DRUG CASE TAKEN TO HIGHER LEVEL

"If cultivation of these plants is a crime, then God is a criminal and
Mr. Hunter is only his accomplice" Rev. Henry Boston.

"There's nobody who could give evidence on whether or not God is
supreme in Canada" Justice Montague Drake.

City man tries to convince justice drug laws are unconstitutional.

By Kim Westad (TC Staff)

The Victoria man who wants to decriminalize marijuana took his pitch to
the establishment Monday, arguing in B.C. Supreme Court that several
drug laws are unconstitutional.

Garbed in a grey flannel suit, his side burns subdued as mutton chops
can be Ian Hunter seemed to fit right into the legal scene.

"When in Rome, dress as the Romans do," said Hunter, who is representing
himself in a threeday constitutional argument.

But the 35year [old] didn't completely forgo his belief in all things
hemp. Hunter said his boxers were made of the material, and half his
97page legal argument is typed on hemp paper.

"It may be the first time hemp has been in Supreme Court, but you
never know. There are a lot of people who believe in it," Hunter said.

Hunter is trying to have laws making possession and cultivation of
marijuana and psilocybin mushrooms ruled contrary to the Charter of
Rights.

He cites several breaches of the Charter from religious grounds
to protecting Canada's multicultural heritage as reasons the judge
should strike down the drug laws.

"We are doing a fullfrontal attack, saying all these sections are
pertinent. This issue brings together so many important rights."

Hunter was charged last July with possession of magic mushrooms, and
cultivation and possession of marijuana for the purpose of trafficking.

Victoria Police seized 22 seedlings, believed to be marijuana, a package
of seeds and a small amount of what is thought to be magic mushrooms.

Freedom of religion is a key plank in Hunter's argument. He says people
should be free to worship as they please, and if cannabis is part of it,
so be it.

Hunter wants the court to acknowledge that marijuana and mushrooms
were originally created by God, so are worthy of the same protection
from the court that would extend to other living species.

"God supports growing cannabis because it was placed on the Earth for us
to use." Hunter argued, adding there is no demonstrative proof that it
is harmful. "If it's not harmful, why is it a crime to possess it?"

Hunter is backed up by Rev. Henry Boston, who sat in court as Hunter's
spiritual adviser. Boston says the Charter of Rights must be interpreted
taking into account that the Charter preamble says that God is supreme.

God created cannabis and mushrooms and also provided the nutrients in
the soil and water necessary for their cultivation, said Boston.

"If cultivation of these plants is a crime, then God is a criminal
and Mr. Hunter is only his accomplice," Boston said.

But Justice Montague Drake wouldn't let Hunter present evidence about
God's supremacy. "There's nobody who could give evidence on whether
or not God is supreme in Canada. Who is qualified to do that?" asked
Drake. The argument continues today.