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Constitutional Arguments Begin Soon
By Ted | January 9, 2004
By Ted Smith
President,
International Hempology 101 Society
Victoria, B.C.: In one month the constitutional hearing of Leon “Ted” Smith, president
of the International Hempology 101 Society and founder of the Cannabis Buyers’ Clubs of
Canada, will begin after a three year wait for the Supreme Court of Canada.
The main tenet of Ted’s arguments are that the cannabis laws cause arbitrary and
irrational behaviour by police, courts and other government officials which cause
harm to the community’s perception of fairness and equality which is grossly disproportionate
to any potential harm that could come from sharing pot cookies and joints.
Defence lawyer Robert Moore-Stewart and expert witnesses Professor Hackler from the
University of Victoria Sociology Department and Dr. James Geiwitz will provide
evidence in this case that Sections 1, 2, 7, 9, 11, and 15 of the Charter of Rights
and Freedoms have been violated.
Over the holiday season, in a 6-3 decision, the Supreme Court upheld the prohibition
of cannabis, with the majority stating that the harm principle is not a fundamental or
absolute principle of justice and that argument alone is insufficient to debate the laws
as unconstitutional. The three applicants, “Randy” Victor Caine, David Malmo-Levine and
Chris Clay had based most of their arguments upon the fact that smoking cannabis causes
minimal harm to users and society, especially when compared to legal drugs like alcohol
and tobacco. Canada’s top court acknowledged that several areas of constitutional law
regarding the prohibition of cannabis were not included in the applicants arguments,
particularly the medical use of cannabis. Ultimately the Supreme Court determined that
even if the harm principle is violated by the laws, the government can prove enough harm
to justify criminal sanctions to protect vulnerable groups.
On February 12th at 2:00 p.m. in Victoria, lawyer Robert Moore-Stewart will present the
court with a new and improved Constitutional Question Notice outlining several sections
of the Charter of Rights and Freedoms which the police and the courts have violated while
arresting and prosecuting Ted. The constitutional challenge was granted to Ted after he was
arrested twice, first at the University of Victoria where he shared joints at the weekly
Hempology 101 Club 4:20 on November 8th, 2000, and then one week later on International
Medical Marijuana Day before an annual pot cookie give-away. When a constitutional defence
was raised while entering a “not guilty” plea, Judge Smith decided to force the next stage
hearings in his private chambers where no one was allowed except the crown prosecutor
and defence lawyer, including the defendant, Ted! In fact two consecutive meetings occurred
in the private chambers of Judge Smith where Ted was not allowed to watch the proceedings
nor were any recordings made of the proceedings. The judge even took an unusual direction
in these closed-door hearings when he stated that the constitutional arguments of the
defendant would be heard in court before the criminal trials. In effect, the judge wants
any Charter issues resolved before any factual information regarding how the
police actually violated Ted’s rights are presented in court.
By splitting the constitutional
arguments from the criminal charges, Judge Smith has created an awkward situation in which
the Crown Prosecutor is unsure as to how to proceed. Therefore, because there are no
written instructions from the private chamber meetings of three years ago,
the Crown Prosecutor has asked to go back before Judge Smith for clarification about this process.
So essentially the constitutional challenge of Ted Smith has gone back a step in
procedure to correct an infraction of his rights where he was denied access to his own
proceedings when a judge forced an unfair split of his legal arguments.
Colby Budda was added to the trial when he was arrested with Ted on January 3rd, 2002, at
the headquarters of the Cannabis Buyers’ Clubs of Canada, which will soon celebrate eight
years of providing medical marijuana. Ted also faces charges from the police raid of
March 21st, 2002, making a total of six trafficking-related cannabis charges against him.
Luckily he was not arrested in police raids at the Club on April 22nd, 2003, June 21st, 2002,
or February 19th, 2003.
A campaign to raise money to cover legal defence funds was kicked off last February,
ironically only days before the last police raid. CANNABONDS are modelled after the Hemp
Bonds invented by Chris Clay, one of the applicants who was just before the Supreme Court.
The CANNABOND campaign has raised over $6,000 by selling $25 bond certificates which
promise the bond holder seven grams of cannabis, to be redeemed three months after
full legalisation in Canada.
In the meantime, other court decisions have declared Health Canada’s programs
unconstitutional, adding substantial evidence to Ted’s arguments while providing the club
some protection against continued police harassment.
For the most part, the only partially successful court cases in Canada revolve around
medical issues, and even though Ted was originally arrested giving joints and cookies to the
police, his arguments will certainly include many medical arguments.
Many hope Ted’s constitutional challenge will prove once and for all that the cannabis
laws are arbitrary and ineffective by going all the way to the Supreme Court of Canada.
For more information, contact:
- Leon “Ted” Smith – (250) 381-3262
- Tyler MacDonald – tyler@hempology.com
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