NORML News


NORML Wins Big Court Case

Section 462.2 of the Criminal Code is to be stricken from the
records. Umberto Iorfida’s lawyer, Ed Morgan, contacted him September 28,
1995, with the news. Stating he had received a letter from the Attorney
General’s office, Ministry of Justice, indicating that they had decided not
to pursue the appeal of a decision handed down on October 4, 1994. On that
day, in the Ontario Supreme Court, now Ontario Court of Justice, General
Division, Madame Justice Ellen McDonald made determination that
"the words or literature" be severed from S.462.2 of the
Criminal Code as being inconsistent with S2(b) of the Charter of Rights and
Freedoms and as not being justifiable in a free and democratic society. In
Section 462.1 of the Criminal Code, "literature for illicit drug
use
" means any printed matter or video describing or depicting,
and designed primarily or intended under the circumstances to promote or
encourage or advocate the production, preparation, or consumption of
illicit drugs.

Words Are Not Criminal

Accordingly, an order should sever the words "or literature" from
S.462.2 of the Criminal Code R.S.C. 1985, c. C-46 with the result that the
words are inoperative and have no force and effect. The words are
inconsistent with S.(2)b of the Charter. The words are declared to be of no
force and effect.

To the extent that the words "or literature" are severed from
S.462.2, the definition of "literature for illicit drug use" as
set out in S.462.1 becomes redundant; it, too, is severed.

In deciding not to appeal, the Ministry of Justice has agreed to undertake
and execute the elimination of the literature portion of 462.2. This has
saved a large cost to Canadian taxpayers (maybe in the millions of
dollars).

Read an article on Censorship
in Canada, about Section 462.2 of the Criminal Code.



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