LAWS GO TO POT OVER RELIGION

Things have really gone to pot for the Church of the Universe in
Hamilton, Ont. Church founders Walter Tucker and Michael Baldasaro are
facing hefty jail terms and have had their east-Hamilton "church" seized.

Tucker and Baldasaro were found guilty of selling small quantities of
marijuana to an undercover police officer. The church, established in
1969, has used marijuana as a sacrament for the past 30 years.

Many folks won't be upset with the news that the Honchos of the
Heavenly High will be spending time in the hoosegow.

After all, Canadian law expressly forbids the sale of cannabis for any
reasons other than medical purposes. Breaking criminal law and then
hiding behind the robes of religious doctrine doesn't cut it in a
country governed by the rule of impartial law.

Or does it?

Are there examples of where Canadian law has turned a blind eye to
criminal activity also cloaked by religious practice?

We don't have to look far to see an example. Bountiful, B.C., is home
to the fundamentalist Church of Jesus Christ of Latter-Day Saints.
This church has openly practiced polygamy for decades. Church leaders,
purportedly following Divine Revelation, direct teenage girls to marry
much older men who already have multiple wives.

Bigamy is a crime in Canada. Yet the Bountiful bigamists continue to
add child brides to their harems with the knowledge and tacit
acceptance of our politicians and courts.

"Law and order" politicians like former Conservative Minister of
Justice Vic Toews did their best to ignore the Bountiful bigamists.
Canada's Crown prosecutors joined in the avoidance; even after
Vancouver Sun columnist Daphne Bramham and CBC's Fifth Estate put the
Bountiful scandal onto the national radar. The recent decisive action
by Texas authorities has finally shamed Canada's politicians into action.

There are other examples where religious practice has collided with
Canadian law. A Sikh man recently challenged B.C. driver-safety laws,
claiming mandatory helmet laws conflict with his religious beliefs.

These attempts to subvert Canadian law to meet religious ends do not
serve the cause of multiculturalism or national unity in Canada. These
actions offend many Canadians otherwise tolerant of cultural
diversity. Many other Canadians unfairly lump the efforts of a handful
of zealots wishing to undermine our laws with the legitimate cultural
practices of ethnic communities.

What are laws?

Laws are the rules of conduct or procedure recognized by a community
as binding or enforceable by authority. They are the rules by which we
play the game of life in a free society. Our political representatives
create these laws and may amend them through the political process.

All Canadians have the right to equal treatment under law. It is also
the democratic right of all interest groups -- including religious
groups -- to lobby for changes to our laws.

The bedrock of Canadian law is the Charter of Rights and Freedoms. Our
Charter guarantees freedom of conscience and religion and the
protection of Canada's multicultural heritage. It is a document of
noble intentions that is long on contradiction and short on
specificity. It fails to establish the balance between the
individual's right to religious freedom with the national interest in
equal enforcement of Canadian law. The Charter doesn't address the
consequences when acts of religious belief are also violations of
civil or criminal law.

This lack of legal clarity is not an issue that will go away. Ignoring
the constitutional confusion only increases the divisiveness and
attracts more loonies on both sides of the debate. The divisiveness
scares the starch out of the suits in Parliament. Party leaders risk
suffering "mid-body injuries" while trying to straddle both sides of
the fence.

Their inaction deepens and hardens the opinions around this issue,
plays into the hands of extremists and creates a climate that
encourages continued selective application of the law.

This lack of clarity must be resolved.

Canadians should ask two questions of prospective members of
Parliament during the next federal election. When religious beliefs
come into conflict with the laws of the land, does Canadian criminal
and civil law trump religious freedom? And why should the tokers at
the Church of the Universe in Hamilton do hard time while the married
satyrs of Bountiful, B.C., can keep saying; "I do?"

Les Brost is a recovering rancher and proud Old Prairie Dog with deep
roots in Southern Alberta. He can be reached at www.lesbrost.com.