Pubdate: Wed, 08 Aug 2007
Source: Toronto Star (CN ON)
Copyright: 2007 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Tracey Tyler
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

CHURCH ARGUES MARIJUANA A SACRAMENT

Parishioners Plan Charter Challenge, Say Current Policy Infringes On 
Their Religious Rights

If some religions sip wine at the altar, others should be allowed to 
smoke pot. At least according to Rev. Edwin Pearson and Rev. Michel 
Ethier, two ordained ministers behind a proposed $25 million class 
action lawsuit challenging Canada's marijuana laws.

The ministers, along with lay preacher James Hoad, allege the federal 
government is violating the religious freedom of members of the 
Church of the Universe, which claims marijuana as a "sacrament."

In a statement of claim filed with the Federal Court of Canada, the 
trio accuses the government of harassing church members and 
"denuding" them of their dignity, often stopping them as they leave 
services seizing "sacramental cannabis" and rifling through parish records.

"The Church Abbott and all reverends of the Church are obliged to use 
cannabis for sacramental purposes in all its forms," said Ethier, who 
has been convicted six times of marijuana possession since 1998, in 
an affidavit filed with the court.

"I have been unable to peaceably meet with parishioners without fear 
of losing my freedom."

The lawsuit, filed on behalf of as many as 4,000 church members, 
claims $9,000 in damages for each member for various breaches of the 
Charter of Rights and Freedoms and the alleged abuse of public office 
by unnamed government officials. The plaintiffs are also seeking $25 
million in punitive damages.

The case is the latest gambit in the church's long-running battle 
against pot prohibitions. The basis of this latest challenge appears 
to be the plaintiffs' claim that since 2003, Canada has had no valid 
criminal law banning marijuana possession.

That allegation might just "have some foundation in reality," says 
Toronto criminal lawyer Paul Burstein, who has no involvement in the 
case but extensive litigation experience in the area.

Earlier this month, an Ontario Court judge in Toronto acquitted a man 
named Clifford Long, holding that Canada's marijuana possession laws 
are unconstitutional. Justice Howard Borenstein's verdict had its 
roots in a case decided by the Ontario Court of Appeal seven years 
ago. In that case, the court said the criminal prohibition on 
marijuana possession was unconstitutional because the law did not 
include provisions to allow medical users to obtain the drug legally.

Eventually, the government adopted a policy of supplying marijuana to 
people who were too sick to grow their own and allowing co-operative 
growing operations.

But Borenstein concluded a policy of merely allowing access to the 
drug was hardly an adequate response to previous court findings that 
the law was unconstitutional, since government policies can be 
changed easily and lack the strength of legislation or even a regulation.
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MAP posted-by: Beth Wehrman