CLERICS LOSE BID TO LEGALIZE POT

Court official extends deadline for pair to challenge drug laws

OTTAWA - The Federal Court says two dope-smoking clerics should take
another shot at challenging Canada's drug laws.

Walter A. Tucker and Michael J. Baldasaro, of the Church of the Universe,
intend to do just that.

They also lost a bid to overturn voting restrictions on minors and the new
gun-control law, but their somewhat clumsy court challenges didn't
completely fail.

``This is a case where the plaintiffs' religious rights are alleged to be
threatened,'' ruled Peter Giles, the court's associate senior prothonotary.
He noted the two allegedly use cannabis ``in their daily lives on the
advice of God.''

``The constitutionality of legislation controlling cannabis in the face of
religious requirement is a possibly serious issue,'' Giles said and gave
them until Jan. 10 to refile their suit against the Controlled Drugs and
Substances Act.

That deadline's already passed, but the two ministers say they'll ask for
an extension and pursue their cause: to decriminalize marijuana.

Baldasaro, 49, who had announced his candidacy for the federal Tory
leadership but failed to meet all the filing requirements, dismissed the
court official's criticism of their poorly drafted claim.

``That doesn't mean anything, sister,'' he said in a telephone interview
from Hamilton. ``If we have a right to worship in this fashion, how
technical do they expect you and me to be?''

He said Canada's drug laws that prohibit possession of marijuana violate
church members' freedom of religion because smoking pot is part of how they
worship God. ``It's our sacrament.

``We're looking for simple justice and a simple declaration that the
Controlled Drugs and Substances Act . . . when they're applying it against
our freedom of religion, is a violation of the Charter (of Rights and
Freedoms).''

Tucker, who got on another telephone extension to join the interview, said
smoking a joint for him is no different than a Catholic drinking wine
during communion.

Baldasaro and Tucker estimate the Church of the Universe, which they
describe as all-denominational, has about 30,000 members in Canada. --