CALGARY POT CRUSADER WINS TOP COURT RULING

Grant Krieger Granted New Trial for 2003 Conviction

Medical marijuana activist Grant Krieger is jubilant that Canada's
high court unanimously struck down his three-year-old trafficking conviction.

"It's excellent. I'm not surprised. Now the court here has to get me
another trial," said Krieger, who smokes pot to ease his multiple
sclerosis symptoms and has distributed it to others suffering painful
medical conditions.

"I'm still walking. I'm still fighting. I'm still scrapping," said
Krieger, who has maintained he never profited from growing pot.

The Supreme Court, in a 7-0 judgment Thursday, overturned Krieger's
2003 conviction, entitling him to a new trial if the Crown chooses to
proceed again.

The court ruled the Alberta judge violated Krieger's rights by
ordering a jury to convict.

"The trial judge usurped the jury's function," the Supreme Court
justices wrote in a 15-page ruling.

"In a trial by judge and jury, the verdict must be that of the jury,
not the judge."

Alberta Court of Queen's Bench Judge Paul Chrumka ordered jurors to
find him guilty because Krieger admitted distributing marijuana.

Two jurors objected and said their consciences wouldn't permit them to
convict. Chrumka refused to excuse them.

That decision was upheld by the Alberta Court of Appeal.

Justice Morris Fish, writing for the Supreme Court, said: "In effect,
the trial judge reduced the jury's role to a ceremonial one."

"He ordered the conviction and left to the jury, as a matter of form
but not of substance, its delivery in open court," Fish wrote.

Krieger was diagnosed with MS in 1978 and first charged in 1999 after
police seized 29 marijuana plants -- a grow op he admitted to
maintaining at his Calgary home.

Since then, Krieger said his fight has been costly in terms of legal
fees and lost product confiscated by police.

"It's cost me everything so far -- family, friends. Family was the
worst hit," said Krieger, who is estranged from his wife of 25 years.

Despite the cost, he's looking forward to a new trial.

"I asked for a trial by my peers. I got a trial by a judge," he
said.

Canadians may smoke marijuana for medicinal purposes but are not
allowed to cultivate plants or supply them to other people.

The Supreme Court decision had some strong political overtones, said
John Winterdyk, a criminologist with Mount Royal College.

"The Supreme Court recognized Canadian sovereignty rather than
kowtowing to American will," said Winterdyk.

The Americans long ago "got their noses out of joint" and have been
critical of what they consider to be lax Canadian marijuana laws, he
said.

"Americans are saying, 'We've got the war on drugs. Those guys up
north are not only letting terrorists run across the border but
they're soft on drugs,' " said Winterdyk.

The highest court was "upholding Canadian law, not the interests of
American counterparts," he said.

"I think it's a fairly progressive comment on something that is
politically and socially sensitive. There's a fine line between
medical and personal use."

Meanwhile, Krieger was convicted last month on another two trafficking
charges in the Alberta courts. He is scheduled to be sentenced in February.

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THE GRANT KRIEGER CASE

August 1999: Calgarian Grant Krieger, a multiple sclerosis sufferer
since 1978, is first charged with possession and trafficking of
marijuana, plus breach of probation, and is jailed for sixteen days.

August 2000: Krieger files a Charter of Rights and Freedoms
application in Alberta Court of Queen's Bench to use marijuana for
medicinal purposes.

December 2000: In a landmark Alberta Court of Queen's Bench ruling
Krieger wins the right to grow and possess marijuana, but may not
redistribute the drug.

December 2003: Court of Queen's Bench jury finds Krieger guilty of
possession and trafficking of marijuana.

April 2005: Alberta Court of Appeal upholds Krieger's 2003
conviction for possession of marijuana, in a 2-1 split decision.

Oct. 26, 2006: In a 7-0 ruling, the Supreme Court of Canada grants a
new trial to Krieger, overturning his 2003 conviction.

Source - Calgary Herald Archive

Compiled by Aideen McCormick