News (Media Awareness Project) - CN ON: Pot-Smoking Reverend Wants Supreme Court To Hear His Case |
Title: | CN ON: Pot-Smoking Reverend Wants Supreme Court To Hear His Case |
Published On: | 2009-07-29 |
Source: | Bracebridge Examiner (CN ON) |
Fetched On: | 2009-07-31 18:00:54 |
POT-SMOKING REVEREND WANTS SUPREME COURT TO HEAR HIS CASE
You could call him a 'holy roller.'
On Monday, a Bracebridge court judge granted Sturgeon Falls resident
Michel Ethier, 52, until Feb. 11, 2010 to prepare his defence against
a pot possession charge he received in Muskoka in the summer of 2008.
Ethier is a reverend with the so-called Church of the Universe, an
organization that believes marijuana is a religious sacrament.
But rather than deal with the charge at hand, Ethier told Justice
Robert Weekes that he also now wants his case heard by the Supreme
Court of Canada.
Ethier was granted the time extension after he argued he wasn't
provided enough time by federal Crown attorney Kelly Reitsma to
digest information relating to his case.
With his trial now set for February, the presiding judge in the case
will have to rule on whether Ethier's Supreme Court request can be
approved, and if not, render a verdict on Ethier's current possession charge.
On Aug. 10, Ethier was stopped for erratic driving on Hwy. 11 near
Cedar Lane in Bracebridge.
Police said they found evidence the driver had been smoking
marijuana. A subsequent search of his vehicle produced one pound of
the illegal substance.
Ethier was charged with possession of marijuana over 30 grams and released.
In court on Monday, Crown attorney Reitsma argued Ethier had been
provided enough time to digest the relevant materials.
"He's well aware of the issues," she argued. "He's well-versed in the
area of criminal law regarding marijuana."
Weekes told Reitsma he found no fault with her, but said he had no
choice but to grant Ethier's request.
The judge made the decision noting that Ethier has no lawyer and is
representing himself.
"You need to prepare your argument," he told the defendant sternly.
Outside court, Ethier argued that marijuana is a holy plant.
He also said he has "an ace" that will help him defend his case next
year, but that he didn't want to say what it was at this time.
"We consider (marijuana) to be the tree of life," he said. "(Through
its use) you get more enlightened. It's a spiritual experience. This
happens to be a plant that opens up your thought processes and makes
you see through all the haze that's out there."
As to why he wants the Supreme Court to hear his case, Ethier
explained that the church of the universe has been around for four
decades and in this time has had numerous court dealings.
"At one point, the Ontario Court of Appeal ruled that freedom of
religion is not a defence in the matters of trafficking our
sacrament," he said. "There are other church ministers facing
cannabis-related charges throughout the province who are making an
attempt to go (the Supreme Court) route as well."
Ethier, who has been a minister with the church for a little over a
decade, believes he had less than one pound of marijuana when he was
arrested in Bracebridge.
"I'm seeking an order from the federal court against the Crown and
its agents to stop prosecuting people for possession or cultivation
because they are non offences," he told the Forester.
Ethier was arrested three times in 2008.
"This particular incident (in Bracebridge) was the second time," he
said. "The first time was in Sturgeon Falls, with 8.5 grams, and the
other time was on Sept. 23 with 14 pounds of sacrament in Sturgeon Falls."
Walter Tucker started the Church of the Universe in 1969 in southern
Ontario. The organization's website lists an address in Hamilton, Ontario.
Church members are encouraged to grow and distribute the plant.
You could call him a 'holy roller.'
On Monday, a Bracebridge court judge granted Sturgeon Falls resident
Michel Ethier, 52, until Feb. 11, 2010 to prepare his defence against
a pot possession charge he received in Muskoka in the summer of 2008.
Ethier is a reverend with the so-called Church of the Universe, an
organization that believes marijuana is a religious sacrament.
But rather than deal with the charge at hand, Ethier told Justice
Robert Weekes that he also now wants his case heard by the Supreme
Court of Canada.
Ethier was granted the time extension after he argued he wasn't
provided enough time by federal Crown attorney Kelly Reitsma to
digest information relating to his case.
With his trial now set for February, the presiding judge in the case
will have to rule on whether Ethier's Supreme Court request can be
approved, and if not, render a verdict on Ethier's current possession charge.
On Aug. 10, Ethier was stopped for erratic driving on Hwy. 11 near
Cedar Lane in Bracebridge.
Police said they found evidence the driver had been smoking
marijuana. A subsequent search of his vehicle produced one pound of
the illegal substance.
Ethier was charged with possession of marijuana over 30 grams and released.
In court on Monday, Crown attorney Reitsma argued Ethier had been
provided enough time to digest the relevant materials.
"He's well aware of the issues," she argued. "He's well-versed in the
area of criminal law regarding marijuana."
Weekes told Reitsma he found no fault with her, but said he had no
choice but to grant Ethier's request.
The judge made the decision noting that Ethier has no lawyer and is
representing himself.
"You need to prepare your argument," he told the defendant sternly.
Outside court, Ethier argued that marijuana is a holy plant.
He also said he has "an ace" that will help him defend his case next
year, but that he didn't want to say what it was at this time.
"We consider (marijuana) to be the tree of life," he said. "(Through
its use) you get more enlightened. It's a spiritual experience. This
happens to be a plant that opens up your thought processes and makes
you see through all the haze that's out there."
As to why he wants the Supreme Court to hear his case, Ethier
explained that the church of the universe has been around for four
decades and in this time has had numerous court dealings.
"At one point, the Ontario Court of Appeal ruled that freedom of
religion is not a defence in the matters of trafficking our
sacrament," he said. "There are other church ministers facing
cannabis-related charges throughout the province who are making an
attempt to go (the Supreme Court) route as well."
Ethier, who has been a minister with the church for a little over a
decade, believes he had less than one pound of marijuana when he was
arrested in Bracebridge.
"I'm seeking an order from the federal court against the Crown and
its agents to stop prosecuting people for possession or cultivation
because they are non offences," he told the Forester.
Ethier was arrested three times in 2008.
"This particular incident (in Bracebridge) was the second time," he
said. "The first time was in Sturgeon Falls, with 8.5 grams, and the
other time was on Sept. 23 with 14 pounds of sacrament in Sturgeon Falls."
Walter Tucker started the Church of the Universe in 1969 in southern
Ontario. The organization's website lists an address in Hamilton, Ontario.
Church members are encouraged to grow and distribute the plant.
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