUAL, AND WE ALL HAVE A SAY, USE YOUR FUCKING BRAIN.
Im a stoner, and even I know what is wrong, and right.
I know making marijuana illegal, is fucking stupid,
if go didn't want it here, it wouldn't be here.
its our righ as humans to have the things growing on our planet, the government, and the police, can through me in jail, and toss away the key, because i will always stick to what i believe in and I believe in Marijuana legalization!!!!!!!

They can't hide from us!

Who made it illegal? Explain PLEASE! who is them! AND WTF DO THEY GOT ON US. WE KNOW WHERE THEY WORK! WE KNOW WHO "THEY" THINK THEY ARE! THEY CAN"T HIDE FROM US SO LETS BRING THEM THE MOTHER FUCKIN DRUG WAR THERE LOOKING FOR! WE THE PEOPLE CAN HIDE...THEY CAN'T. WE DON"T HAVE TO PRESENT OURSELVES WITH BADGES AND MAKE OUR SELVES KNOWN LIKE THEY DO!!! EVER HEARD OF A MICRO BREWERS'(small indepented brewerys). ALL I'M SAYIN IS ITS TIME TO MICRO ORGANIZE WHAT WE THE PEEPS NEED TO GET DONE! OH- AND TO ANYBODY I DON'T WANT READING THIS(they) FU*Kin BRING IT!

Time.!!

It is time we start a drug war against them.

They have no right to tell us something we don't believe in.

I believe that weed is worth more than everything they try to bribe us with.

LEGALIZE WEED..!!!!

I would even do a protest to legalize weed and i don't do protests. They are a waste of valuable time. But this kind of protest isn't.

So right.!

That is why i smoke weed too.

You are right we are only human and weed does come from Mother Earth, so why isn't it legal to toke.?

We has stoners should get together and take a stand against the government. WEED SHOULD BE LEGAL.!!

I also believe that Marijuana should be legal all over Canada.

Weed isn't harmful, it is a medicine from Mother Earth.

Looking for some smpke

Is there anywhere to get some green in or near Rice Lake, Ontario?

Legalizing weed

I'm fair ill look at both sides to this. MY side- Weed should be legalized its a fuckin plant!! Man made drugs such as E and acid and shit that can stay legal. But think if the government was to legalize marijuana and tax it even the slightest could you imagine how fast we could climb out of this economic depression, I believe that if the government was to legalize marijuana it would be one of the better decisions. If anyone saw how obama did that online poll for top questions well the marijuana question was number 1! So he answered it, but he did so humourously, The question was very similar to my argumeent about the economy but he rephrased the question his words "would legalizing marijuana help the economy". OBVIOUSLY everyone will be against it if phrased like that. He should have explained how it could be taxed and used to everyones advantage for example we could put that money towards real crime instead of this stupid war on drugs!

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