cannabisnews.com: Marijuana Advocates Win Part of Case 





Marijuana Advocates Win Part of Case 
Posted by CN Staff on June 26, 2002 at 07:45:15 PT
Editorial
Source: Toronto Star
A Superior Court jury has awarded $15,000 in damages to Church of the Universe founder Walter A. Tucker, finding the 69-year-old man was roughed up and assaulted by security guards at Eastgate Square. At the same time, the jury dismissed a similar claim by fellow marijuana minister, Michael Baldasaro, 53, who will be stuck with at least some of the legal costs incurred by mall owner, Cadillac Fairview Corp. Ltd. 
The two men, who represented themselves in court during the 12-day trial, argued that they were unlawfully arrested, assaulted and humiliated by security staff on Nov. 25, 2000. Baldasaro, who was a mayoralty candidate at the time, believes he and Tucker were accosted because security staff were operating under a mistaken impression that they were campaigning in the shopping mall. Tucker said he was merely purchasing a book from a local author, who was signing copies at a table, when guards approached and demanded he leave. He said his arm was "painfully" twisted behind his back and that other security staff handcuffed and "dragged Brother Baldasaro away like an animal." "The Charter of Rights and Freedoms is the supreme law in Canada and overrides all other laws," Tucker said after the verdict. "Shopping malls and supermarkets have no right to come up to you - and without reasonable or probable grounds - order you to leave. And then beat you up because you don't go running to the door immediately because you want to finish your transaction." With their long, grey beards and colourful hemp-woven hats, the pair are well-known advocates for the legalization of marijuana, which they use as a church sacrament. On the day in question, they were attracting more attention than usual because they were sporting red-and-white top hats emblazoned with the Canadian flag. The six-member jury spent two days deliberating before coming up with answers to 21 questions put to them by Justice Thomas Lofchik. From their answers, the jury appeared to find that Tucker and Baldasaro both refused to leave when asked and that their arrests, therefore, were legally justified under the Trespass to Property Act. However, the jury found the guards used more force than necessary in arresting Tucker and that he suffered physical injuries as a result. The plaintiffs were seeking millions of dollars in damages and so Tucker's $15,000 award represented a relatively small victory. Baldasaro said he will appeal the dismissal of his claim and also challenge the constitutional validity of the Trespass to Property Act. Although he denies campaigning on the day of his arrest, Baldasaro argues it would have been legally permissible in any event under the Canada Elections Act. Source: Toronto Star (CN ON)Published: June 26, 2002 Copyright: 2002 The Toronto StarWebsite: http://www.thestar.com/Contact: lettertoed thestar.com Related Article & Web Sites:Church of the Universehttp://www.iamm.com/Canadian Linkshttp://freedomtoexhale.com/can.htmPolice To Use Property Laws Against Grow Houseshttp://cannabisnews.com/news/thread12399.shtml
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Comment #1 posted by ekim on June 26, 2002 at 19:32:04 PT
dontjajustlovetheseguys
man when I read this it makes me think of the picture of dubea and ZZtop high=times ran does any one remember, looked like they were all holding. Gee these guys in my minds eye are taking the place of ZZ I would very much like to hear a song about these two ol warriors by ZZ themselves.One wonders what all the fuss is over the Pledge of Allegince we have made a mockory of the word by jailing our brothers and sisters over what they grow no higher power would be asociated with having there name attached to such hurtfull behavior. Does anyone know if the oil line in Columbia is reg in USA or in one of the non paying varitys. All though Del. is pretty much there. I think the list of companys that get protected would be interesting reading. Are the drug testing all USA or like the drug com.s from outside. 
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