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Supreme Court Reviews Cannabis Laws
By Ted | December 12, 2002
By Ted Smith
Founder,
International Hempology 101 Society
Victoria, B.C.: On Friday December 13, Canada’s top court will begin accepting evidence which
shows the laws prohibiting the growth, distribution and use of cannabis violate the Charter of Rights
and Freedoms.
A decision is not expected until the spring. Many believe this could result in the striking down of laws
prohibiting the possession of cannabis.
Randy Caine, Chris Clay and David Malmo-Levine have joined their constitutional challenges
together at the Supreme Court to create an excellent challenge to the cannabis laws. Randy was arrested
with a roach in 1993 and was the first person in Canada to use the Charter of Rights and Freedoms
in court to argue that the cannabis laws cause more harm than good. Chris took the fight to the
next level when he started to bring small cannabis plants to his store “The Hemp Nation” in London, Ontario.
After getting arrested in early 1996, Chris collected money by selling $25 Hemp Bonds, to be redeemed for
7 grams of pot after legalisation. He used the cash to pay for the legal costs required to gather the
largest body of experts possible to appear in court in his defence. David added pressure to the system by
opening The Harm Reduction Club in 1996, which sold cannabis to anyone over the age of 13 until he was arrested
in 1999.
The Charter provides a framework for the courts to consider laws in relation to fundamental principles of justice,
and is intended to protect individuals and minorities from unreasonable laws and unfair activities.
All three men argue that the harm principal of the Charter is being
breached by the cannabis laws. The harm principal generally states that the courts must consider whether or
not the harm society imposes upon an individual for violating a law is greater or less than the harm that
individual caused to society in the first place. If there is no harm to society when an individual breaks
the law, the principal states that the law is unreasonably infringing upon that individual’s rights. While
other sections of the Charter are also relevant when arguing against these laws, the harm principal is the
most critical. Recent announcements by the federal government indicating that the personal use of cannabis
will be decriminalised next year, are actually an attempt to minimise the harm caused by the law so that the Supreme
Court does not strike the cannabis laws down entirely.
Not everyone charged is able to convince the courts that a trial should be allowed to occur to argue
the Charter of Rights and Freedoms separate from the criminal trial. The founder of the
Cannabis Buyers’ Clubs of Canada and head consultant of the International Hempology 101 Society,
Leon “Ted” Smith, has been waiting for over two years to start his constitutional trials. He was granted a
Constitutional Hearing by the courts to argue that the laws are arbitrary and unreasonable after
being arrested for sharing joints and pot cookies in November of 2000. He has since been arrested
twice for selling cannabis to people with incurable medical problems and faces six various trafficking
charges with a potential penalty of 30 years less 6 days if convicted. His arguments will probably be heard in
the summer of 2003, after the Supreme Court decision on the Caine/Clay/Malmo-Levine case. Of course, the
federal government could withdraw the cannabis laws, or if the Supreme Court strikes the trafficking
laws down before that, Ted’s trials may never occur.
For more information:
- Ted Smith – (250) 381-3262
- Tyler MacDonald – tyler@hempology.com
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