The deciding factor of legal pot in ontario on July14th

In Canada upcoming to the heated election that occurred on May2 2011, many believed that the conservative government would not gain a majority in the house of commons but then ending result was they did achieve just that. This was a massive blow to marijuana reform because the now federal conservative government has the power to try and push their right wing crime bill aimed primarily at marijuana users and growers. This bill will add mandatory minimum sentences for people growing pot or even producing hashish with terms like 9 months for growing a single plant or 2 years for making hash at any quantity. On one side you had the NDP which basically thinks no one should face criminal prosecution for any marijuana related offenses and the other was the federal conservative government opting to absolutely destroy marijuana reform. Even though the conservatives had lost the popular vote then still hold a majority now based upon having more seats in parliament then the opposition and this now allows for another wack at their right winged agenda.

Is this the end of the possibility of pot becoming decriminalized? no it does not in fact there is a superior court decision in Ontario Canada that could bring and end to the feds plans. On April 14th of 2011 a superior court judge in Ontario took a swing at marijuana reform by squashing all marijuana laws in the region. This case originated from a person being arrested for having medical pot without a license which the government requires. Basically the defendant could not get a doctor to sign off on his form to then send in to be considered for the medical marijuana program that health Canada oversees when his illness is one of the many that allows for the possible use of medical marijuana  according to the current legislation.

The judge overseeing the case said the current laws surrounding the medical marijuana program are unconstitutional because many people which should be able to register cannot because doctors are afraid to sign off. It should be noted that although many doctors agree pot has medical benefits that could help their patents they simply are worried about ridicule from their peers and associations. This leads to the unconstitutional part because you now have some people gaining access to the program because they have a doctor in their municipality that signs off while others with the same illness cannot find a doctor to do the same.

Furthermore the judge stated that all marijuana laws in Ontario are unconstitutional because people who should have access because of an illness do not and the federal government cannot pick and choose which illness they think should be eligible. The superior court judge gave the federal government 90 days to reform the marijuana medical legislation and provide an appeal or on July 14th 2011 all pot will be legal and his ruling is binding. According to our sources the government has already appealed and even went as far as to say the judge made an error in law. I am simply amazed at the pure dysfunction the government displays to actually say the supreme court judge in Ontario made an error. He is the law and is sworn to uphold rights and freedoms and to serve the public not the federal government.

We will have to wait and see how this plays out for Canadians in the coming months but unless the governments lawyers can find some legal clause this ruling will come into effect.

We look forward to your comments and opinions.