Pubdate: Fri, 25 Nov 2011
Source: Times & Transcript (Moncton, CN NK)
Copyright: 2011 New Brunswick Publishing Company
Contact: http://timestranscript.canadaeast.com/onsite.php?page=contact#B
Website: http://timestranscript.canadaeast.com/
Details: http://www.mapinc.org/media/2660

JUDGE TAKES HIGH ROAD IN POT RULING

B.C. Man Failed to Prove Marijuana Use Served Religious Purpose, Judge Rules

VANCOUVER - A federal judge has ruled that a Vancouver man was 
blowing smoke when he claimed that he should be allowed to smoke up 
to seven grams of marijuana - about 35 joints - every day for 
religious purposes.

Christopher Bennett is a member of the Church of the Universe, which 
believes cannabis is the "tree of life." He tried to argue that 
Canada's drug laws infringed upon his religious rights.

But in a detailed 21-page ruling, Judge Michel Shore said Bennett 
failed to show that his marijuana consumption "has any nexus with 
religion." "While the applicant has shown that his practice is based 
on the belief that cannabis is the tree of life, this, in and of 
itself, does not make it a religious practice," Shore wrote.

In an interview, Bennett, 49, said he has been using cannabis as a 
religious sacrament for more than 20 years. "It's not just some 
gimmick," he said. "By ingesting cannabis, we share ! in this 
collective consciousness, which is an aspect of God. That's a common 
belief in countless mystical traditions." Bennett, a former 
"hippie-surfer" in Ucluelet on Vancouver Island, started smoking 
marijuana when he was 12. In 1990, he joined the Church of the 
Universe after he had a marijuana-induced "epiphany" that cannabis 
was the tree of life referred to in the Book of Revelation. "It was 
the pivotal moment in my life," he said. Bennett's clash with the 
government began in February 2009, when he wrote to the federal 
health minister seeking a "public interest" exemption from the 
Controlled Drugs and Substances Act on religious grounds.

But officials with Health Canada's Office of Controlled Substances 
denied Bennett's request.

Bennett turned to the Federal Court for a second opinion.

In his ruling, Shore concluded that Bennett's marijuana consumption 
amounted to a secular "lifestyle choice" that was not protected by 
the charter right of freedom of religion.
- ---
MAP posted-by: Jay Bergstrom