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) - --- MAP posted-by: Jo-D