Pubdate: Tue, 26 Sep 2006
Source: Calgary Herald (CN AB)
Copyright: 2006 Calgary Herald
Author: Colette Derworiz, Calgary Herald


Grant Krieger, a well-known pot crusader, has again been found guilty 
of trafficking in marijuana after he sent packages to people in 
Manitoba for medicinal uses on two separate occasions.

Provincial court Judge William Pepler found Krieger guilty Monday of 
two counts of trafficking in marijuana on Dec. 3, 2003 and Jan. 8, 2004.

Krieger's lawyer, John Hooker, had used a Charter argument that was 
successful in the Henry Morgentaler case, in which the government 
permits women to legally have abortions but then puts hurdles in place.

However, Pepler said in a written decision there are 14 people and 11 
physicians in Manitoba authorized by Health Canada to provide medical 

"The regulations providing for a medical marijuana exemption are 
working successfully," he wrote. "More persons are authorized to 
possess and more physicians are participating in the program."

Pepler said there is no violation of Krieger's Charter rights in his 
21-page written decision.

"I find no Charter breach and therefore no defence to the charges and 
findings of guilt are made and convictions entered," he wrote.

Krieger, 52, said he's not giving up.

"It's rather disappointing," he said. "However, after my lawyer reads 
the written decision, he's already said there is a couple of words in 
there that we could use to appeal on. And the judge said it's open to appeal."

Hooker said he and his client will decide how to proceed after he 
reads the written decision.

Krieger will be back in provincial court Feb. 12 for sentencing on 
the conviction.

He also has a case pending before the Supreme Court of Canada that 
will determine whether he will get a jury trial on a previous 
conviction for similar charges.
- ---
MAP posted-by: Elaine