JCT: Wow. You'll remember that "In the belly of the beast"
I mentioned:

JCT: Yesterday I explained that the prohibition law has been
dead since Aug. 1 2001 even though no one noticed or argued
it except me and my medpot guerrilla lawyers, Parker,
Paquette, Dupuis, and finally, Brian McAllister in Windsor
and then before judges in New Brunswick and Nova Scotia.

With all these judges saying that the prohibition of
marijuana was unconstitutional, I had to take a gamble to
prove it before the government could bring in new
legislation to recriminalize it.

Of course, we've all been waiting on the decision of Justice
Rogin on the Crown's appeal of the McAllister win in Windsor
but with the judge taking his sweet time to come to a
conclusion, I considered that it was a stall until the new
law could come in and then, whether yes, or no, with new
laws, our win would be worthless.

JCT: So on Wednesday May 14 I went up on Parliament Hill
with a life-time-in-jail supply of marijuana to smoke a
joint and proclaim the prohibition of laughing grass dead
before Justice Minister Cauchon could make it illegal again.
I was released on Thursday and penned by beef.

Then, on Friday, Justice Rogin handed down his decision
backing up my claim that prohibition on possession and
everything else died two years ago and they were going to
have to erase everyone's convictions including my upcoming
one.

It was the biggest gamble of my life and the very next day,
the Queen of Spades hits to back up my draw to the Royal
Flush.

>The Globe and Mail
>Sat May 17 2003 04:30 AM
>No laws ban possession of marijuana, court rules
>By COLIN FREEZE AND KIM LUNMAN

CF: Landmark Ontario decision goes beyond the
decriminalization proposed by Ottawa

TORONTO and OTTAWA -- Canada has no laws prohibiting
marijuana possession, an Ontario Superior Court judge said
yesterday in a ruling that will be binding on judges in the
province and may soon be picked up across the country. "For
today, and for the Victoria Day weekend, it's a very
pleasant state of affairs for recreational pot smokers,"
said criminal lawyer Paul Burstein, who helped argue the
case successfully.

JCT: But had Cauchon recriminalized it last Thursday, there
would have been no weekend pleasant state of affairs. And
the media keep pointing out that it was the US Drug Czar who
talked Cauchon out of recriminalizing. Thanks loads.

CF: It was the second time that a Windsor teenager who was
caught smoking pot while playing hooky in a park has been
found not to have broken any law because, the courts ruled,
there are effectively no longer any marijuana laws to break.

JCT: Music to my ears after raising the stakes.

CF: Mr. Justice Steven Rogin upheld yesterday a lower-court
decision, based on complex arguments, that has already had
far-reaching influence.

JCT: Nothing complex about it. They had to build a new law
with medical loopholes and when the old law fell, they blew
the new prohibition.

CF: The new ruling means that proposed federal legislation
to decriminalize possession of a small amount of marijuana
would actually "recriminalize" it, defence lawyers said
yesterday.

JCT: And there's been no law since Terry Parker Day, Aug. 1
2001. Almost 2 years that people have been suffering and
dying with no law to stop them from saving themselves. It's
truly the prisoners who hadn't checked and only found out
after 2 years that the lock on their cell didn't work.

CF: While the new law would impose fines for pot possession,
yesterday's ruling effectively eliminated any sanctions for
simple pot possession in Ontario, they said. The decision
"has effectively erased the criminal prohibition on
marijuana possession from the law books in Ontario," said
Brian McAllister, the lawyer for the accused teenager.

JCT: Actually, the Parker decision by the Ontario Court of
Appeal erased the criminal prohibition. Justice Rogin on
presided over the funeral, not the death by the Court of
Appeal.

CF: Courts in Nova Scotia and PEI have already put
prosecutions on hold pending yesterday's ruling, he said,
and lawyers in other provinces were similarly watching for
this decision.

JCT: Now judges are all going to jump on the bandwagon to
erase their workloads. But then arises the necessity for the
Government to apologize and erase everyone's convictions. No
one's talking about that. Yet.

CF: The initial ruling in favour of the Windsor teenager,
identified only as J. P., had a significant spillover effect
and the higher-court decision is expected to be even more
influential. The federal Department of Justice, which
appealed the initial ruling, is planning another appeal.

JCT: And my Charbonneau appeal is already there to make sure
there's no funny business.

CF: The government still plans to introduce its marijuana-
decriminalization legislation later this month. Most
Canadians are behind the idea, according to an Ipsos-Reid
poll released yesterday.

JCT: Not if it's going to violate the right to life, they
won't. And not without now proving the dangers while making
the same case to recriminalize alcohol and tobacco.

CF: It found that 55 per cent of Canadians did not believe
smoking marijuana should be a criminal offence, while 42 per
cent thought it should be.

JCT: That sounds crooked. Every poll I've heard recently is
4:1 in favor. They say it's 4:3. That's too off to be true.
They're lying.

CF: More telling, 63 per cent of respondents supported
Ottawa's plans to issue tickets and fines similar to traffic
violations to those caught with 15 grams or less of
marijuana, the poll found.

JCT: Do a search for "Turmel" and "Humphrey Appleby" to find
out how they can fix polls with leading questions and only
the published answer. 4:3 is too far off 4:1 to be honest.
And also keep in mind that polls of the hypnotized don't
mean anything anyway.

CF: Justice Minister Martin Cauchon has said he is seeking
the changes so that people who are caught with small amounts
will not clog up the court system, potentially receiving
criminal records.

JCT: But they're still going to be clogging the court system
with people trying to beat a rap that will kill their
chances for international travel. It's still a fine that
will cause you trouble in Amerika.

CF: For the moment, however, marijuana possession remains
the most frequently laid drug charge in Canada even though
courts are becoming increasingly resistant to hearing those
cases. Jim Leising of the federal Justice Department said in
an interview that he was "disappointed" by yesterday's
decision and will push to have the case heard quickly in the
Ontario Court of Appeal.

JCT: We know how quickly they don't go though they might
want to fly here. Still, I don't think they'll be able to
catch up with our Parker-Turmel-Paquette Charbonneau appeal
that simply awaits my Appeal Book and Factum. With the
Rogin decision backing us up, we just won.

CF: "We are are still of the opinion that the law against
marijuana is valid," he said. Mr. Leising said prosecutions
will continue, although some may be put on hold.

JCT: It's like saying "we retain the right to remain
unconvinced."

CF: But defence lawyers involved in J.P.'s case said
Ontarians facing possession charges should fight Crown
prosecutors' attempts to delay their cases until the law is
clarified. Ontarians who are charged with marijuana
possession after yesterday's ruling could consider suing
police for wrongful arrest, they said. "Anybody who's got a
charge before the court should definitely take advantage of
this," Mr. Burstein said.

JCT: They should have been doing it a lot longer ago since
I've been screaming it for almost 2 years. Why did it take
Rogin's opinion to convince Paul the law was dead and my
exhortations fell on his deaf ears?

CF: Multiple court battles to strike down the marijuana laws
are taking place, he said, leaving Ottawa besieged from many
directions. "The courts keep firing big shots into the sides
of the government's ship," Mr. Burstein said. "They're
sinking lower and lower. They are bailing it out with a
cup."

JCT: He makes it sound like there is still some fight left
in the corpse that I'm trying to end the funeral for. The
law died 2 years ago. There's no bailing going on, just a
refusal on all parts to accept the consequences.

CF: The Ipsos-Reid poll -- of 1001 people, conducted between
May 13 and May 15 -- found people still have some
reservations about decriminalization.

JCT: I have reservations about decriminalization so that's a
fixed question. I have no reservations about legalization.

CF: The poll results are considered to reflect accurately
the feelings of the entire country to within 3.1 percentage
points, 19 times out of 20.

JCT: Bull feathers. They reflect the manufactured consent
for the probable conclusion the train of questions was
designed to elicit. As Yes Minister's Sir Humphrey Appleby
so clearly pointed out.
theglobeandmail
<http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20030517/UMARIM/\
National/Idx>
======

Marijuana possession law 'erased'
Sat May 17 2003 05:14 AM
Marijuana possession law 'erased'
Ellen van Wageningen
The Ottawa Citizen

EW: WINDSOR -- Possessing less than 30 grams of marijuana is
no longer against the law in Ontario, a Windsor judge says
in a ruling released yesterday that compounds the chaos over
Canada's pot laws. Superior Court Justice Steven Rogin's
decision has "effectively erased the criminal prohibition on
marijuana possession from the law books in Ontario," said
Brian McAllister, the Windsor lawyer who challenged the law
on behalf of a 17-year-old client.

JCT: Again, his decision has enforced the erasure two years
ago by the Court of Appeal. It's important that people not
think that it's the Rogin Superior Court decision that
invalidated the CDSA prohibition but that it was the Parker
Court of Appeal decision that slew the beast. Rogin's
decision is the eulogy at the funeral.

EW: Judge Rogin's decision is almost certainly to be
followed by judges of Ontario's lower court, where nearly
all marijuana possession cases are decided. "This decision
is also likely to have significant repercussions on the
viability of marijuana prosecutions across the country," Mr.
McAllister said.

Hundreds of marijuana possession cases in Ontario have been
put on hold pending Judge Rogin's ruling and the outcome of
other cases currently before the Supreme Court of Canada.
That shouldn't change until the Ontario Court of Appeal
reviews Judge Rogin's decision, said Jim Leising, the
Justice Department official responsible for drug
prosecutions in Ontario. "We certainly continue to maintain
that possession of marijuana is prohibited by the Controlled
Drugs and Substances Act, and we'll be moving quite quickly
to appeal this judgment," he said. Mr. McAllister said
police in Ontario should note Judge Rogin's judgment and
stop laying charges for marijuana possession.

JCT: Actually, they should stop laying all charges, not just
for possession. Oops. Too late to not charge me.

"Otherwise, the police will be arresting people for an
activity which is no longer outlawed," he said. Judge Rogin
upheld Ontario Court Justice Douglas Phillip's decision to
quash a charge against a Kingsville youth for possessing
less than 30 grams of marijuana because the law is no longer
valid.

The government needed to pass a new law prohibiting
marijuana possession after the current one was struck down
by the Ontario Court of Appeal two years ago, Judge Rogin
agreed.

JCT: So it's pretty clear. The law was slain by the Court of
Appeal and Justice Rogin is just admitting it.

EW: The appeal court ruled in favour of severe epileptic
Terry Parker, of Toronto, saying the law violated the
constitutional rights of sick people who used marijuana for
medical reasons. It gave the government until July 31, 2001,
to remedy the situation or the law would be invalid. The
government responded by passing the Marijuana Medical Access
Regulations, which were found to be unconstitutional by a
Toronto judge in another case involving Mr. Parker.

JCT: They always forget to mention the first Superior Court
judge, Justice Romain Pitt, who only needed to see that
Parker's situation had not been remedied with an expired
exemption and the OMA telling his doctor not sign. But he
was first and we're going to be consolidating the appeal
against Alan Young getting the Pitt decision set aside with
the Lederman appeal. Won't that put Alan in a horrible
predicament. Arguing the MMAR did not save the CDSA and then
explaining why he helped get the Pitt decision that the MMAR
did not save the CDSA set aside. 13 months ago on April 17.

EW: That judge said the problem is there is no legal supply
of marijuana for sick people.

JCT: And Pitt said the MMAR was no remedy for Parker.

EW: Meanwhile, the federal government is attempting to get
new legislation dealing with marijuana before Parliament by
the end of the month.

JCT: Now comes the biggest fight of them all, to get them to
explain the harms they didn't have to explain in 1923 when
they just slipped marijuana on the prohibited list.

EW: It is proposing to make possessing 15 grams or less of
marijuana a non-criminal offence for which people could be
fined as little as $100. The relaxing of the pot possession
laws would be accompanied by stiffer penalties for drug
traffickers and marijuana growers, as well as drug use
prevention, education and treatment strategies.

JCT: And it's touted like a liberal change when it's
reported that when they decriminalized in New Zealand so
people only faced fines and not jail, prosecutions tripled.
More jobs for judges, clerks, lawyers when cops can
lay more jobs because they're not ruining people's lives as
badly.

So ends Alan Young's equation of responsibility. We could
have had the same declaration 13 months ago on April 17 2002
and Alan Young conspired with the government to get this
declaration delayed that whole 13 months. In the extra 13
months that Young managed to delay it, almost 4000 extra
epileptics died who would have lived had it not been for his
helping the Crown to delay liberation until now.

Of course, he doesn't understand where I get my estimate of
the 4000 epileptics he helped die. But everyone with some
basic math skills knows the Wizard of Odds ain't wrong.

Now to get to work on the motion to have my life-sentence-
threatening charge thrown out next week. With the Rogin
decision now in hand, it will be a pleasure. Who knows, I
might be the very last Canadian ever busted for trafficking
in this now-legal substance on Parliament Hill.

Might be able to soon get back to work full time installing
my world-wide UNILETS anti-poverty system and abolishing the
interest rate that takes from the poor to give to the rich,
my number one major political reform program.


--
Abolitionist Slave Leader John C."The Banking Systems Engineer" Turmel
for UNILETS interest-free time-based currency in U.N. resolution C6
to Governments in the http://www.un.org/millennium/declaration.htm
http://www.cyberclass.net/turmel / http://www.medpot.net 613-562-0669