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My Story - How I Got Busted - From the Heart - Constitutional Challenge - My State of Mind
06 April 2006 It is over, the prosecutor is staying the charges. Below I included the email from the prosecutor. Stay means charges are withdrawn. Mark Mr. x, I've read your factum. As I've said before I don't share your legal position. However, that's not really going to be an issue. In light of the exemption granted by Health Canada, I am going to be staying the prosecution against you. The stay has the effect of suspending your bail order (you will no longer be bound by the conditions of your bail; see s.579(1) of the Code). Just so you are aware, a stay entered by the Crown under s.579 of the Criminal Code allows the Crown to re-commence the proceedings within one year of the stay being entered. If the proceedings are not recommenced within one year of the stay, the proceedings are deemed never to have been commenced (see s.579(2) of the Code). If you fail to abide by the law and get charged again with a drug offence, the Crown will consider re-commencing the proceedings against you. If after a year, you have not in any way violated the law, or your exemption, the prosecution will not be re-commenced and will be at an end. Although your attendance in court is not, strictly speaking, required for me to enter the stay, I would prefer to deal with the matter in open court on the record. To that end, please let me know if you'll be available on Friday, the 31st to address the matter in court. Let me know if you have any questions. Moiz Rahman Counsel, Federal Prosecution Service Ontario Regional Office | Bureau regional de l'Ontario Department of Justice Canada | Ministere de la Justice Canada The Exchange Tower | La tour exchange 130 King Street West, Suite 3400, Box 36 | 130, rue King Ouest, piece 3400, C.P. 36 Toronto (Ontario) M5X 1K6 tel. | tel. (416) 952-6214 fax. | telec. (416) 973-8253 Download the Factum I wrote for the case (Word File)
In order to understand my court challenge please read first
My Case Resources
I (with invaluable help from friends) have launched a Constitutional Challenge to the current version of the Medical Marijuana Access Regulations which currently govern all legal medical cannabis issues in Canada. I was busted for growing pot for myself and my sick friends in my condo. Some of my friends possess government issued exemptions and some do not. All are medical patients who use cannabis to relieve pain.
The prosecutor, after discussion with Ottawa decided to charge me with trafficking, being fully aware this is a medical case with legitimate claim to existence after Hitzig ruling in Ontario. This case made our little club legal. Or so we thought. I would have been happy to plead guilty just to make this horrible experience disappear but I will not plead guilty to being a criminal. I am not a criminal.
We will testify in court how harsh the current regulations really are on patients who find themselves in need of cannabis, and there are many. We will testify what crap the government tried to pass off as medical grade pot from Flin Flon and why growing a variety of marijuana strains is absolutely crucial to relieving pain. We would have preferred to stay in the shadows, grow our pot, pay our taxes and be mute, we were happy with what we achieved so far but here we are and here we will testify.
There is an upside to this for me and big downside to the government. I am now free to express myself, be a thorn in their ass and intend to teach as many people as I can to grow their own pot since I can not grow myself.
Aside from the fact that I am able to be as vocal I as want to be since free speech is still allowed in this country, but if we win, we could potentially become 2nd in Canada to be granted government license to grow cannabis for more than one person. Last time this happened was in BC, license granted by the courts to Island Harvest and since their license is now expired the government will not issue another.
Summary below
These are the current Medical Marijuana Access Regulations, the "rules" which govern current cannabis licensees so please read for yourself.
The 1st Case that brought the Medicinal Issue to the attention of the government. This case struck down the cannabis prohibition if cannabis is used for medicinal purposes only.
The 2nd Case that made the Courts consider Medicinal Clubs as providers of Cannabis to multiple patients. This case ordered the government to amend 5 crucial point in the MMARs. The government amended 2 or possibly 3 of the 5 court orders. In spirit and in fact this violates the clear order of the Court of Appeal.
The 3rd Case that allows the Judge to remedy the violations of Hitzig v. C. by the newest MMARs released by federal government, in essence to strike out the MMARs as unconstitutional and allow medicinal cannabis to be distributed freely.
Summary of the current situation as I think it applies to my case and the facts facing the Federal Government. This in essence makes it simply to understand where I think my case is.
All Comments are Welcome
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