Pubdate: Fri, 18 Jan 2013
Source: Edmonton Sun (CN AB)
Copyright: 2013 Canoe Limited Partnership.
Contact:  http://www.edmontonsun.com
Details: http://www.mapinc.org/media/135
Author: Dave Lazzarino

ALBERTA CITY TO APPEAL BONG SALES COURT DECISION

A decision to allow St. Albert shops to sell bongs may face opposition
as the city said Friday it plans to file an appeal.

"The City has decided to appeal the ruling because we find that the
Justice failed to consider that these regulations form part of a
comprehensive and legal system of business licensing," said city
manager Patrick Draper in the release.

The Court of Queen's Bench ruling to strike down the St. Albert bylaw
amendment aimed at discouraging the sale of pipes, bongs, grinders,
scales and other drug-related products was handed down Jan. 11.

The ruling in question by Justice Terry Clarkson suggested the bylaw
dealt with areas of criminal law which is "beyond the competence of
the municipality."

But according to the city, they are constitutionally entitled to enact
the bylaw amendment, which they said was meant to promote the safety,
health and welfare of its residents.

"Under the Constitution, the power to regulate businesses through
licensing is clearly a provincial power, and in Alberta, this power is
delegated to municipalities through the Municipal Government Act,"
said city solicitor Gene Klenke in the city's release.

"Aspects of the bylaw complement federal jurisdiction, and our view is
that the municipal aspects are more important or at least as important."

The city plans to file their appeal Monday. 
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MAP posted-by: Jo-D