News (Media Awareness Project) - Canada: Trial Of Marijuana Crusader Delayed By Wait For Ruling |
Title: | Canada: Trial Of Marijuana Crusader Delayed By Wait For Ruling |
Published On: | 1998-11-18 |
Source: | London Free Press (Canada) |
Fetched On: | 2008-09-06 20:03:07 |
TRIAL OF MARIJUANA CRUSADER DELAYED BY WAIT FOR RULING
Pot crusader Lynn Harichy had her trial postponed again yesterday while the
Ontario Court of Appeal continues to ponder a long-awaited decision on
another marijuana-as-medicine case.
Harichy, a 37-year-old Londoner who sat on the police station steps and lit
up a joint last year to protest marijuana laws, says she needs the illegal
weed to ease the spasms and pain of multiple sclerosis.
She is facing one charge of possessing marijuana and now has had two
scheduled trials postponed while waiting for the appeal court.
Federal prosecutor David Rowcliffe told Judge Kathleen McGowan yesterday
that with the defence's consent the case will be adjourned to Feb. 3 to set
a new trial date.
It is hoped that the appeal court ruling will be in by then because "it may
determine the outcome of this case," he said.
The top court is considering the case of Terry Parker, a 43-year-old
Toronto epileptic who came out on top legally after being busted for
cultivating marijuana in 1996.
In a precedent-setting Charter of Rights and Freedoms case, a Toronto judge
ruled Parker has a medical need to smoke marijuana. The judge ruled the
best way for Parker to get a supply was to grow it. The Crown immediately
appealed.
The judge stayed charges of cultivation and possession against Parker, but
convicted him of trafficking because he admitted giving a joint to other
seizure sufferers. He was sentenced to time served and put on probation for
a year.
Also bound for the appeal court is the case of former Londoner Christopher
Clay, who was convicted of possessing and selling marijuana after a highly
publicized trial last year.
Now living in Vancouver, Clay is crusading for the legalization of pot on
the grounds that maintaining it as a criminal substance violates the
Charter.
Checked-by: Mike Gogulski
Pot crusader Lynn Harichy had her trial postponed again yesterday while the
Ontario Court of Appeal continues to ponder a long-awaited decision on
another marijuana-as-medicine case.
Harichy, a 37-year-old Londoner who sat on the police station steps and lit
up a joint last year to protest marijuana laws, says she needs the illegal
weed to ease the spasms and pain of multiple sclerosis.
She is facing one charge of possessing marijuana and now has had two
scheduled trials postponed while waiting for the appeal court.
Federal prosecutor David Rowcliffe told Judge Kathleen McGowan yesterday
that with the defence's consent the case will be adjourned to Feb. 3 to set
a new trial date.
It is hoped that the appeal court ruling will be in by then because "it may
determine the outcome of this case," he said.
The top court is considering the case of Terry Parker, a 43-year-old
Toronto epileptic who came out on top legally after being busted for
cultivating marijuana in 1996.
In a precedent-setting Charter of Rights and Freedoms case, a Toronto judge
ruled Parker has a medical need to smoke marijuana. The judge ruled the
best way for Parker to get a supply was to grow it. The Crown immediately
appealed.
The judge stayed charges of cultivation and possession against Parker, but
convicted him of trafficking because he admitted giving a joint to other
seizure sufferers. He was sentenced to time served and put on probation for
a year.
Also bound for the appeal court is the case of former Londoner Christopher
Clay, who was convicted of possessing and selling marijuana after a highly
publicized trial last year.
Now living in Vancouver, Clay is crusading for the legalization of pot on
the grounds that maintaining it as a criminal substance violates the
Charter.
Checked-by: Mike Gogulski
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