cannabisnews.com: Smoking Judge Strikes Blow for Pot Puffers










  Smoking Judge Strikes Blow for Pot Puffers

Posted by CN Staff on July 02, 2003 at 18:07:57 PT
By Allen Garr  
Source: Vancouver Courier  

Mary Southin, B.C.'s smoking judge, is in the news again. This time, it's not because of her tobacco addiction, which caused a flap because of the cost the government incurred to allow her to keep puffing away at her job on the Court of Appeal. This time, it's a different kind of smoking that brings one of our most outspoken justices to public attention: pot smoking and her change of heart on the war on marijuana. 
This case, and the judgement by the appeal court, turned heads for more than one reason. It concerned the actions of Vancouver cops who, following police policy, used a battering ram to bust into a suspected grow-op unannounced. They found an indoor pot farm and laid charges. A lower court found the couple that had engaged in that particular horticultural enterprise guilty. A three-judge panel led by Mr. Justice William Esson at the B.C. Court of Appeal unanimously ruled, however, that the evidence collected should be excluded. The justices said the police breached the accused's Charter rights. Esson wrote: "The most significant breach was that the entry into the residence was carried out without any compliance with the knock/notice rule, which has been part of the common law for centuries; a rule of fundamental importance in protecting residents of dwellings from unreasonable search and seizure." Mary Southin used the Charter as a jumping-off point for her own comments. What followed is arguably the most devastating and witty indictment of marijuana laws ever delivered from the bench. She said her views have clearly changed from the days when she thought marijuana infractions were a serious criminal offence. She now believes that marijuana "appears to be of no greater danger to society than alcohol." She takes a withering shot at federal lawmakers: "I have not yet abandoned my conviction that Parliament has a constitutional right to be hoodwinked, as it was in the 1920s and 1930s by the propaganda against marihuana, and to remain hoodwinked." Southin dismisses the futile war on marijuana embraced by Canadian criminal law. "The growing, trafficking in, and possession of marihuana [sic]... is the source of much work, not only for peace officers but also for lawyers and judges. Whether that work contributes to peace, order and good government is another matter." All of this is especially relevant when you consider our government is on the verge of decriminalizing marijuana. It's hardly any change at all compared with recommendations in a recent senate committee report that marijuana be legalized. What Ottawa is doing, even though it was condemned by the White House's drug czar, will do nothing much for the excesses in the war on this substance, which Southin traces to an American-inspired policy dating back more than a century. She ridicules the notorious U.S. propaganda film "Reefer Madness," which concludes that smoking pot inevitably leads to insanity. Southin says: "I have been driven to the conclusion that, in the eyes of those who not only lead their own country (America) but also this country into making criminals of those who are no better or worse, morally or physically, than people who martini, marihuana was the first weapon of mass destruction." While folks who advocate legalizing marijuana, including Mayor Larry Campbell, will take comfort from Southin's words, her critics will wonder what she's really been smoking in her newly ventilated chambers. As for me, I recommend you read her remarkable comments. Go to: http://www.courts.gov.bc.ca/ -- and follow the links to the June 20 appeal court ruling on R. v. Schedel. Source: Vancouver Courier (CN BC)Author:  Allen Garr Published: Wednesday, July 02, 2003 Copyright: 2003 Vancouver CourierContact: editor vancourier.comWebsite: http://www.vancourier.com/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmMessy Marijuana Law Tries Courts, Policehttp://cannabisnews.com/news/thread16721.shtmlJudge Says Pot No Worse Than Alcoholhttp://cannabisnews.com/news/thread16680.shtmlAttorney Stays Charges in Cases of Marijuana http://cannabisnews.com/news/thread16658.shtml

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Comment #22 posted by ekim on July 03, 2003 at 18:11:34 PT
now if Prohibitionest would be under Oath itbover
Happy 4th to all this is a Great Country.Open Letter
July 1, 2003To: Dr. Phillip Zelikow
Executive Director
National Commission on Terrorist Attacks upon the United StatesDear Dr. Zelikow,Allow me to first say how much I appreciate the spirit in which Chairman
Kean is approaching his task within the Commission. Indeed, as he has
said, "no stone must be left unturned"; the Commission must for
history's sake and for the victims' families sake follow all leads
wherever they might lead. I speak for many concerned citizens when I
express the hope that genuine accountability and a full accounting will
carry the day in the end.After the last round of hearings Chairman Kean was asked by Bob Braun
from the Star-Ledger if the Commission had plans to take testimony under
oath from witnesses and officials who can resolve discrepancies and
conflicts in what has been put forward, for example by the FAA and NORAD
regarding the response or lack of response of our air defenses and the
actions taken, or not taken by the National leadership on 9/11; many or
most of whom had been warned by our intelligence agencies. Chairman
Kean in his response, left the issue open and was non-committal.I am writing to ask for an update on the issue of taking testimony under
oath:Have you since the last round taken under oath any testimony in private
closed-door sessions?Will you be taking testimony under oath in the upcoming July 9th
hearing?If not, do you have any intention of requiring testimony under oath from
any of the officials who were charged with providing for the common
defense leading up to the attacks of 9/11?I look forward to your response to what I feel is a very critical
process issue on the road to creating the 'definitive account' of 9/11.Thank you for your attention to my concerns.Sincerely,Kyle F. Hence
Co-founder,
911citizenswatch.org
kylehence earthlink.net
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Comment #21 posted by mayan on July 03, 2003 at 17:58:44 PT
more unrelated...
Sorry off topic but this may be a once in a lifetime event! Here's a thread from the Rush.net bulletin board. It seems the Rush fans are getting pretty excited about this show!Topic: Rush added to the Stones Toronto SARS concert 
http://www.rush.net/ubb/ultimatebb.php?ubb=get_topic;f=2;t=002092
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Comment #20 posted by mayan on July 03, 2003 at 17:34:59 PT
RUSH >>>
Thanks for the link, afterburner! It's great that they added Rush to the bill. After all, they are the best band to ever come out of Toronto, imho. I saw them four times on their last tour(Vapor Trails-2002) & they were incredible. The best progressive 3-man band of all time. If you've never seen em', get your ass up to Toronto!http://rush.com/
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Comment #19 posted by FoM on July 03, 2003 at 09:44:53 PT

News Article from Snipped Source
Kucinich's Campaign Picks Up Steam or is That Smoke? July 3, 2003Dennis Kucinich's presidential campaign recently hit several highs: It reported receiving about $1 million in contributions, many of them via the Internet. 
   
   
Musician Willie Nelson endorsed the campaign. Marijuana users helped organize supporters to march with Kucinich on July Fourth. Such success means the congressman, who has traditionally handled his own campaign duties, needs some outside help. He hired former media critic Jeff Cohen as his spokesman. Cohen, who lives in upstate New York, founded the progressive media watch group FAIR. An author of several books on media bias, Cohen said Kucinich asked him "insistently to come on board." Formerly a senior producer at MSNBC's now defunct "Donahue" show, Cohen said he first met Kucinich when the congressman invited him to Capitol Hill in the 1990s to testify on media coverage of the war in Bosnia. Snipped:Complete Article: http://www.cleveland.com/search/index.ssf?/base/opinion/1057225171134221.xml?ocnay
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Comment #18 posted by Dankhank on July 03, 2003 at 08:55:07 PT:

Candidate?
Met Rep Gephart yeaterday in OKC, with a friend, Jason.
Dick's dynamic, but has a way to go.He mentioned the 2,000,000 incarcerated Americans.I told him what Kucinich has stated about creating a medcal merijuana plan by Executive Order and asked Rep Gephart to take a copy of the Cannabis Research Library. His aide got that and a trifold pamphlet about the medical cannabis trials' sucess at treating MS,http://observer.guardian.co.uk/uk_news/story/0,6903,587299,00.htmland a story about the WAMM raid and what it meant.I think we have ALL got to get up and get in their faces, tell them who we are and what we want to know.So, rise up all and take it to them.They have nothing to fear but US!!Oklahoma has an early primary this time and Dick said he will be back. I intend to be back and to ask him to declare his position on Medical Cannabis and an end to the drug war. 
Hemp N Stuff
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Comment #17 posted by Treeanna on July 03, 2003 at 07:14:01 PT

 Fun! :)
I like reading very carefully reasoned legal opinions. Especially when they toast the repressionists ;)Thanks
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Comment #16 posted by ekim on July 03, 2003 at 06:36:53 PT

thank you all for the info
i feel that people are now just getting into the upcomming pol debate about who will be the Dem Candadate. thanks again:)
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Comment #15 posted by Lehder on July 03, 2003 at 03:44:50 PT

Honourable Madam
I followed the link given in the article and found the judge's remarks which begin at paragraph 80 here:http://www.courts.gov.bc.ca/Jdb-txt/CA/03/03/2003BCCA0364.htmThe author picked out the most of the juiciest comments for quotes in the article, but Southin also characterizes Harry Anslinger with quotes from the book The
Pursuit of Oblivion, A Global History of Narcotics 1500-2000, and she quotes from the movie Reefer Madness.She has other defiant remarks too, and quotes in paragraph 94 from the book Demon Rum: >>In British Columbia a $2.00 prescription allowed one to buy
liquor at a drugstore or government vendor. One doctor
wrote 4000 in 30 days. During 1919 British Columbia doctors
signed about 181,000 prescriptions, and in one month,
January 1920, they wrote over 27,000 prescriptions for
medicinal liquor. Part of this upsurge was due to the great
flu epidemic, but for most people a note from the doctor was
simply the easiest way to get a bottle. As a secretary to
the premier observed:Toward Christmas especially it looked as if an epidemic of
colds and colics had struck the country like a plague. In
Vancouver queues a quarter of a mile long could be seen
waiting their turn to enter the liquor stores to get
prescriptions filled. Hindus, Chinese, and Japanese varied
the lines of the afflicted of many races. It was a
kaleidoscopic procession waiting in the rain for a
replenishment that would drive the chills away; and it was
alleged that several doctors needed a little alcoholic
liniment to soothe the writer’s cramp caused by inditing
their signatures at two dollars per line.In 1920 the Vancouver Medical Association asked the
government to relieve it “of the responsibility of
dispensing liquor” as the practice had become “an
intolerable nuisance to the medical profession.”So my hat is off to the - I don't care which - brave or opportunistic physicians of California and Oregon who are running prescription mills for medical marijuana, a smoked medication. Their indiscriminate writing of marijuana recommendations shows that economic nature is taking its course with marijuana prohibition as it did in Canada with alcohol prohibition. Can California, in need at the moment of $36 billion it does not have, afford a war on marijuana? Another quote by the judge: "Parliament having long
since yielded to Provincial Legislatures the regulation of
alcohol, perhaps it might consider yielding the regulation
of marihuana."And these are the kinds of ideas that an Honourable Madam develops when she reviews the history of prohibition.
                           

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Comment #14 posted by FoM on July 02, 2003 at 23:30:59 PT

afterburner
Thanks. I read that Willie Nelson endorsed Kucinich. That's really good. I hope he does well. I'm not into politics just news but I'm glad you and others are involved with his campaign. I hope he can get on tv more frequently. When I saw him on the news the other day he didn't mention medical marijuana but he talked about NAFTA.I'm getting tired and hitting the wrong keys so I better call it a day! 
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Comment #13 posted by afterburner on July 02, 2003 at 23:10:58 PT:

FoM - re/ Small Towns
I grew up in a small town, worked in both big towns and small towns. I know what you mean about knowing everyone. It can be both a good thing and a bad thing. A professor of mine tells of a grain elevator accident that killed several people in his small town. They brought in grief counsellors to help the townspeople deal with the loss.I did find this positive link in your paper:
Willie Nelson Endorses Kucinich For President http://www.onnnews.com/story.php?record=25203
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Comment #12 posted by afterburner on July 02, 2003 at 22:59:57 PT:

freedom fighter
Maybe you could car-pool. Run an ad. Look for ads. Car is definitely easier than public carriers at the border. If you already have your ticket, it shouldn't be a problem. It's summer. You're on vacation, sight-seeing, yadda-yadda-yadda."Trade is peace." -sign seen in Toronto's Yorkville in the 1970's.
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Comment #11 posted by FoM on July 02, 2003 at 22:57:49 PT

afterburner
I read that article too. I posted the link somewhere to show a contrast with the way it is down here. Canada is really gaining respect and that's wonderful because you have a really interesting and progressive country and should be an example for all of us in the U.S.
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Comment #10 posted by afterburner on July 02, 2003 at 22:50:05 PT:

FoM
The Parliament seems to be out of touch with the people, but the courts are in touch. Because of this, I read yesterday, that young people in Canada trust the courts, but they don't trust the Parliament or the political process. Listen up, Canada
Matthew Mendelsohn
Online Edition: Wednesday, July 2, 2003 03:12 PM
Government policy is out of whack with the demands of young Canadians, says Matthew Mendelsohn 
FULL STORY http://www.globeandmail.com/servlet/story/RTGAM.20030702.wmend0702/BNStory/SpecialEvents3/?query=courtsMarc Emery is planning a demonstration in Ottawa when the Parliament reconvenes in the Fall to inform them that the proposed "decrim" is not what we want.ego transcendence follows ego destruction, the Members of Parliament need to come down from their high "Hill" and get in touch with their constituents. 
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Comment #9 posted by freedom fighter on July 02, 2003 at 22:40:28 PT

afterburner
Just wondering how can I get across the border?The Canadian Border Patrol officer says, "What are you doing here?".I write, " I am going to see the Rolling Stones Concert!."Will there be any problems? Of course, I would'nt dare bring a joint.(I am not a criminal, took care of all legal mumbo jumbo in U.S.,ie no outstanding warrants(I hope))I would love to see the Rolling Stones one more time again..
For the sake of just partying with the whole town or indeed this truly free country.. If I could cough up some cash to go there and back, it could the fifth time that I have rocked and rolled with the stones.. For 16 bucks... sigh! A deal of the century!pazff

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Comment #8 posted by FoM on July 02, 2003 at 22:33:38 PT

312
I don't know if Iraq is going to be like Vietnam but it could turn out that way. I hope it doesn't. Only time will tell. 
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Comment #7 posted by FoM on July 02, 2003 at 22:28:17 PT

About The Article
afterburner I saw that article today but couldn't bring myself to post it. It is so out of step with where cannabis laws are currently for all of you. Don't people read to know when decrim isn't something that anyone wants? Don't they know what is happening? 
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Comment #6 posted by 312 on July 02, 2003 at 22:26:18 PT

Interesting poll from web site in FoM's post
I take it Vietnam is a sore spot on America's history? Never really researched it; long before my time.Question: Is Iraq another Vietnam?Total responses: 207Yes 66.67%No 33.33%
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Comment #5 posted by afterburner on July 02, 2003 at 22:21:22 PT:

Another Prohibitionist Rears Her Head:
CN ON: MP Carroll Says New Pot Law Will Help Curb Its Usage 02 Jul 2003 
The Advance, Barrie "Canada's proposed marijuana decriminalization could make an incredible difference for Canadians who want to travel, says Barrie-Simcoe-Bradford MP Aileen Carrol. 'It's not legal. It's decriminalized and that's an important distinction. What this legislation proposes is a person who is caught with simple possession, not trafficking or growing, with under 15 grams, it will no longer be a felony. They will be fined,' said Carroll."We don't want your scraps. Cannabis is legal now, and it's fine. We oppose your re-criminalization bill. ego transcendence follows ego destruction, the cannabis prohibition was passed by Parliament without debate 80 years ago, based on sensationalistic propaganda; the people of Canada want legalization, so that the medical cannabis patients can have Safe Access Now; regulate and tax; don't make criminals out of medical cannabis providers; stop encouraging the black market and putting police and citizens lives in jeopardy.
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Comment #4 posted by FoM on July 02, 2003 at 22:14:26 PT

afterburner
We both tried to help ekim with information and I like that. Helping others is a good thing. I am in a somber mood tonight. I'm not sad but just thinking. I never knew anyone that was executed but today someone from our local town was executed for multiple murders. I remember the searches that went on all around our area in hoping to find Mrs. Loader. They never found her body. I'm not sad or happy about his death but it is strange to me. Our town only has 5,000 people so everyone knows everyone.
Our Town News Article
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Comment #3 posted by FoM on July 02, 2003 at 21:44:43 PT

Ekim Does This help?
July 30th is when the Concert is with the Rolling Stones. Here are a couple links that might help. 
Rolling Stones to Headline Star Studded Concert Event “Molson Canadian Rocks for Toronto” to Celebrate the City and Revive Tourism To be Joined by Special Guests AC/DC, The Guess Who, Justin Timberlake, Sam Roberts, The Flaming Lips, Kathleen Edwards, The Isley Brothers, Sass Jordan, La Chicane and your hosts Dan Akroyd and Jim Belushi with “Have Love Will Travel” Tickets for “Molson Canadian Rocks for Toronto” will be $21.50 Canadian or $16.00 U.S. plus applicable service charges, and are on sale beginning Friday, June 27 th  10AM through Ticketmaster (www.ticketmaster.ca or 877-833-3110) and in the US at Ticketmaster (www.ticketmaster.com or 888-808-8660). Stay tuned to -- http://www.iam.ca/rollingstones/ -- for concert details/site map and travel packages. (Taken from the joint press release of June 24, 2003) Tickets will also be available through A&P and Dominion outlets across Canada. Parc Downsview Park is located in the heart of the Greater Toronto Area. The site is ideally situated between four major highways, 400, 401, 404 and 407 and is bounded by Sheppard Avenue on the north, Keele Street on the west and the Allen Expressway on the east. It is approximately 15km (10 miles) from Toronto’s downtown core and is easily accessible by Toronto’s subway system (Downsview Station). There is no parking or camping on site. For information on hotels in the area: http://www.toronto.com/section/accommodations/ http://www.parcdownsviewpark.ca/en/default.htmhttp://www.parcdownsviewpark.ca/imagenav/Rolling%20Stones.pdf
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Comment #2 posted by afterburner on July 02, 2003 at 21:43:47 PT:

ekim
How much support does Ohio Rep. Dennis Kucinich -- http://www.kucinich.us/ have in Michigan, so far? I can hardly wait for the primary.Rolling Stones confirm Toronto concert http://www.globeandmail.com/servlet/story/RTGAM.20030624.wston0624_3/BNStory/National/ [ Tickets for the concert go on sale Friday [June 27, 2003] at a cost of $21.50 (Canadian) and $16 (U.S.)."We're happy to tell you that we're coming to play on July 30 in a great concert for the people in the city of Toronto, to help bring back the energy to our favourite city," [said] Mick Jagger [in a taped message]. Mr. Manley said organizers hope to attract busloads of Americans to the concert: "Let this be the biggest invasion of Canada from the United States since the War of 1812. Bring them on!" ]Stones tix flying; Rush added to bill http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&call_pageid=971358637177&c=Article&cid=1056709608028
2003-06-27 20:51:09 [Entertainment]
The SARS-ravaged economy of Toronto got a rock 'n' roll boost today as people across the city lined up for tickets to a blockbuster concert featuring the Rolling Stones.
"Starting July 4, 240,000 tickets will be sold at A&P, Dominion and Farmer Jack grocery stores on both sides of the border." [This link also contains a link to Downsview Park where the concert will be held.]Get a breath of freedom, escape the fear if just for a few days. ego transcendence follows ego destruction, hope to see you all there! 
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Comment #1 posted by ekim on July 02, 2003 at 21:20:24 PT

marihuana was the first weapon of mass destruction
as so often happens the truth is delivered by a woman, Mary Southin, B.C.'s smoking judge, all i can say is thank you.passed out flyers for WMU to study Hemp today. am tryen to get people to call in to a cable access show in town. i see on the web site www.thehia.org that they have a board of mounted hemp products they send out. i am not a menber but have to ck this out. has anyone here held a simposeim (ssic)We could use one here in Kalamazoo. WMU teaches Papermaking. it teaches teachers to teach, we are trying to save a couple hundred scientists from leaving town because they got pink slipped by the new Pfizer drug maker that just bought out Pharmaca which bought out our old Upjohn company which started out here in Kal. so why not ask them to research Hemp oil and see if it will help us in our diets. seem fast food is in the news big time. FoM do you know when the Rolling Stones will play I told many about what is happing up north and i would like to be able to know the time and place.
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