Pubdate: Fri, 28 Feb 2014
Source: Edmonton Sun (CN AB)
Copyright: 2014 Canoe Limited Partnership.
Contact: http://www.edmontonsun.com/letter-to-editor
Website: http://www.edmontonsun.com
Details: http://www.mapinc.org/media/135
Author: Tony Blais
Bookmark: http://www.mapinc.org/find?228 (Paraphernalia)

UP IN SMOKE

St. Albert Bylaw Upheld Banning Sale of Drug Paraphernalia

Alberta's highest court has ruled a St. Albert licensing bylaw 
prohibiting the sale of drug paraphernalia at so-called bong or head 
shops is valid.

The Court of Appeal of Alberta decision, issued Thursday, overturns 
an earlier Court of Queen's Bench ruling declaring the bylaw unconstitutional.

The three-judge panel found that the bylaw was within St. Albert's 
jurisdiction because it contains aspects of both the federal power 
over criminal law and the provincial power over licensing and 
regulating businesses.

The lower court judge had ruled on Jan. 11, 2013, that the bylaw had 
to be struck down because it illegally delved into Criminal Code 
powers. He also noted that the bylaw had "the look and feel of 
morality legislation."

However, the appeal panel found the provincial aspects of the bylaw - 
which include the suppression of conditions that are likely to cause 
crime and prevention to enforce local standards of morality - were pertinent.

Scott McAnsh, the Ottawa lawyer who represented the City of St. 
Albert, said Thursday they were "pleased" with the outcome, which 
found that the bylaw is constitutional and falls within provincial legislation.

"The bylaw is valid and is binding law in St. Albert," said McAnsh.

The matter first came to court as a result of the Chad Smoke Shop at 
207 Gateway Village being ticketed under the amended bylaw following 
a May 15 inspection.

The St. Albert business, which opened its doors in April 2011, also 
received a written notice stating that its business licence would be 
seized and its licence would be suspended for five days.

Both the ticket and an appeal to the licensing review committee had 
been stayed pending the appeal.

During the Oct. 30, 2012, trial, court heard the City of St. Albert 
had amended its business licence bylaw over concerns that stores 
selling drug paraphernalia items, such as pipes, bongs, grinders and 
scales, might be used by persons involved with illegal narcotics.

Court also heard that, while looking into the issue, St. Albert Mayor 
Nolan Crouse wrote a letter to other cities and towns in the Edmonton 
area looking for information relating to their experience with such 
stores, which he said were "interestingly now moving out from 
'big-city' Alberta to smaller cities and towns."

The letter also stated: "I encourage you to visit your Smoke Shop; 
you may be surprised."

Aleksandra Simic, the lawyer for the Chad Smoke Shop, argued the 
amended bylaw was unconstitutional because its substance related to 
criminal law and it interfered with the freedom of expression under 
the Charter of Rights and Freedoms.

Chad's Smoke Shop has 60 days to seek leave to appeal the decision to 
the Supreme Court of Canada.
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MAP posted-by: Jay Bergstrom