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Grant Wayne Krieger v. Her Majesty the Queen
By Hempology | January 6, 2006
In 1999, Health Canada had a program to allow people to possess marijuana for medical use, but there was no program in place for the provision of marijuana for medical use. Krieger has multiple sclerosis and uses marijuana to ease his symptoms. As a member of a “Compassion Club”, Krieger grew and provided marijuana to others in similar circumstances.
From the Supreme Court of Canada agenda for Thursday, January 12:
Summary
30950
Krieger was charged with drug offences, and used the defence of necessity. The trial took place before a judge and jury. Two jurors asked to be excused on the basis that their consciences could not allow them to convict Krieger. The trial judge refused to excuse them, essentially advising them that they had no choice but to convict, given Krieger’s admissions. Krieger’s appeal was dismissed. The majority of the Court took the view that the potential for jury nullification was not a ground for a new trial, and applied the proviso in s. 686 of the Criminal Code. Fraser C.J.A. dissenting, would not have applied the proviso because a trial judge is not entitled to eliminate the possibility of jury nullification.
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