Pubdate: Fri, 19 Jun 2015
Source: Observer, The (CN ON)
Copyright: 2015, Sarnia Observer
Author: Neil Bowen
Page: A2
Referenced: Supreme Court Judgment (R. v. Smith):


Accused's Belief Confirmed in Court

Karl Matthews' loud assertion that drug and Highway Traffic Act 
charges would not bring convictions was proven correct in Sarnia court.

A Feb. 27 charge of possession of hashish oil against the 32-year-old 
Plympton-Wyoming man was stayed Wednesday. Stayed means the 
prosecution is suspended but the charge could be returned to court 
within a year.

Outside the courthouse, Matthews said the Crown could not win the 
case and his numerous court appearances had been a waste of time.

His frustration had been obvious during previous times in the 
courtroom when he used obscene adjectives to describe the process.

Since his arrest Matthews had said the police search that found the 
drug was improper.

Outside the courthouse, federal prosecutor Michael Robb said the stay 
decision took into consideration issues regarding the search.

At the same time as the search Matthews had been charged with a 
number of Highway Traffic Act offences. Those charges were not 
pursued by the prosecutors following a provincial offences court 
appearance last week.

Matthews had described the drug as a medicine and had offered 
documents to the prosecution in support of his claim.

The medical use of the drug was not an issue in the stay decision, said Robb.

Possession of marijuana for medical purposes is allowed in accordance 
with government regulations. A recent Supreme Court ruling stated 
restriction of medical marijuana to dried marijuana was unconstitutional.
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