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Important Court Decisions Continue
By Ted | June 17, 2002
By Ted Smith
Founder,
Victoria’s Hempology 101 Society
Colwood, B.C.: Court decisions in Canada continue to fall in favour of cannabis
advocates. The release of Shawn Lommerse on Thurs, June 6 is another example of judges
considering the law more harmful than beneficial. After one week in jail, Shawn was
released from custody after preliminary inquiries heard by Judge Kay. The 270 plants
were for the Grant W. Kreiger Cannabis Research Foundation, based in Calgary. Grant drove
to Vancouver Island, with his wife Marie, to help his nephew get out of jail for helping
provide a medicine which Health Canada should be supplying. Trial dates for Shawn will be
set on June 19th.
Several important court decisions in favour of Grant and others who need cannabis to
aleviate severe medical problems are working in Shawn’s favour. In July 2001, a jury
decided Grant was not guilty of possessing cannabis for trafficking because the medicine
was meant for seriously ill citizens and the laws violated their rights and freedoms
according to the constitution. Others, like Jim Wakeford and Terry Parker, have also
experienced court cases where the judicial authorities have been presented to defend
citizens against the state, establishing similar court precedents which opened the doors
into Health Canada. Marc-Boris St-Maurice, head of the federal Marijuana Party, and
Alexandre Neron, who works as a helper for disabled university students, are in court
this Friday in Montreal to defend their work at The Montreal Compassion Club.
Leon “Ted” Smith, founder of the Cannabis Buyers’ Clubs of Canada and Victoria’s
Hempology 101 Society, faces 6 trafficking charges, but trials have been delayed
pending the Supreme Court of Canada deciding the validity of the law in the
Caine/Clay/Malmo-Lavine case.
No cannabis, except in pill form, has been districuted by Health Canada to-date to anyone
with legal permission to possess or grow the plant for medical purposes. The cannabis being
produced by Prarie Plant Systems, a private company in Flin Flon, Manitoba, is only
intended for limited research on some medical problems. Health Canada’s public relations
campaign has given the public the impression a compassionate approach is being taken by the
government, when exacthy the opposite is occuring. Countless individuals have died prematurely
and/or are suffering unnecessary pain and anxiety without a legal source of cannabis. The
federal government will be held accountable for this situation by the courts, as the public has
few alternatives for resolution if elected officials continue ignoring reason, science,
economics and any sense of civil responsibility.
Shawn Lommerse is a brave man for throwing his life in front of draconian government authorities
which often value human life less than institutionalized procedures. Without the courts interpreting
the Charter of Rights and Freedoms in favour of cannabis advocates, we would have few options or
defenses against the continued persecution.
Meanwhile, a date has not yet been set by Health Canada to meet with the Victoria City Council
and Police Board of Directors to explain what communities should be doing under the current
circumstances. This meeting has been forced upon the government because of several raids at
the headquarters of the Cannabis Buyers’ Clubs of Canada in Victoria this year. Local officials
are apparently unwilling to support punishing groups and individuals willing to assist individuals
in dire need of medicine, especially if there is no legal alternative.
Support for the legalization of cannabis is growing globally, as the recently published Senate
Committee on Illegal Drugs Discussion Paper on Cannabis suggests. There are better methods
of dealing with the use of mind-altering substances in society using health models instead of
criminal punishment. For example, many consider the creation of the Canadian Cannabis Control Board
to be the enxt logical, indeed necessary, stage in the use of this substance, first as a medicine,
and secondly for the general public.
Everyone is welcome to attend the June 19, 2P.M. court date in Colwood, B.C., to witness the next
phase in Shawn’s case. The more support the community shows individuals involved in these
high-profile situations, the more the courts consider the increasing opposition to these laws. Please
show your support for Shawn and others in every way possible.
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