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By Hempology | November 9, 2006

In a 7-0 decision, the Supreme Court of Canada agreed with medical cannabis activist Grant Krieger that members of the jury have the power to refuse to apply the law when their consciences permit no other course. The Supreme Court ordered a new trial that should be held in 4 or 5 months. At the original trial in Calgary, Judge Chrumka told the jury to convict and that they were bound by his direction.

Using an argument called jury nullification, similar to Henry Morgentaler in the famous 1980′s abortion trials, John Hooker, Krieger s lawyer told the admitted to the jury that Grant broke the law but argued he should not be convicted due to reasons of conscience. Two members of the jury tried to be excused telling the court that their conscience and religion could not allow them to proceed with a conviction but the judge rejected those requests.

Last month, Mr. Krieger was found guilty of trafficking after sending packages to people in Manitoba for medicinal uses. Provincial court Judge William Pepler found him guilty of two counts of trafficking in marijuana on December 3rd, 2003, and January 8th. 2004. Sentencing for those offences is next year.

Topics: CD-11th, Fall 2006 | Comments Off

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