Pubdate: Thu, 22 May 2014
Source: Kamloops This Week (CN BC)
Copyright: 2014 Kamloops This Week
Contact:  http://www.kamloopsthisweek.com/
Details: http://www.mapinc.org/media/1271
Author: Tim Petruk
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

CROWN DROPS CHARGES AGAINST POT DISPENSARY

Charges against the owner of a Kamloops marijuana dispensary that was 
raided by police in 2011 have been dropped by the Crown - a move the 
accused's lawyer said is designed to stop a constitutional challenge 
of Canada's pot laws that was slated to take place later this year.

In Kamloops provincial court on Wednesday, May 21, federal Crown 
prosecutor Lesley Ann Kilgore stayed all counts against Carl Anderson 
and Wesley Jenkins.

"I think they were in a bind," said Shawn Buckley, the defence lawyer 
representing Anderson.

"They realized we were going to get a strong decision from the court."

Anderson and Jenkins were charged with possession of a controlled 
substance following the November 2011 raid of Anderson's Canadian 
Safe Cannabis Society storefront on Tranquille Road.

In April, a provincial court judge ruled Buckley's challenge of the 
constitutionality of Canada's pot laws could proceed.

In court on Wednesday, Kilgore said the decision to drop the charges 
was based on two factors - the likelihood of conviction and public interest.

"Prior to this decision being made, consultation with the various 
agencies involved in this prosecution has occurred and we have taken 
into account the specific circumstances of this case and the changing 
landscape of the law in relation to medical marijuana resulting from 
ongoing litigation before our higher courts," she said, specifically 
referencing the "relatively small" amount of marijuana seized and the 
fact Anderson and Jenkins were selling to people with licences or 
references from physicians.

"We, therefore, have concluded that it is no longer in the public 
interest to pursue this prosecution and direct a stay of proceedings."

Now that the Crown has stayed all charges, Anderson's challenge - 
which would have been under Section 52 of the Constitution Act - has 
no way of proceeding.

Section 52 states: "The Constitution of Canada is the supreme law of 
Canada, and any law that is inconsistent with the provisions of the 
Constitution is, to the extent of the inconsistency, of no force or effect."

Anderson's argument was that Canada's marijuana laws are not 
consistent with what is set forth in the Constitution - namely 
Section 7 of the Canadian Charter of Rights and Freedoms, which 
guarantees Canadians the right to life, liberty and security of the person.

Buckley expected to argue Canada's marijuana laws violate the 
security of person because they put patients who require medicinal 
marijuana at risk as there is no practical way to test its safety nor 
complex chemical requirements without assistance and expertise of 
compassion clubs.

At Canadian Safe Cannabis Society, he said, Anderson and other staff 
have knowledge and experience in testing marijuana and can ensure 
their clients they know what is in their product.

Buckley expected Anderson to testify during the constitutional 
challenge, along with members of the compassion club and expert witnesses.

"I can honestly say I was really disappointed," Buckley said of the 
charges being dropped. "Usually, we're quite pleased when the Crown 
says it's going to drop charges."

There's still one unresolved issue in the case - $500 that was seized 
by police during the raid.

"In the Crown's position, it would be proceeds from illegal sales," 
Kilgore said.

Kamloops provincial court Judge Stella Frame said the Crown can't 
have it both ways - but she'll hear arguments anyway.

"If the Crown is staying these charges, I don't know how that 
application could possibly proceed," she said.

"But, as you say, you'll have your hearing."

Lawyers will meet on May 29 to fix a date for that hearing.
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MAP posted-by: Jay Bergstrom