COURT DENIES ACTIVIST'S POT APPEAL

Marijuana crusader Grant Krieger can't "piggy back" on the Charter
rights of sick people to have access to medicinal pot, Alberta's top
court ruled yesterday.

A three-member Alberta Court of Appeal panel rejected submissions by
defence lawyer John Hooker that Krieger should be given a
constitutional exemption to Canada's trafficking laws.

Hooker argued patients to whom Krieger supplied marijuana were
entitled to get it, but the government hadn't created a suitable
scheme for them to obtain it.

Krieger readily admitted providing the drugs, through his Compassion
Club, to sick individuals who couldn't get doctors to approve
marijuana prescriptions.

"It's extremely difficult for the members of the Compassion Club, the
ill people ... to get their prescriptions," said Hooker.

"He's trying to help extremely ill people and the government has
blocked that," the lawyer said.

He said doctors are reluctant to provide patients with the necessary
paperwork to get government approval for marijuana
prescriptions.

Hooker said like the case of Dr. Henry Morgentaler, who was acquitted
of providing abortions when it was illegal to do so, Krieger was
trying to right a legal wrong.

"If there's a manifest unfairness, it's got to be fixed," he
said.

"We're trying to piggy back Mr. Krieger on the rights of his
patients," Hooker said.

But Justice Ronald Berger, in giving the court of appeal's unanimous
ruling, said Krieger wasn't entitled to rely on the Charter rights of
others to ignore the law.

"The appellant ... alleges that those he supplies are disadvantaged
and accordingly he, the supplier, is entitled to adjunct
constitutional protection," Berger said.

"That argument has to be rejected."