SUED JUDGE SENDS POT CASE TO SUPREME COURT

A former Marijuana Party candidate claimed at least a partial victory
yesterday in his bid to have drug charges tossed.

Michael Ronald Patriquen, 47, took the unusual step of suing a judge,
claiming he has no jurisdiction to hear the case on the belief that
Canada's marijuana laws are unconstitutional.

He is also suing prosecutor James Martin, saying he acted improperly and
ultimately prevented him from getting medical treatment while in custody.

Patriquen, a pot advocate, had been charged with growing and selling pot
stemming from a Feb. 28 arrest.

Halifax provincial court Judge Patrick Curran, whom Patriquen is suing,
adjourned the hearing again yesterday - this time indefinitely. He was
scheduled for a preliminary hearing Monday.

He said Nova Scotia's rules for civil actions require him to send the case
to Nova Scotia Supreme Court. The matter will return to provincial court if
the higher court dismisses Patriquen's lawsuit.

Martin has called the lawsuit a stalling tactic, which Patriquen vigorously
denies.

"What I want at the end of the day is my constitutional day in court, and
it looks like we're proceeding in that direction," Patriquen said outside
court yesterday. "Judge Curran was very open-minded to allow us to go that
route."

The Orchard Drive, Lower Sackville resident runs a free weekly tabloid
called The Hemp Times. He ran as the Marijuana Party candidate, along with
his wife, Melanie, in last fall's federal election.

Patriquen also wants an order to prevent Curran or any other provincial
court judge in Nova Scotia from taking any further proceedings against him.
He wants the court to reimburse him for the costs of the lawsuit.

"People for too long have thought the courts are nothing but a
stomping-ground for the police and the prosecution. Everyone has their
rights in court; you just have to know where to look and how to approach
them," Patriquen said. "The Supreme Court of Canada says that any accused,
at any time during the course of the proceedings, can ask for a termination
of those proceedings if he can prove why they should be stopped."

Federal Justice Department spokesman Glenn Chamberlain said Patriquen's
suit against Martin is baseless.