|
Current Affairs 2008 - Legal (184 items)
| Oct 29, 2008 | Judge Warns Cops To Get Warrants B.C.'s controversial Safety Standards Act -- aimed at smoking out dangerous grow-ops -- has survived a constitutional challenge.
But police officers who tag along with municipal safety inspectors must bring along a search warrant before gaining access to a home, a B.C. Supreme Court judge has ruled.
|
| Oct 28, 2008 | Drug Case Evidence Tossed It seemed a stroke of luck for Halifax Regional Police that a pair of officers responding to a car accident last year found a large quantity of drugs and a loaded handgun stashed in one of the damaged vehicles.
But their luck changed Monday when a Nova Scotia Supreme Court judge ruled that the constables lied to Christopher Henderson in order to search his car because they knew they had no grounds for a warrant.
|
| Oct 27, 2008 | Government's pot appeal up in smoke TORONTO - The federal government lost a court appeal Monday, paving the way for an end to its monopoly supplying medical marijuana to patients.
Justice Department lawyers had sought to appeal a lower-court ruling that granted licensed producers the right to grow marijuana for more than one patient.
But the three-judge panel said it was not persuaded by government lawyers who argued that allowing a grower to supply more than one patient would lead to an unregulated industry.
In January, a federal court judge struck down the one-to-one ratio as unconstitutional and unnecessarily restrictive.
The ruling was stayed pending Monday's appeal.
Lawyer Alan Young, who represented medical marijuana users, said the ruling was a victory for "sick people."
"It's time for Health Canada to recognize that medical marijuana is an established part of the regiment for a lot of patients," Young said outside court.
"Instead of thwarting patient needs, they should be accommodating patient needs and hopefully this case will be a signal to them."
Authorized users who cannot grow their own marijuana can designate a grower or access government-issued marijuana supplied by Prairie Plant Systems in Manitoba.
But a group of 30 patients who challenged the regulations argued the government supply was weak and they should have the right to choose their source.
They were lobbying to be lawfully able to purchase marijuana from Carasel Harvest Supply Corp., which, under the current regime, was not allowed to supply more than one patient with medical marijuana.
|
| Oct 25, 2008 | Police Need Search Warrant For Marijuana Inspections A B.C. Supreme Court judge has upheld a provincial law that allows municipal inspection teams to investigate homes suspected of being marijuana-growing operations, but ruled that police cannot enter a residence without a warrant in a case involving a Hells Angels associate in Surrey.
|
| Oct 25, 2008 | Fed Pot Policy Panned ORONTO -- It's a marijuana "monopoly" that deserves to go up in smoke, activists say.
Lawyers representing a group of 30 medicinal marijuana users will be in court Monday to fight the federal government's bid to keep control of large-scale medicinal marijuana distribution in Canada.
Activists say the government-issued pot is weak.
|
| Oct 24, 2008 | Appeal Filed In Holy Smoke Case Akka Annis and Paul DeFelice, the two of the Holy Smoke workers sentenced to jail earlier this month, have filed an appeal.
|
| Oct 22, 2008 | Message Sent Provincial Court Judge Gives Paul Defelice One Year in Jail to Send a Message to Community About Drug Trafficking
They argued they provided a necessary service to a town with a reputation for smoking pot, but the sentence handed out to the first of four men found guilty of selling marijuana from their downtown business showed the judge thought the community could do without it.
|
| Oct 10, 2008 | Intercepted Calls Talk Of 'Babies' And 'Cutting Stalks' As part Operation Jackpot - a covert investigation of a marijuana growing operation - officers recorded more than 77,000 intercepted conversations.
|
| Oct 9, 2008 | Drug-Related Convictions Quashed Due To Mountie's Fabrications Nova Scotia's Court of Appeal has quashed drug convictions against a dozen people because an RCMP officer fabricated evidence against them. In a decision released yesterday, the court says none of the convictions can stand because former Mountie Daniel Ryan sold drugs while lying under oath to justify search warrants for the premises of the 12 men who were convicted.
|
| Sep 29, 2008 | BC: Holy Smoke Four' Convicted of Marijuana Trafficking Legalization Fight: Judge shoots down defence arguments in case involving downtown Nelson business; prosecutor says no remorse from four men should lead to a harsh sentence
A guilty verdict came down Friday in Nelson Provincial Court for the four men charged with marijuana trafficking out of the Holy Smoke Culture Shop on Baker Street in Nelson.
|
| Sep 22, 2008 | ON: Court Ruling May Change Marijuana Laws There may be no legal prohibition against possession of cannabis in Ontario if a Superior Court judge upholds an earlier finding in an ongoing challenge to the medical marijuana laws.
[This is a federal act, so it should be argued there is no cannabis prohibition anywhere in Canada.] |
| Sep 20, 2008 | NS: Prosecutors Silent On Pot Decision AMHERST - Federal prosecutors aren't about to say why drug charges against two Halifax County men were dropped nearly three years after they were laid and just three weeks before their trial was to begin.
... Police seized more than 1,000 marijuana plants from the two homes, $1,000 worth of electronic equipment used in the grow-op and an undisclosed amount of money.
|
| Sep 19, 2008 | District Dismisses Bong Store Owner's Charge Of Discrimination Dave Singh, owner of Hemporium, is vowing to go to court if necessary in order to sell bongs, pipes, rolling papers and other items Mayor Gord Robson has described as "drug paraphernalia" in Maple Ridge.
Singh's store was open for only three days before the District of Maple Ridge closed it because he didn't have a business licence. After the store was closed the district then rejected his business licence application.
|
| Sep 19, 2008 | Driver Impaired By Marijuana In Fatal Crash An Edmonton man was convicted of impaired driving causing death Thursday, after a judge ruled he was high on marijuana when he slammed head-on into another vehicle, killing two people.
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.
They call this the justice system? |
| Sep 18, 2008 | ON: Man Denied Rights A man whose rights were violated when police searched his car for marijuana was still sentenced to six months probation in Sarnia court.
The 23-year-old had 35 grams of marijuana in his car's trunk on June 24, 2007. ...Though the search violated the man's rights, the marijuana should still be evidence in the drug possession trial, Hornblower said.
|
| Sep 11, 2008 | Man Claims Seized Substance Is Catnip A marijuana activist who was allegedly busted with a pound of pot claims police have no proof that what they seized is not catnip -- and he intends to try to prove it in court.
|
| Sep 9, 2008 | Driver Found Not Guilty Of Marijuana Possession A man caught with marijuana during a traffic stop in Pitt Meadows was acquitted of a drug possession charge Friday after a provincial court judge questioned the legality of the police search.
|
| Sep 3, 2008 | Growing Flowers, You Say? A Likely Story Likely residents were divided on whether the police raids had made their community a better place to live. Likely Chamber of Commerce spokesman Robin Hood said yesterday the grow ops fed an underground economy and boosted property values in a town hit hard by a slowdown in logging and mining. "It did not bother me," he said in an interview. ....
But High Country Inn owner Darlene Biggs, who has three of her eight grandchildren living in the village, said she was pleased to see the grow ops closed down. "A lot of us have been complaining for a while and calling the police," she said.
|
| Sep 2, 2008 | PUB LTE: Marijuana Laws Have No Validity Re: "Technical breech" of pot law not worth prosecuting: Crown
"There is nothing constitutionally wrong with the CDSA," Conlan said.
Basically, Conlan is admitting that the only thing keeping marijuana prohibition alive is a legal technicality, and not any real validity in the law itself.
"It is still valid because the government says it is valid" is not acceptable. Like a parent saying "Because I said so!" when a child asks "why".
|
| Aug 28, 2008 | Stoning Of A Crusader NOW readers know Matt Mernagh as that indomitable spirit behind the megaphone at medpot rallies in Yonge-Dundas Square. Bright lights, big city. That's Mernagh. .....On Saturday August 16, Mernagh was arrested, along with a roommate, and charged with possession of marijuana, possession for the purposes of trafficking and production of marijuana.
|
|
Last Modified:
|