Yellowknife (Dec 15/03) - Dozens of Northerners got an early Christmas present this week when Justice Canada announced it would stay an estimated 4,000 pot possession cases across the country.

The decision means 10 active files in the NWT and 52 in Nunavut will be put on hold, said Justice Department spokesperson Pascale Boulay.

If the charges aren't brought back to court within the next year, they will be permanently dismissed, Boulay added.

The reprieve, which was first reported in Tuesday's Globe and Mail, will cover all possession charges filed in Canada between July 31, 2001 and October 7, 2003.

Justice Canada made the decision following an Ontario Court of Appeal ruling that said Canadians have a legal right to possess less than 30 grams of marijuana for medicinal purposes. The ruling invalidated Canada's possession laws, declaring them unconstitutional.

The loophole wasn't closed until October, when health Minister Anne McLellan introduced permanent legislation allowing access to medicinal marijuana for certified patients only while still restricting it's use for non-medicinal purposes.

Although the court decision only applies to Ontario, Boulay said the Justice Department wanted to ensure "fair and consistent" standards across the country.

First case in Yellowknife

A Yellowknife judge mentioned the Globe and Mail article during a possession case heard Tuesday, prompting one surprised Crown attorney to ask for an adjournment until January.

Boulay said prosecutors should have been notified of the decision earlier this week but there could have been a lapse in communications.

While the decision was met with a sigh of relief by many, Boulay said the decision does not amount to a free pass for pot users.

"It's not a freebie. The decision only affects charges filed between July 31, 2001 and October 7, 2003.

"People should understand that possession of marijuana is still a criminal offence and offenders will continue to be prosecuted."