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A SAGA OF TRIALS AND ERRORS by Ted Smith
By Hempology | May 6, 2005
In January I was convicted of trafficking in two different trials and, upon advice from court clerks, filed appeals to the Supreme Court of B.C., as reported in the last Cannabis Digest. However, these appeals should have been filed at the B.C. Court of Appeal. Luckily, the Department of Justice will not contest this mistake and is actually helping make sure that all of the documents are being properly filed from now on. Every delay seems to work in my favour.
This change has several implications. Now the cases are before the highest level of court in the province, with 3 judges sitting on the bench to listen to my arguments. The factums and other supporting documents are much more intensive, and the court dates will not be set until most of the preparations have been made. The BC Court of Appeal is the place where changes could be made to the Controlled Drugs and Substances Act, the Medical Marijuana Access Regulations and other government policies regarding the use of cannabis. If only one judge agrees with my arguments, then I may go to the Supreme Court of Canada.
The first appeal against the charges of trafficking cannabis resin in cookies and skin products at the CBC has a much greater chance of success than the appeal against the trafficking conviction I received from sharing joints at UVic. The reasons for appeal have been posted on the web-page already, though they will become more refined in time. Since both cases will likely be heard at the same time, the focus will be placed on the resin conviction, as many people depend upon edible cannabis products and should not be forced to use pharmaceutical cannabis drugs instead. I am representing myself in these appeals for several reasons. It costs a lot of money to pay a lawyer to prepare an appeal, let alone the costs of the transcripts. I could not live with myself if 1 did not fight this to the end, and 1 look forward to the opportunity to persuade a few judges that these laws, regulations and prejudices suppressing cannabis are wrong.
Topics: CD-6th, Spring 2005 | Comments Off
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