cannabisnews.com: Bong - He's Busted





Bong - He's Busted
Posted by CN Staff on August 11, 2003 at 09:05:53 PT
By Dan Palmer, Edmonton Sun
Source: Edmonton Sun
Vancouver-based pot crusader Marc Emery was arrested yesterday after smoking marijuana outside city police headquarters as part of a national tour to push for legalizing the drug. But stopping off at other Canadian police stations later to smoke could be tough for Emery, if Edmonton city cops get certain conditions placed on him.
"You can't go and flaunt your illegal activity in front of a police station without being dealt with," Insp. Dick Shantz said at city police headquarters downtown. "As long as the law says it's illegal, our duty is to enforce it and that's exactly what we did." Emery was charged with possession of marijuana and was expected to see a justice of the peace last night. Shantz said police will ask the JP for Emery to be denied bail on the ground that he's going to continue to offend and because he's from out of the province. If bail is granted, Shantz said police want to ask for such release conditions as Emery not being allowed near a Canadian police station without a legitimate reason, and not being allowed to possess marijuana, along with keeping the peace and being of good behaviour. If Emery is denied bail, Shantz said Emery will see a judge this week, but city police will ask the judge for the same release conditions. Police charged Emery after consulting with the federal Crown prosecutors office. Emery smoked a bong around 4:20 p.m. - an international time used as code to smoke marijuana, said Emery - as more than 40 supporters sang O Canada. Emery said he argues that marijuana is legal because it's no longer under the Controlled Drugs and Substances Act. That's because in July 2000 the Ontario Court of Appeal ordered Parliament to change the existing CDSA to take into account a supply and legal access of marijuana for medical use, says a pamphlet Emery handed out to supporters. The verdict wasn't appealed and the court gave Parliament a year to come up with a new law. If Parliament failed to enact a new law, then cannabis would be stricken from the CDSA, says the pamphlet. No new law was passed, says the pamphlet. Also, on Aug. 1, 2001, cannabis was struck from the CDSA by an order from the Court of Appeal of Ontario, says the pamphlet. Shantz said police have yet to be told by Parliament the law has changed. "We got no direction on that. The law in our eyes is still in effect," said Shantz.  Source: Edmonton Sun (CN AB) Author: Dan Palmer, Edmonton SunPublished: Monday, August 11, 2003Copyright: 2003 Canoe Limited PartnershipContact: letters edm.sunpub.comWebsite: http://www.fyiedmonton.com/htdocs/edmsun.shtmlRelated Articles & Web Site:Pot-TVhttp://www.pot-tv.net/Cannabis Culture Magazinehttp://www.cannabisculture.com/ Pot Activist Has Cops Smokin' http://cannabisnews.com/news/thread17036.shtmlPot Activist Tests Police on Drug Lawhttp://cannabisnews.com/news/thread17034.shtmlMarc Emery Plans His Own Arrest in Calgary http://cannabisnews.com/news/thread17019.shtmlPot Crusader Arrested in St. John'shttp://cannabisnews.com/news/thread16963.shtml
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Comment #6 posted by afterburner on August 12, 2003 at 07:04:05 PT:
The News from Edmonton
Emery's Legalization Tour hits Alberta by Dana Larsen (12 Aug, 2003) "Two more busts on the long road to freedom.
Cannabis Culture publisher Marc Emery suffered two more arrests during the Alberta portion of his Summer of Legalization cross-country tour. Emery was detained for only 15 minutes after his protest in Calgary, but police in Edmonton tried to get a judge to detain him for weeks!" F U L L S T O R Y http://www.cannabisculture.com/articles/3046.html
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Comment #5 posted by afterburner on August 11, 2003 at 19:40:03 PT:
In Case You've Been Wondering about Quebec
One large province left out of Marc Emery's Summer of Legalization Tour is Quebec, home of Montreal. If, like I have, you have been wondering what's happening in Quebec, check out the following link. In the updated Summer of Legalizaton Tour schedule, Marc Emery did mention Quebec as one of the places he'd like to go in September, after the tour. Marc-Boris St-Maurice, party leader, Marijuana Party of Canada, and creator the Bloc Pot, was at the Toronto Pot & Police Puff-Down on June 19, 2003, which kicked off the Summer of Legalization.Pot politics in Quebec 05 Aug, 2003 http://www.cannabisculture.com/articles/2994.html
"Despite adversity, Quebec's Bloc Pot party challenges the system in Provincial election."ego transcendence follows ego destruction, on va les planter!
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Comment #4 posted by afterburner on August 11, 2003 at 11:17:21 PT:
Virgil - the Identity of J.P.
J.P., who as a youth cannot be named, is the defendant from January 2, 2003 in Windsor under Judge Phillips's ruling which led to the appeal to Judge Rogin on March, 16, 2003. See http://groups.yahoo.com/group/MedPot/message/957It is confusing, but oh so fascinating.ego transcendence follows ego destruction, do we really want to bring ego destruction back; informed cannabis smokers and medical patients say "No!"
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Comment #3 posted by Virgil on August 11, 2003 at 10:22:32 PT
He will not get arrested on the Ontario tour
Turmel has finished putting up the transcripts from hearings of the Ontario Supreme Court. He speaks of 5 cases heard on July 28th and July 29th. He put up 960 and duplicated it in 961 and also 962- http://groups.yahoo.com/group/MedPot/message/961 It is confusing of course because one path that Young is persues goes against the MMAR and the July 9th introduction of an interim policy sometimes called MER- The Marijuana Exemption Regulations Turmel's path says the laws were dead on Terry Parker Day- August 1, 2001. That is why he walked into the Parliament building with kilos of ganja for the Prime Minister so that he would be in court to say that the ganja laws were "unknown to law" and I think that is why he is a party to all of this. The original Terry Parker is in on this on a "right to life" path that is different from "right to supply" path of Clay.He speaks of J.P. and I thought maybe it was a judge, but it must be Pitt. Turmel says he can take being done in on all cases except Pitt. Pitt is a Charter challenge and the remedy he seeks is not supply but a declaration that the laws are dead. The government had a year to supply Terry Parker his MMJ and when they did not, there time was up. It is all over. A stack of papers would not help him with his life-threatening epileptic seizures. Attorney Young says that the MMAR needed to be declared unconstitutional for the laws to fall while Turmel says they only need to prove it did not work. What did the government do to protect Terry Parker's life with the time they were allowed and this stuff started back in 1999 anyhow.These last two postings have commentary and are easier to follow than the others. But one thing is for sure. There are no laws against possession of herb in Ontario as even the Crown's attorney admits it in his testimony.What the Crown wanted was to declare the May 16th decision a mistake of law and it was not granted from the bench. Until it is reversed there is definitely no possession laws against herb in Ontario.Here is the paragraph from message962 where the Crown attorney DeFreitas says- De: The one fly in the ointment, I'm going back to this, is 
the recent response. We've got a declaration from this court 
that the marijuana prohibition is no longer of any force and 
effect. There was a government response two weeks ago. So 
that the dialogue that's been going on since the very 
beginning should really have two parts. One, the 
government's intention to continue to criminalize possession 
of marijuana, and the second part, the government's 
intention to try to make allowance for medicinal use. The 
court in Parker said, that's the distinction. Unless the Ontario Supreme Court reverses the May 16th ruling befor the Ontario tour, there is no fear of being arrested in Ontario on possession charges. I really like the revised schedule as it does not skip any days and it ends in Toronto. I am interested to see how many Americans show up at Windsor.Since Turmel has given us the transcripts, it is only fitting that I quote him on something. There is no need to explain context here. In message961 he says, "I see a lot of dancing in the streets." 
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Comment #2 posted by Petard on August 11, 2003 at 10:00:05 PT
Aww, they're upset
So sad. Too bad. There is no joy in Bustville as he's coming to them so they can't get their adrenaline rush busting down a door or throwing people on the ground or rousting children from their beds in the middle of the night. And IF it's illegal then why do they need a JP to issue a release order including no possession? Sounds more like the kid in the back seat on a long drive whining, "but Mommy he won't leave me alone. Make him stop." Hey, I hope he (Emery) does "keep making that face" and that it does "get stuck like that".
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Comment #1 posted by FoM on August 11, 2003 at 09:30:15 PT
Related Article from Snipped Source
Police Want Pot Crusader Barred from Stations 
Derrick Penner, The Edmonton Journal Monday, August 11, 2003
  
EDMONTON - Wearing a conservative blue suit, B.C. marijuana activist Marc Emery lit up a water pipe in front of Edmonton police headquarters Sunday afternoon and was promptly arrested.Snipped:Complete Article: http://www.canada.com/edmonton/news/story.asp?id=2074AE69-A271-4240-A641-EA0726D9064F
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