Pubdate: Fri, 06 Oct 2006 Source: Sudbury Star (CN ON) Section: Pg A5 Copyright: 2006 The Sudbury Star Contact: http://www.thesudburystar.com Details: http://www.mapinc.org/media/608 Author: Maria Calabrese, Osprey News Network, North Bay Nugget Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada) OUT OF JAIL AND INTO POLITICS Cannabis Candidate Comes Out Of The Weeds Michel Ethier walked out of the North Bay courthouse, stood in the afternoon sun and celebrated his freedom in a style befitting a pot activist. "This tastes good. I love it," he said, savouring a joint offered by a supporter after being released from custody Tuesday. Ethier filed his papers from jail to challenge incumbent Joanne Savage and newcomer Claude Arcand for the mayor's job in West Nipissing during the Nov. 13 municipal election. Ethier's campaign began as soon as he stepped outside. "I'll do my best to put an end to prohibition of cannabis in West Nipissing," he said. It's been more than four months since "Rev. Ethier" - head of the Church of the Universe, a religion that uses marijuana as a sacrament - - has tasted the weed that kept him locked up at the North Bay Jail longer than needed, he admits, because he wanted to make a point. Ethier, 49, pleaded guilty Tuesday to possessing 140 grams of marijuana two years ago - about the same weight as a drained tin of tuna. He was sentenced to time served and released. The plea was the last breath in a dying case that saw the judge throw buckets of legal precedents at Ethier and drown arguments that his rights were violated. Ethier took the case to trial to challenge the search warrants that led to his arrest. The law, when it comes to marijuana, doesn't look like it's going to change anytime soon, said Ontario Court Justice Gregory Rodgers, referring to recent reports that the Conservative government plans to eliminate a $4-million medical marijuana program that researched the impact of pot on Canadians who are ill. Ethier has raised legitimate issues during the trial about alternative uses of marijuana and how Canadian law prevents people from accessing it for medicinal use, the judge said, noting there's a price to pay for taking a stance contrary to law. "Your freedom is very precious. You should be very careful what you do with your freedom and what you trade it for," Justice Rodgers told him. He has a string of arrests involving marijuana and has often challenged the charges, saying they violate his religious right to smoke it. Among the followers who hugged and greeted him outside the courtroom were two men licensed to smoke marijuana for medicinal use, and others who said they use it illegally because of the red tape to get permission. "A joint is better than taking a pill or a needle," said Ruby Ouderkirk, adding family doctors are reluctant to broach the issue and force patients to see specialists. "People's attitudes change with time," added a hopeful Jim Hoad, who was arrested alongside Ethier. Hoad's charges were dropped after a federal Crown failed to show up for his preliminary hearing. Court heard police found a 40-hectare marijuana grow operation and had search warrants to conduct surveillance at Hoad's former residence on Highway 64. Police saw Ethier drive onto the property and hide a bag under the hood of his car. Highway patrol was alerted, stopped Ethier about 30 minutes later in Sturgeon Falls and found the pot. Ethier argued through his lawyer, Frank Falconi, that police didn't have a warrant to search the car. There's a longstanding rule, the judge said, that police powers include the right to search an accused person and his surroundings at the time of the arrest. Falconi also argued police had a search warrant for still cameras hidden in trees at the grow op, but not the cameras used to tape Ethier's visit. Ethier has no reasonable expectation of privacy even though he wasn't the target of the police investigation, the judge said, adding police still witnessed the visit without the surveillance equipment. - --- MAP posted-by: Beth Wehrman