POT ACTIVIST'S CHARTER RIGHTS 'VIOLATED'

Marijuana champion Ted Smith is the victim of discrimination because
he is a pot smoker and a political activist, a provincial court judge
heard Tuesday.

Defence counsel Robert Moore-Stewart argued police and the Crown are
violating Smith's rights to equality guaranteed by the Canadian
Charter of Rights and Freedoms.

"He is being discriminated against as a cannabis user and a political
activist," said Moore-Stewart.

Smith, 35, is facing a charge of trafficking in marijuana. His trial
wrapped up Tuesday. A verdict is scheduled to be handed down Jan. 20.

Smith is charged in connection with a Nov. 8, 2002, rally at the
University of Victoria where he spoke to about 40 people about
marijuana, its benefits and his objections to the law prohibiting it.
He then lit up several joints and passed them out to the crowd.

After the rally, plain-clothes officers who had stood in the crowd
moved in and arrested Smith.

Moore-Stewart said the Crown was unfairly escalating the charge. Smith
merely shared some marijuana joints. He made no money. Normally he
would face a charge of simple possession not trafficking in a
controlled substance.

Under the Canadian Criminal Code, possession carries a maxium penalty
of seven years in prison. Trafficking carries a maximum of life.

"What the Crown is asking the court to do is super-criminalize Mr.
Smith," said Moore Stewart.

Prosecutor Richard Fowler said Smith was observed distributing a
controlled substance. Even if it was a gift and he received no money
that still constitutes trafficking.

Fowler also said it is no less a crime because the marijuana was
distributed at a political rally. Smith's rights to freedom of thought
and assembly don't provide him the right to break the law.

"The charter is not there to protect any illegal activity just because
it's performed in public," said Fowler.

And he said police didn't target Smith but investigated a complaint.

They observed, waited until the crowd had dispersed and took action.

"There is just no truth to the suggestion that this was a planned
attack on Mr. Smith," said Fowler.