Pubdate: Wed, 27 Jul 2016
Source: Province, The (CN BC)
Copyright: 2016 Postmedia Network Inc.
Contact:  http://www.theprovince.com/
Details: http://www.mapinc.org/media/476
Author: Stephanie Ip
Page: 10

POT SHOP OWNER TAKES CITY TO COURT OVER BYLAWS

A local pot businessman has filed a constitutional challenge against
the City of Vancouver, hoping to keep his dispensaries open..

Don Briere of the Weeds Glass and Gifts chain of dispensaries filed a
court petition earlier this month, arguing the city's licensing
bylaws, which went into effect in May, infringe on a constitutional
right to access medical marijuana.

The challenge, filed July 11, argues the city's licensing and zoning
bylaws for dispensaries "unduly restrict access to medical marijuana"
and infringe on charter rights. It also argues that any bylaw tickets
that have been issued to dispensaries should be declared void.

Briere has also filed a similar challenge in the City of Abbotsford,
where one of two shops he operates was closed after the city handed
down an injunction.

That challenge is being heard in court this week.

"The hope is that we can have these establishments continue on in a
way that is safe for them and safe for their customers until things
are crystallized legally," said lawyer Dean Davison, who filed the
petitions on Briere's behalf. "Really, this is something the federal
government should be dealing with, and not the municipal
government."

The Liberal federal government has said it will table legislation in
spring 2017 to legalize marijuana.

Vancouver city officials began cracking down on dispensaries earlier
this year, following an uptick in the number setting up shop,
requiring marijuana-related businesses to apply for licences.
Applicants who did not meet the requirements were rejected, while
others chose to appeal. (Dispensaries must be in commercial zones, 300
metres from schools, community centres and another
dispensary.)

As many as 135 businesses were identified as contravening the city's
guidelines and told to comply or close by the deadline of April 29.
Briere, the director of the Canadian Weed Cannabis Society, was among
those whose dispensaries were given $250 fines in the first week of
enforcement, but had vowed to take the city to court.

At the time of the petition's filing, Briere's five Weeds locations
had been issued a total of 67 tickets.

Davison noted many medical marijuana users he spoke to in preparation
for the filing were "quite a bit older and some are severely
disabled," and it's those users being punished by the city's crackdown.

Vancouver has been given until Aug. 1 to respond. According to
spokesman Tobin Postma, the city's legal team is drafting a response.
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MAP posted-by: Matt