MARIJUANA ADVOCATE WINS ANTI-POSTERING CHALLENGE

A Vancouver bylaw is found to violate David Malmo-Levine's Charter rights.

Marijuana advocate David Malmo-Levine won a constitutional challenge of
Vancouver's anti-postering bylaw this week.

But he lost a Charter challenge at his current trial for trafficking pot
while operating the so-called Harm Reduction Club.

The win came in provincial court, where Gerry Hayes, a justice of the
peace, ruled Malmo-Levine's Charter rights of freedom of expression were
violated by the city bylaw prohibiting postering on lamp standards, street
lights and other city property.

The ruling stems from an incident last May 11 when Malmo-Levine was charged
under bylaw No. 2489 Section 85A after police found him affixing posters
questioning Canada's drug laws to utility poles.

Police threatened to arrest him if he failed to stop and his remaining
posters were seized.

``The city has failed to establish that the limits placed on freedom of
expression, as protected right under Section 2(b) of the Charter, by virtue
of the bylaw prohibition against postering, are reasonable and demonstrably
justified in this case,'' Hayes said in the ruling.

``Mr. Malmo-Levine is thereby acquitted and I leave it to the city to
determine how they wish to amend their bylaw in light of this decision.''

The secondary issue at trial was whether the police conduct was reasonable
enforcement and infringed Malmo-Levine's rights under Section 7 and 8 of
the Charter.

Hayes ruled the police officer who threatened to arrest Malmo-Levine
violated his rights. He suggested Malmo-Levine might seek a remedy of
monetary damages by launching a civil lawsuit in B.C. Supreme Court.

The ruling strikes down the city bylaw, which was brought in to cut the
nuisance factor, visual blight and the cost of removing posters.

Patsy Scheer of the city's legal department said the city is considering an
appeal.

She didn't wish to comment further.

Earlier this week, Malmo-Levine and co-accused Chad Rowswell, who are on
trial for possession of marijuana for the purpose of trafficking, lost a
Charter challenge of Canada's marijuana law.

Malmo-Levine said B.C. Supreme Court Justice Victor Curtis wouldn't even
listen to argument that the accused were trying to reduce harm to marijuana
users by selling them pot and allowing them to smoke it in a safe
environment.

Malmo-Levine founded the Harm Reduction Club and had members pay a $10 fee
to buy drugs at his basement suite at 1527 East 4th in Vancouver. Members
had to sign a form promising not to drive a car or operate heavy machinery
while stoned.

After widespread publicity, Vancouver police and RCMP drug squad officers
raised the suite on Dec. 4, 1996 and seized 316 grams of marijuana.

Malmo-Levine's lawyer, Paul Hundal, said he plans to apply to have the
charges stayed because police pointed their guns at the heads of the
accused during the raid, thereby using excessive force during the search
and seizure. The lawyer asked an officer to demonstrate in court Thursday
how he entered the suite and pulled out his 9-mm semi-automatic pistol. The
officer unloaded his gun before demonstrating.