Pubdate: Thu, 17 Jan 2013
Source: St. Albert Leader (CN AB)
Copyright: 2013 St. Albert Leader
Contact: 13 Mission Ave., St. Albert , Alta. T8N 1H6
Website: http://www.stalbertleader.com/
Details: http://www.mapinc.org/media/5428
Author: Glen Cook, St. Albert Leader
Note: with files from Tony Blais, Sun Media News Services

BONG SHOP BYLAW NIXED

Changes to St. Albert's business licensing bylaw that were aimed
squarely at drug paraphernalia shops have been struck down by a
provincial judge.

Alberta Court of Queen's Bench Judge Terry Clackson's written decision
(full PDF below story) was released Friday, which found that the bylaw
oversteps municipal boundaries and is unconstitutional.

"In my view, in legal effect and in practical effect, the impugned
bylaw is about criminal law, a power which is plainly beyond the
competence of the municipality," Clackson wrote.

"Therefore, both in terms of purpose and in terms of effect, the
amending bylaw is legislation in relation to criminal law. As such it
is ultra vires [beyond the power of] the municipality and must be
struck down."

The amendments to the licensing bylaw were first brought forward to
city council in late 2011, after Mayor Nolan Crouse made a motion
asking City administration to look into the matter, and ultimately
passed in April 2012, spelling out a range of "restricted products,"
from grinders to digital weigh scales to detoxifying products, and not
allowing a business to sell more than three such products in their
store.

The bylaw was challenged in court by the owner of Chad420 Smoke Shop
in Gateway Village after the store was inspected and ticketed in May
2012.

The trial was held Oct. 30, wherein Aleksandra Simic, the lawyer for
Chad420 Smoke Shop, argued that the bylaw went beyond municipal
jurisdiction and also interfered with freedom of expression under the
Charter of Rights and Freedoms.

Meanwhile, Steve Phipps, the lawyer hired by the City, argued that the
purpose of the bylaw was to promote the safety, health and welfare of
St. Albertans, but Clackson noted that justification was never used in
the documents presented to council leading up to the vote on the bylaw
changes.

"In my view the amending bylaw has the look and feel of morality
legislation," Clackson wrote. "What was plainly in the mind of the
City was illegal narcotics. The amending bylaw has the look and feel
of a statement that 'this kind of thing isn't going to happen in my
City' and it is plainly designed to address the perceived enforcement
difficulties associated with the Criminal Code provisions relating to
items which might be considered drug paraphernalia."

Crouse said Friday afternoon that he wasn't too distressed over the
ruling.

"We'll go back and make corrections and honour the ruling," he said
during a break in a day-long planning session. "It was important that
due process was followed. I'm absolutely OK with due process We'll
make sure everything possible is in place to put enough emphasis on
proper sale procedures and proper sale processes."

At the same time as the amendments to the business licensing bylaw
were made, council also amended the City's tobacco retail bylaw to add
devices meant to facilitate smoking activity to the definition of
"tobacco products."

GLENN COOK, St. Albert Leader (with files from Tony Blais, Sun Media
News Services) 
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MAP posted-by: Jo-D