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Current Affairs 2008 - Legal (184 items)

Dec 6, 2008 Man Given Second Hearing In Bid To Recover $156,800 US Seized By Police A man seeking the return of $156,800 US seized by police will get another chance to argue his case before a judge. ...Struss appealed. This week, B.C. Supreme Justice Paul Williamson sent the matter back for a new hearing. He found the trial judge erred by ruling that an RCMP officer was competent to give evidence on banking practices -- evidence relied upon by the judge in making her decision.

Dec 5, 2008 Accused Dealer A Wacky Defendant A former Maple Ridge mayoral candidate and advocate for the legalization of marijuana is on trial this week for selling marijuana on three occasions to an undercover cop this spring. ...During the trial Perry has sat reading the Bible and has refused to make eye contact or to respond to any questions or comments provincial court judge Pedro de Couto has made to him.

Dec 3, 2008 Firefighter Receives Five Months For Growing Pot A Vancouver firefighter whose luck ran out after harvesting 32 crops of marijuana was sentenced to five months in jail yesterday. ...The Canada Revenue Agency has obtained a $500,000 lien on the family home and is seeking between $500,000 and $600,000 in tax revenue in connection with the illegal activity.

Dec 2, 2008 'Weed King' Found Guilty A medical-marijuana activist known as DaWeedKing and his wife were found guilty Monday of cultivating 27 pot plants, almost 44 months after they were arrested at their Albert Road home. ...Fred Pritchard said outside court that he was disappointed the medical-marijuana aspect of his activities -- he has previously run the Marijuana Compassion Club of Windsor under the moniker DaWeedKing - -- was not brought out at trial.

Nov 25, 2008 Kindred Pot Gathering A small crowd of pot activists lit up on the steps of Old City Hall yesterday morning to protest against last week's police raid on the Kindred Cafe, a local hangout for medicinal and recreational marijuana smokers.

Nov 23, 2008 Budding Wealth in the Weed Eric Nash can barely contain his excitement waiting to hear from Health Canada whether he can start growing marijuana for 250 patients now that the Federal Court of Appeal has struck down the government's monopoly on supplying medical marijuana.

Nov 22, 2008 Killer Pothead Off To Jail A "chronic" pot smoker who was impaired on marijuana when he slammed into an oncoming Jeep, killing two people and injuring two others, was sent to prison yesterday. It is the second time James McIlwrick, 36, has been put behind bars for the deadly 2003 crash near Sherwood Park and family of a victim say it is a good thing the killer driver is finally having to pay for his crime.

They forgot to mention Court earlier heard he had also been using prescription medications including Paxil, Zyprexa and Ativan, but Ross rejected suggestions that they played a role in the crash.
Nov 20, 2008 Defelice Released From Prison Pending Appeal After being sentenced to one year in prison on October 14, Holy Smoke Culture Shop co-owner Paul DeFelice has been released from Kamloops Regional Correction Centre since October 22, pending an appeal on his conviction.

Nov 19, 2008 Appeal Date Set For Pot Priests Church of the Universe co-founders Michael Baldasaro and Walter Tucker are hoping the date of their next court appearance is a sign of success. They were told earlier this week the Ontario Court of Appeal will hear the appeals on their marijuana trafficking convictions and sentences next year on April 20.

Nov 19, 2008 N Van Woman Fights Seizure Of Grow-Op Home North Vancouver woman, a 58-year-old former realtor, has appealed to the Supreme Court of Canada to halt the forfeiture of the North Vancouver house she used as a marijuana growing and selling business, generating "over $100,000 a year" in income according to the B.C. Court of Appeal. Craig is one of three Canadians challenging federal drug laws that have been increasingly used to seize homes containing grow-ops.

Nov 19, 2008 City Faces Lawsuit Over Safety Inspection Abbotsford's Public Safety Inspection Team, which targets illegal marijuana grow operations, is under fire in the courts again. An Abbotsford couple is suing the City of Abbotsford in B.C. Supreme Court, saying the safety inspection team conducted an illegal search of their home.

Nov 17, 2008 Pair To Fight Pot Convictions And Bail Terms The hemp-happy founders of the Church of the Universe are scheduled to fight their convictions and bail conditions in the Ontario Court of Appeal today. Rev. Michael Baldasaro and co-founder Rev. Walter Tucker were found guilty last November of multiple counts of trafficking marijuana and sentenced to two years and 12 months respectively. The pair also lost their Barton Street church because it was ruled an "offence-related property."

Nov 15, 2008 Forget Facts, Common Sense Or Decency There's been quite a kerfuffle on the letters page recently on the legalization of marijuana. That we're still even debating this issue, some 70 years after weed's defacto criminalization, is astounding. Every reputable government study, independent study and report out there has stated, unequivocably and for decades, that pot is marginally harmful and shouldn't be a criminal matter.

Nov 15, 2008 Errors Quash Drugs Case A Quebec Court judge yesterday accused the Crown and police of using abusive tactics and placed a stay of proceedings on drug-trafficking charges against two people in a high-profile investigation. In doing so, Judge Gilles Garneau essentially tossed out the cases against Antal Babos, 42, and Sergio Piccirilli, 48, at the Laval courthouse yesterday.

Nov 15, 2008 A Bright Green Spot in the Economy With Courts Striking Down the Government's Monopoly on Supplying Medical Marijuana, Private Growers ...Eric Nash can barely contain his excitement waiting to hear from Health Canada whether he can start growing marijuana for 250 patients.

Nov 12, 2008 Grow-op Home Seizures Challenged Supreme Court Asked If Penalty Too Severe
OTTAWA ( CNS ) - Judy Ann Craig, a former realtor with a golden touch for gardening, will try to convince the Supreme Court of Canada on Thursday that being forced to forfeit her North Vancouver home for running a marijuana grow-op is extreme punishment for her crime.

Nov 10, 2008 Proceeds-Of-Crime-Law Challenge Could Cost Provinces Millions Eight provinces will gang up on a former Carleton University student in the Supreme Court of Canada on Wednesday as it considers whether provincial governments have the constitutional power to seize the proceeds of crime. Lawyers for Robin Chatterjee will argue that crime is a federal responsibility and therefore the Ontario government's 2001 law forcing the forfeiture of everything from houses to cash is outside provincial jurisdiction.

Nov 7, 2008 Charged Officer Faces Court The trial is scheduled to begin next week for a Peel Regional Police officer arrested in late 2005 over allegations he was attempting to traffic cocaine. Officials with the Public Prosecution Service of Canada ( PPSC ), the federal government organization responsible for prosecutions on behalf of the Attorney General of Canada, indicated that Cst. Sheldon Cook, 39, will appear in a Brampton courtroom Monday.

Nov 7, 2008 Store Dumps Hemp Stock Once the smoke cleared in the fight between the City and a hemp store, the owner got his licence. A Langley City employee hand delivered a business licence to Hempyz store late Thursday afternoon. Owner Randy Caine said once he and the City came to an agreement that he would not sell hemp products, City staff assisted him in reapplying, and the licence was quickly approved.

Oct 29, 2008 Stop Harassing Medical Pot Users On Monday, the Federal Court of Appeal refused to entertain a government challenge to January's Sfetkopoulos decision, in which Justice Barry Strayer of the federal court's trial division struck down the rule that a licenced grower of medical marijuana can only have one customer. "We're not persuaded [Justice Strayer] committed any error," said Justice John Evans on behalf of the three-member appeal panel, endorsing their colleague's ruling with unusual haste.

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