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Newshawk: Holy Smoke Culture Shop, www.holysmoke.ca Pubdate: August 22, 2006 Source: Nelson Daily News (CN BC) Contact: news@nelsondailynews.com Address: 266 Baker Street, Nelson, British Columbia V1L 4H3 Fax: (250) 352-2418 Copyright: 2006 Nelson Daily News Author: Sara Newham
HOLY SMOKE OWNERS TO APPEAR IN COURT TODAY
POLICE CRACKDOWN: Controversial businessmen are trying to have restrictive conditions lifted so that they can carry out more normal life; prepared to argue freedom of religion
By SARA NEWHAM Daily News Staff
Holy Smoke owners Paul DeFelice and Alan Middlemiss are expected, to make their first appearance in Nelson court Tuesday.
DeFelice, arrested July 15, and Middlemiss, arrested August 16, originally had court dates in the fall. Both men were charged with two counts of trafficking in a controlled substance dating back to June 2 and July 13 respectively. The co-owners of the Holy Smoke Culture Shop were each given a separate set of conditions that they hope to have varied in court Tuesday.
"It's just my lawyer trying to get in there as soon as possible to get my order varied because I can't wait until October 3," said DeFelice, referring to his original court date.
"I will be there at 9:30 a.m. ready to go. I've heard there might be some supporters out so there might be some colour there."
On July 15 Nelson City Police raided the Holy Smoke as part of its ongoing investigation into the city's alleged drug trade which focussed on three establishments and "dial-a-dopers" - people who use cell phones to allegedly sell drugs.
During its search, police say they seized a pound and a half of marijuana - what police Sgt. Steve Bank called a "fairly large quantity" - between $8,000 and $9,000 in cash and documents related to the operation of the store.
Middlemiss turned himself into police August 16. As part of his conditions DeFelice is not permitted within 50 metres of the store. Middlemiss however, is permitted to go to the store but is not allowed contact with four of it's employees, including DeFelice.
'We're considering if we don't get our orders varied tomorrow [Tuesday], I'm considering breaching my conditions publicly and consciously because I want to make the point that putting such extreme conditions on me when I haven't been convicted of anything just seems to violate my constitutional rights," said DeFelice. "I can't associate with my best friend, business partner and spiritual adviser. I'm not allowed to go to my place of business which is also my place of worship. I've been denied all that for
(See DEFELICE/ Page 3)
DeFelice says 'hemp can save the planet' bail conditions. These sound more like parole conditions." First appearances are typically an opportunity for the accused to acknowledge the charges against him or her and for the court to find out if the accused has counsel before putting proceedings over to another date. If an accused has counsel, they may make a plea and a date for arraignment is set.
DeFelice said he plans to argue that he did not break the law because there is no law to break. Referring to an Ontario court case, DeFelice said the marijuana law was defeated in 2003 and the regulations established by the government since then do not constitute a law because the only way to establish a law is by making a new one and that, he said, has not been done. That case referred to possession, not trafficking.
He also intends to invoke the Charter of Rights and Freedoms, specifically the right to Freedom of Religion. He explained that he belongs to the Church of the Universe, an entheogen, syncretic religion that incorporates the teachings from a variety of religions and whose sacrament is cannabis.
"I just know from my own direct experience what frame of mind cannabis puts me in" said DeFelice, "It [cannabis] makes me reverend. It gets me in touch with God and Creation and my own self and I put a prayer on every toke I take. Every puff and I've been doing this since about 1989 when I first had some major revelations and visions about my direction in life."
DeFelice added that he understands that to argue freedom of religion a person had to prove he or she is sincere in their beliefs. Quoting the many uses of the hemp plant, he said he believes firmly and with all his heart that “hemp can save the planet."
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