cannabisnews.com: Calls Flood In Over B.C. Judge's Ruling 





Calls Flood In Over B.C. Judge's Ruling 
Posted by CN Staff on September 16, 2003 at 15:55:49 PT
By Emily Yearwood-Lee
Source: Canadian Press 
Vancouver -- Phone calls are flooding the office of a B.C. lawyer who successfully argued his client couldn't be prosecuted because the law governing marijuana possession no longer exists. "I've been photocopying madly my book of authorities, which I've filed to pass around to other lawyers and they've been phoning me almost non-stop since this judgment came down to get copies of it," Troy Anderson, a lawyer in suburban New Westminster, said Tuesday. 
Before his client, Kurtis Lee Masse, entered a plea on pot possession allegations stemming from earlier this year, Anderson brought forward an application arguing there was no such offence, relying on an Ontario Court of Appeal ruling from 2000. "It was successful, so I would expect and - from what I've been hearing from other defence lawyers - other people are bringing the same sort of application," said Anderson. Judge Patrick Chen wrote that, in his view, "Section 4 of the Controlled Drugs and Substances Act, as it applies to marijuana, ceased to be valid legislation after July 31, 2001." The date refers to the expiry of a one-year grace period set by the Ontario court in making its ruling in the earlier case. Chen wrote that the Ontario decision "severed the marijuana possession prohibition from other parts of Section 4 of the Controlled Drugs and Substances Act and declared it to be invalid, but suspended the declaration of invalidity for a period of one year 'to provide Parliament with the opportunity to fill the void.' " Government lawyers are looking at whether to appeal Chen's ruling, said a spokeswoman for the federal Department of Justice's B.C. region. "I think it's important for British Columbians to know there is still an existing law in this province and the judgment is not binding," said Lyse Cantin. "So it continues to be an offence to have simple possession." B.C. Solicitor General Rich Coleman agreed, saying the decision would not bind the B.C. Supreme Court or the Supreme Court of Canada. "We'll watch whether an appeal takes place and moves forward," said Coleman. A spokeswoman for Vancouver's police department said she hasn't heard of any fallout so far from Chen's Sept. 4 ruling. "As far as law enforcement is concerned, it is still considered to be an illegal substance and officers can still proceed with requests to counsel for charges if they feel its necessary," said Const. Sarah Bloor. The Justice Department has received notice from lawyers in two cases so far intending to make the same argument before other judges, said Bob Prior, director of federal prosecution services. Coleman said it would be better for courts "to allow us as governments to actually deal with the issue at a global level, rather than having decisions that send mixed messages to the public." New federal legislation that would decriminalize possession of marijuana was proposed earlier this year. As it stands, a patchwork of sorts now covers marijuana possession across the country, said Anderson. "It's a very confusing situation for your average individual," he said. Recent court decisions in Ontario have struck down laws that made simple possession of cannabis a criminal offence. Law enforcement officials now are awaiting federal legislation that will define new laws governing pot. Anderson said he didn't expect the Chen ruling would have a "great deal" of impact in other provinces. "It's another piece of persuasive authority to be considered," he said. "It's a long, exhaustive case as far as considering the law and I would think another judge in another province would look at it very carefully." Copies of the decision are also being handed out at the headquarters of the B.C. Marijuana Party, where a banner hung outside trumpets that marijuana possession is legal in B.C., said spokesman Marc Emery. "You can quite reliably quote that to a police officer, a Crown attorney, a judge and it does have influence in British Columbia," he said. "It's not binding, but it will be very influential and a lot of judges will refuse to proceed with any marijuana possession offences now." Complete Title: Calls Flood In Over B.C. Judge's Ruling That Pot Law Doesn't Exist.Newshawk: puff_tuff Source: Canadian Press Author: Emily Yearwood-LeePublished: September 16, 2003Copyright: 2003 The Canadian PressRelated Articles & Web Site:B.C. Marijuana Partyhttp://www.bcmarijuanaparty.ca/Text of Judge Chen's Decision http://freedomtoexhale.com/legalbc.htmPot Verdict Raises U.S. Hackles http://cannabisnews.com/news/thread17318.shtmlB.C.'s Marijuana Law Doesn't Exist, Judge Ruleshttp://cannabisnews.com/news/thread17313.shtmlMarijuana Laws Struck Down in British Columbia http://cannabisnews.com/news/thread17293.shtml
Home Comment Email Register Recent Comments Help




Comment #17 posted by ron on September 17, 2003 at 11:53:28 PT
Thanks for the link Jose
Good to read Steve's testimony. Treating people with contempt, indifference and brutality seems common to police forces in both countries these days. Foreigners get supersized treatment. Still though, I'm sorry for the treatment Steve Tuck and Steve Kubby received from the Sechelt representatives of the RCMP. The "Mounties" have become a national disgrace in everyones eyes but the media. They are marketed by Disney Corporation, whose positive TV and movie images cannot overcome widely held views that they are lackeys of the US warriors. Currently, their longtime practice of dropping off First Nations inebriates outside prairie cities in 40 below zero weather is being uncovered and the number of dead is being tallied. Disney will have to work overtime to overcome that image of RCMP callousness.Sechelt's mounties continued the tradition of callousness.I wonder if Steve was ever able to get the police video? 
[ Post Comment ]


Comment #16 posted by FoM on September 17, 2003 at 11:09:51 PT
A Little Humor
I was born in the south so I'm a Rebel and was raised in the north so I'm a Yank. That must mean I'm a Yankee Rebel! LOL!
[ Post Comment ]


Comment #15 posted by herbdoc215 on September 17, 2003 at 10:51:46 PT
Kap, I done told them 'bout that "Yankee" cra
myself, I am not nor NEVER will be a damned "yank" and as a Rebel myself I can say I've told them many times about that word. Peace, steve tuck
[ Post Comment ]


Comment #14 posted by kaptinemo on September 17, 2003 at 09:08:04 PT:
The smokeout: God, I wish I could be there!
But they'd likely throw my Rebel (Don't you EVER call me a 'Yankee'!) arse back across the border, the minute I opened my mouth to talk to a camera crew.
[ Post Comment ]


Comment #13 posted by Jose Melendez on September 17, 2003 at 08:50:04 PT
you rock, herbdoc
Lest anyone forget: "Suicidal Pain"http://www.hillbillydreams.ca/lost_refuge.htm
[ Post Comment ]


Comment #12 posted by ron on September 16, 2003 at 23:00:15 PT
Bravo Marc
No wonder scores of women disappeared off the streets of Vancouver and police didn't notice for a decade. These guys don't understand what they're paid big bucks to do, and that is to follow the directions of the court, not to propagandize and threaten the citizenry with bogus claims.Rich Coleman is a disgrace to the office of Solicitor General. He has called for DEA style War on Pot to deal with suppliers in BC. Does he know who Harry Anslinger was?
 Go get em Marc. Maybe they'll DARE come out and talk to you without the riot gear. Somehow though, I doubt it. As far as I can tell they only DARE to reason with pre pubescents. After that its the Darth Vader approach - do as I say, or else...It's time they justified this inshame war on some drugs. We want to know how much of our police tax dollar goes to persecute marijuana users, how much for cocaine, heroin etc. I think it's half a billion a year to tempt BC cops to turn into slimy narks. They boondogle with our money by befriending and betraying helpless addicts and turning them into informers - at a much lower pay rate and status than undercover narks. Or they play with high tech toys and bust grow ops. It seems like 90% of the busted are Vietnamese. When families live in the house, mom and pop are charged and the kids put into foster care. Does anyone have more info on this vile Vancouver police practice?I agree with Marc's proposal for a fresh start with the Vancouver police. Those who have become addicted to persecution of other people or inordinately corrupted by the system should be superannuated and their pictures posted on a Wall of Shame. Those who avoided Nark service could be confirmed in their cop roles if they agree drug usage is primarily a health matter, and not police business.And the few, like Constable Gil Puder, who opposed the insanity from within the Vancouver police department, these few should be promoted. Then maybe we won't have to wait until fifty women disappear before they notice, and then watch twenty more women disappear into Pickton's pig farm before they catch the serial killer. Somehow, the picture of them wallowing in all that pig crap, digging for the bones of girls they couldn't protect, seems fitting.Now these incompetents mumble threats and bring out Rich Coleman as a legal expert. After all he used to be a cop, worked security and sold real estate and there's no law that says you have to be a lawyer to be Solicitor General. Or even competent. How do these kinds of people worm their way into high offices?Have any of them heard of Harry Anslinger? Does anyone know where I can find anything positive about this man that's been written since he died in 1975?Let's pray for thousands to accompany Marc and for magic to happen on Thursday at 420. 
 
[ Post Comment ]


Comment #11 posted by FoM on September 16, 2003 at 21:58:39 PT
Thanks herbdoc215!
Your gift made me very happy!
[ Post Comment ]


Comment #10 posted by herbdoc215 on September 16, 2003 at 21:23:20 PT
Excellent choice...it shall be done in your name
to Cheryl...she would've liked that...Gary said when he told Jim on the road about the 1000 seeds I donated that he said this was "grass-roots" support at it's finest:) I have also challenged all the other seed companies to match my 1000 seeds...was kinda hoping everybody could put their differences aside for Cheryl and we could have a "Mega-auction" to get max benifit??? Anybody got any ideas feel free to e-mail me. FoM, never think for a second that what your doing goes unappreciated or unnoticed...you go girl! Peace, Steve Tuck
[ Post Comment ]


Comment #9 posted by FoM on September 16, 2003 at 21:12:04 PT
Thank You So Much herbdoc215
It didn't take me long to figure out where to send a donation. Jim and the patients need money and that would be wonderful! I hope that is ok. http://www.cheryldcmemorial.org/http://www.cheryldcmemorial.org/donate.htm
[ Post Comment ]


Comment #8 posted by herbdoc215 on September 16, 2003 at 21:00:17 PT:
FoM, by the way I thought you might be interested.
but a certain strain we have called "Martha's Triumph" ended the last 6 month period as our third best seller and I've been getting alot of raves on it and quite a few people are entering it in harvest festivals this year...looks like this ones here to stay...well to make a long story short we got a few bucks to donate to C-news... 10% of it's sales from last 2 quarters as a suprise for you. If you get a chance in next week e-mail me or call and let me know where/who to send the money order to. Also if this posting is too personal feel free to delete it :) as i just wanted to let you know the good news. We stopped selling seeds to the general public yesterday as a result of an agreement with HC (only medical patients now) and it was like the weight of the world was lifted off my shoulders to step away from a biz thats went from one of the greatest loves of my life to one big pain in the ass. Peace, Steve Tuck    HDSC
[ Post Comment ]


Comment #7 posted by herbdoc215 on September 16, 2003 at 20:42:56 PT
Bgreen, I think I'll mosey on down and support
Marc on this one as a "brother in arms" and we'll just see if the ye ole piggers got the stomach to take a medical patients weed not that I got my "bonifides"??? Even though many here may see me arguing with Marc I am always right beside him when the shit flies, just like last years Walters fiesta! Things are moving fast and bigtime here folks, I can't speak of all of it here and now yet but take my word that some 'wonderous' things are occuring here now. The future looks mighty green from here! Peace, steve tuck
[ Post Comment ]


Comment #6 posted by FoM on September 16, 2003 at 18:57:57 PT
Thanks BGreen
I'm watching it now. I got a t-shirt on the Summer of Legalization Tour with Marc taking a big hit. It's really cool!PS: He just yelled hey lady! That's so funny!http://www.pot-tv.net/ram/pottvshowse2172.ram
[ Post Comment ]


Comment #5 posted by BGreen on September 16, 2003 at 18:46:22 PT
I KNEW I'd do that
Sorry, Marc EMERY!The Reverend BAD Green
[ Post Comment ]


Comment #4 posted by BGreen on September 16, 2003 at 18:44:53 PT
Has everybody seen this video?
Marc Emory took 30 grams of kind bud around to show people what was now legal in B.C., and smokes up with people in some of the "smoke-friendly" establishments as well as with people walking down the street.I was giggling like a schoolgirl while watching this.The Reverend Bud Green
Prince of Pot: Legal Marijuana in BC!
[ Post Comment ]


Comment #3 posted by mayan on September 16, 2003 at 18:28:48 PT
Awareness
Copies of the decision are also being handed out at the headquarters of the B.C. Marijuana Party, where a banner hung outside trumpets that marijuana possession is legal in B.C., said spokesman Marc Emery. "You can quite reliably quote that to a police officer, a Crown attorney, a judge and it does have influence in British Columbia," he said. "It's not binding, but it will be very influential and a lot of judges will refuse to proceed with any marijuana possession offences now."Marc Emery is awesome! He is making damn sure that as many people as possible understand just what is happening. If more people stand up for themselves, the police will be less likely to press charges. Awareness is critical if we are to win this struggle. Our side is definitely more aware. It's good to have Emery on our side.The way out is the way in...A 9/11 Letter To The Boston Globe:
http://www.scoop.co.nz/mason/archive/scoop/stories/41/78/200309160918.8a6e6c51.htmlCheney Claims No Knowledge That White House Helped Evacuate 24 Members of the Bin Laden Family Days After 9/11:
http://www.democracynow.org/article.pl?sid=03/09/16/1559208
[ Post Comment ]


Comment #2 posted by puff_tuff on September 16, 2003 at 18:22:47 PT
Vancouver Police HQ SMOKE-OUT Thursday! 4.00 p.m. 
From Marc Emery / 
Cannabis CultureTue Sep 16 2003 Marijuana Smoke-Out Thursday at 4.00 p.m. at Vancouver Police HeadquartersMarijuana activist Marc Emery announced today that he will lead a Vancouver Smoke-Out beginning at 4.00 p.m. at the police HQ at Cambie and 5th Ave. on this Thursday to criticize Vancouver Police for their claim that they will still enforce the obsolete marijuana possession law.Police Spokesperson Sarah Bloor said on CTV television news : “It is not a binding decision. As far as we’re concerned under the Criminal Code of Canada, it is still illegal to possess marijuana.”The police spokesperson said it will be “up to the discretion of police officers to lay charges”. It is clear that the Police consider themselves superior judges of the law than a Provincial Court Judge who was specifically asked:“(2) The issue before me is simply this: is possession of cannabis (marihuana) an offense known to law in British Columbia?”The judge examined all the relevant cases (Over 20) and concluded:(67) That there is no offence known to law at this time for simple possession of marihuana. It is perfectly clear. This decision from Judge Patrick Chen can be read in its entirety here:http://www.provincialcourt.bc.ca/judgements/pc/2003/03/p03_0328.htmOf particular note to the public and police is this line from Judge Chen’s decision“(53) In my view, Rosenberg (Ontario Court of Appeal) declaration of section 4’s invalidity in Parker was clear, unequivocal, unqualified, unconditional and unrestricted in its application to all citizens.”Note to police, the Ontario Court of Appeal decision in Parker is “clear, unequivocal, unqualified, unconditional, and unrestricted in its application to all citizens.”What part of “clear, unequivocal, unqualified, unconditional, and unrestricted" don’t the police understand? What part of “in its application to all citizens” does Police Chief Jamie Graham not get?To defend our legal right to possess marijuana, I will be smoking out the Vancouver Police Headquarters at Cambia & 5th.Contact: Marc Emery, cell 604-612-8785, home 604-685-8260
[ Post Comment ]


Comment #1 posted by global_warming on September 16, 2003 at 16:14:31 PT
Not Sure
If they locked up all the world,
Who would pay thier salaries??It is a delicate act of surgery
To be able to continue
To extract our blood and money
That supports these blood sucking
Money grubbing bastards of Evil..
[ Post Comment ]


Post Comment