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VICS TRIAL DRAGS ON
By Hempology | August 19, 2007
Cannabis Digest
Ted Smith
After spending 12 days in court in May and June, the trial of Mathew Beren and Micheal Swallow has another 8 days scheduled from July 31 to Aug 10. That will probably not be enough time yet to hear all of the testimony. In May, 2004, the Vancouver Island Compassion Society had its production facility raided by the police in Metchosin (Cannabis Digest #3). It has taken three years to get to court because the defense has fought every possible angle and has filed a constitutional challenge against the cultivation charges and the Medical Marijuana Access Regulations.
The first 1½ days of this stage of the proceedings was used by the defense arguing the trial had been delayed so long that the charges should be thrown out. The judge ruled that none of the delays had been the fault of the crown lawyers and the trial should proceed. The next 1½ days were spend by the defense and crown going over the credentials of Lynn Belle-Isle, author of a recent study by the Canadian Aids Society reviewing the federal Medical Marijuana Access Regulations (www.cdnaids.ca & Cannabis Digest #11). This study focused upon the use of cannabis by people living with HIV/AIDS, though the problems they identify apply to other medical applicants to the MMAR. The report supported the continued existence of medical cannabis providers. “We favour providing authorized persons with a variety of legal options and projects,? reads the CAS study. “Offering only one legal source and one strain of cannabis for distribution to authorized Canadians may not be a constitutionally adequate alternative…?
Obviously Lynn’s testimony will be very important to the trial, however, she could not continue on the stand because she had to fly to Poland for a conference. She will come back to finish her testimony in August.
The next two days had Dr. Robert Melamede, Associate Professor and Biology Chairman of the Biology Department of Colorado on the stand informing the court about cannabinoids, endocannabinoids, gamma radiation, and the medical cannabis laws in his state. While he has not tested the effects of gamma radiation on cannabis, he has extensively studied its effects upon other food products. This meant he could not prove that applying gamma radiation to cannabis significantly changes the chemical structure of the cannabinoids, terepenes and flavinoids, therefore altering and possibly reducing the medical benefits normally experienced from a normal plant. Since Health Canada has not publicly released any information they have collected about the effects of gamma radiation on cannabis, something that should occur when the crown calls witnesses in defense, the court is only able to speculate what these effects may be. His other testimony regarding the endocannabinoid system was fascinating. He actually teaches a full 4th year level course on the endocannabinoid system, as science is proving the ability of these naturally produced chemicals regulate most important bodily functions. Being a medical cannabis user himself, Dr. Melamede also had many things to say about the current laws in some of the states, especially California and Colorado. It was refreshing to hear about changes happening south of the border, where we usually hear nothing but horror stories about the drug war.
In an attempt to become qualified as an expert witness as a medical cannabis cultivator, researcher, distributor, and authority on the MMAR, the next 7 days in court were spent with the VICS founder, Phil Lucas, on the stand. The crown has argued against Mr. Lucas being qualified as an expert on any issue in this case because he was the employer of Matt and Mike as the director of VICS, which set this operation up in an attempt to supply the VICS with all of its medicine while conducting research with the rest. Mr. Lucas has been a legal advocate for the defendants since the raid began taking place, sending information immediately to the RCMP in the hope of saving some or all of the plants. He has admitted on the stand that he has been surprised not to be charged, or even questioned, by the police at any time. The crown prosecutors said that they would have no problem admitting evidence from Mr. Lucas as a qualified witness with extensive experience and direct knowledge of the facts of the case but that they would not accept his evidence as an expert.
The defense has admitted that Mr. Lucas has a bias in the case and is attempting to use the Morgentaler case to argue that a defendant can submit expert testimony. They have submitted income statements, balance sheets and other records to the court to show how much was being produced in the facility and the financial dealings of VICS in the hope that the court will consider the economic components of the operations acceptable. The judge will be accepting written arguments in regards to whether or not Mr. Lucas will be able to testify as an expert, though he will not finish making his decision until sometime after the trial starts again.
Several members of VICS are expected to testify about the problems they have experienced with the MMAR and the benefits they get from working with a local compassion club. Also expected to testify is Senator Pierre Claude Nolin, the chair of the 2002 Report of the Senate Special Committee on Illegal Drugs that recommended legalizing cannabis. Part of the Senator’s research with that report involved the medical uses and distribution of cannabis, including the MMAR. Of course, Lynn Belle-Isle is also expected to return to finish her testimony. Eric Nash for Island Harvest might also appear to discuss the various problems that his clients have experienced with the MMAR.
The crown may call Dr Richard Viau, Acting Director General of Health Canada’s Drug Strategy and Controlled Substances Program, and Valerie Lasher, former head of the Medical Marijuana Access Division in Health Canada. They are expected to provide scientific, regulatory, financial and political explanations for the problems that exist with the MMAR. However, the crown may not call these witnesses if they do not feel it is necessary.
It is difficult to speculate how the trial will work out. Though many firmly believe that the MMAR are inadequate and unconstitutional, as previous court cases have shown, most judges are reluctant to strike down federal regulations unless absolutely necessary. Since this will be a decision from the Supreme Court of B.C., it is not binding upon other courts. If the crown loses, they are likely to go to the next level, the B.C. Court of Appeal but no further because they have never appealed a medical cannabis case to the Supreme Court of Canada. The defense may not be able to afford an appeal because the cost of printing the transcripts will be staggering and there is only a certain amount of time to pay for them before the file is permanently closed. My last appeal was dropped for this very reason. As this is a trial for a grow operation, losing would not mean that the clubs would be shut down, especially if the judge gives the guys a light sentence. He could, though, give them a harsh sentence if he is not happy with the financial records or the fact that they made a mockery of the MMAR by growing 937 plants with a valid license to grow 9, with another 2 licenses in process that would have allowed 34 more for a total of 43 legal plants. Certainly we hope that the MMAR will be ruled unconstitutional and for Health Canada to be forced to work with compassion clubs and that this decision will be upheld by higher courts. For now it does not look as though the trial will end until September, before the judge starts another longer case.
Topics: Articles, CD-14th, Summer 2007 | Comments Off
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