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Ontario judge declares criminalization of pot unconstitutional

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actualfactual

actualfactual

Rising Star
Ontario is one step closer to the legalization of marijuana after the Ontario Superior Court struck down two key parts of the Controlled Drugs and Substances Act that prohibit the possession and production of pot.

The court declared the rules that govern medical marijuana access and the prohibitions laid out in Sections 4 and 7 of the act "constitutionally invalid and of no force and effect" on Monday, effectively paving the way for legalization.

If the government does not respond within 90 days with a successful delay or re-regulation of marijuana, the drug will be legal to possess and produce in Ontario, where the decision is binding.
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article @ Vancouver Sun
 
The federal conservatives will not let that happen. Thay are hellbent on following George Bush style politics, especially with their newer policy of prison building and mandatory minimum sentences. When the Liberals were in power they did decriminalized marijuana(up to 27 grams) but as soon as the Tories won they reversed that law.
 
At first I thought this was about Ontario California, and I got really excited and happy. Then I realized it was Canada, and got sad. I am glad that Canadians are able to see the benefits of cannabis. Now we just need some American judges to do the same thing over here.
 
Elf Machine said:
The federal conservatives will not let that happen. Thay are hellbent on following George Bush style politics, especially with their newer policy of prison building and mandatory minimum sentences. When the Liberals were in power they did decriminalized marijuana(up to 27 grams) but as soon as the Tories won they reversed that law.
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One benefit that will help stall the Tories is the fact that elections will be happening during that time. On top of that, they have to fully establish themselves again among other things. It *could* happen... all we need is a precedence that will start this... once someone gets caught again and goes up to the Supreme court, the we will have a STRONG case law that the lower courts will have to follow.... of course all this can come crumbling down fairly quickly if the Tories just create a new law that crushes the Stare Decisis of the Supreme court of Canada.... through Legislative Supremacy...

Hears hoping it all works out! :d :roll:

ElusiveMind

EDIT:

Actually I totally forgot the whole stance on this case was the fact that it was unconstitutional!! Only way to beat this down is if the government can pass the Oakes test successfully... which I forsee could be difficult... :d
 
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