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Current Affairs 2006 - Legal (126 items)

Jun 14, 2006 Roberts' Case Denied By Judge Local Paddy Roberts Will Appeal B.C. Supreme Court Judge's Decision To Allow Feds To Intervene In Emery Charges Slocan Valley's Patrick Roberts may have lost the fight to prevent Ottawa's involvement in his charges against B.C.'s Pot King Marc Emery, but he is willing to take his battle to the bitter end, even if it means the Supreme Court of Canada. By charging Emery and two accomplices, Michelle Rainey-Fenkarek and Greg Williams, with conspiracy to distribute marijuana seeds, Roberts could have prevented American drug-enforcement officials from charging the trio with the same crimes, thus preventing their extradition to the U.S. to stand trial. The Emery plot thickened when Canada's Federal Attorney General tried to stay Roberts' charges, which would clear the way for extradition. Roberts argued the federal government had no place in the legal battle, as the charges were conspiracy related, not direct drug charges, which would allow for federal intervention.

Jun 14, 2006 Case 'Dragging On,' Pot Activist Says Fifteen months after he was arrested for exporting marijuana to sick clients, and four months after pleading guilty, a pot activist's roller-coaster ride through the legal system entered a new phase yesterday when the matter was slated to resume sometime next year.

Jun 13, 2006 Return To Sender: Mail-Order Pot Seed Goes Astray A Comox Valley marijuana seed business has been foiled because there wasn't enough postage on the marijuana seed packages for them to reach their destination. When several Comox Valley residents received envelopes returned to them because of insufficient postage, they were bemused. They had never seen the envelopes before and most had no idea what they contained. One recipient contacted Comox Valley RCMP.

May 24, 2006 Pot Advocate Convicted On Trafficking Charges Former Cafe Owner Faces Up to 10 Years VANCOUVER -- The former owner of a well-known east Vancouver cafe that openly sold marijuana until a police raid in September, 2004, was convicted of two marijuana-trafficking charges yesterday. A British Columbia Supreme Court jury found Carol Gwilt guilty of possession of marijuana for the purpose of trafficking as well as possession of the proceeds of crime. Her co-defendant, Michael Boudreau, was acquitted on the single charge that he faced, possession of marijuana for the purpose of trafficking.

May 24, 2006 RCMP Bust Retiree For Medical Pot Man's Plants Exceeded His Permit. Is This What We Pay Police To Do
The Mounties raided them a few days earlier, cutting down some 300 marijuana plants Bert was growing to supply his 49-year-old wife and another retiree under licences from Health Canada.

May 24, 2006 Pot Crusader One Step Closer To Extradition VANCOUVER -- A British Columbia Supreme Court judge has ruled in favour of the federal government and removed a potential impediment to the extradition of Marc Emery and his two co-defendants.

Mr. Justice Robert Crawford dismissed a motion that would have prohibited federal prosecutors from taking control of a conspiracy charge filed privately against Mr. Emery, Michelle Rainey and Greg Williams.

"This is exactly the decision the United States government would want," Mr. Roberts said yesterday. He indicated that he intends to file an appeal of the ruling later this week with the B.C. Court of Appeal. "It seems quite clear that it gives the United States government, through the agency of the federal Minister of Justice, approval to interfere in the administration of justice in B.C."

May 11, 2006 Judge Knew Pot Smoker's Reference A Guelph judge's relationship with a medical marijuana user derailed the sentencing yesterday of a pot crusader who has admitted mailing the drug to users in the United States and Britain.

May 11, 2006 Ottawa Schools End Random Drug Searches Sweeps Infringe On Charter Rights
Ottawa schools have ended random drug searches after the Ontario Court of Appeal ruled spot searches without warrants violate students' constitutional rights.

May 10, 2006 Bong Registry Set Up In City Sell a glass crack pipe or bong in Langley City and you'll have to tell police who you sold it to, including the person's name and address. On Monday night, council passed a motion to prohibit sales of drug paraphernalia to all persons under 19 years of age and require sellers to record and report to RCMP all purchases.

May 2, 2006 Court Backs Sarnia Drug Acquittal Ontario's highest court has upheld the privacy rights of high school students by refusing to overturn the acquittal of a Sarnia youth charged with drug trafficking. The case focused on the random search of St. Patrick's high school in Sarnia by three Sarnia police officers and a sniffer dog on Nov. 7, 2002. The Ontario Court of Appeal refused the Crown's appeal and agreed with Ontario Court Justice Mark Hornblower when he disallowed the drug evidence.

Apr 18, 2006 Officer Faces New Charges Federal Crown prosecutor Fergus O'Donnell told Justice Ian Cowan yesterday new charges will be laid against Peel Cst. Sheldon Cook after new information is filed in the court during the officer's next scheduled appearance, April 28.

Apr 17, 2006 Grow Op Law Erodes Your Right To Privacy Footnote: If the main marijuana public-policy issues are the risks of grow-ops in neighbourhoods and the role of criminal gangs in profiting from the industry, a different response should be considered. Allowing people to grow a handful of plants without penalty would reduce the threat to neighbourhoods and the available profits for gangs.

Apr 14, 2006 Judge Throws Out Grow Op Charges Police Ammeter Use Ruled Illegal, A Rights Violation Two men have been acquitted of charges relating to a 354-plant marijuana grow operation in an Airdrie home because the judge ruled police violated their charter rights.

Apr 10, 2006 Civil Liberties Union Opposes Proposed Amendments A proposed law aimed at locating marijuana grow operations could be a valuable weapon in the battle to drive them from the North Shore, say authorities, but the proposed rule change is also raising hackles among privacy advocates. If passed Bill 25, The Safety Standards Amendment Act, introduced in the provincial legislature Thursday, will grant municipalities the right to access electricity records of BC Hydro customers without going through the judicial system. Under the proposed law, local governments could then pass on any of that information to their police force for further investigation.

[Day by day, our rights slip away...]
Apr 7, 2006 Pot Activist Not Giving Up A Supreme Court justice in Chilliwack might have dismissed medical marijuana activist Brian Carlisle's application to get back his equipment this week but he still considers the court appearance a victory of sorts.

Mar 30, 2006 Marijuana Advocate Loses Case, Hit With Fine Mr. Turmel, a professional gambler and a medicinal marijuana advocate, was fined $1,000, given three years probation and told to perform 100 hours of community service after he was found guilty of a 2003 offence of possessing marijuana for the purpose of trafficking.

Mar 29, 2006 Judge Acquits Accused Toker A man accused of toking and driving was found not guilty yesterday after a judge found there was no way to assess the effect pot might have had on the man.

Mar 28, 2006 $10m Of Pot Worth Six Years In Prison He's gone from carpenter to drug exporter, and now Daren Wayne Smith will be a federal inmate for his role in an unprecedented scheme that saw in excess of $10 million worth of marijuana pass through Saskatchewan's borders.

Mar 10, 2006 Keep Marching, Pot Crusader Says Goodwin, owner of the Up In Smoke cafe, was arrested Wednesday and charged with possession and possession for the purpose of trafficking. It's his latest run-in with Hamilton police, who he says have visited his business more than 300 times since he opened it in August 2004 on King Street East.

[ Cannabis activists and consumers take another hit]
Mar 3, 2006 AIDS Victim Gets His Marijuana Back A Regina Medical Marijuana User Has His Plants Back. Tom Shapiro was at police headquarters Thursday afternoon collecting the 21 marijuana plants that were seized by officers last month following a delay in the renewal of his licence to grow pot. Shapiro arrived at the station armed with a court order for police to return the property to him.

[Why did a sick and suffering Canadian have to go through any legal repercussions in the first place? Where is the outrage?]

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