News (Media Awareness Project) - CN ON: Pot Judgement For The Church Of The Universe |
| Title: | CN ON: Pot Judgement For The Church Of The Universe |
| Published On: | 2011-02-07 |
| Source: | Toronto Sun (CN ON) |
| Fetched On: | 2011-03-09 14:35:54 |
POT JUDGEMENT FOR THE CHURCH OF THE UNIVERSE
It's judgment day Monday for a Toronto church - the "Church of the
Universe" - that has asked a Superior Court judge for an exemption to
the country's marijuana laws for religious reasons.
If Madam Justice Thea Herman grants the exemption, it would strike
down the laws prohibiting the possession, cultivation and
distribution of marijuana.
"It would effectively legalize marijuana because every pot smoker
would find a new religion," argued Nick Devlin and Donna Polgar, of
the Public Prosecution Service of Canada, which opposed the bid.
They urged the court to weed out frivolous claims.
"The Church of the Universe ... offers marijuana - however and
whenever individuals want it," the lawyers stated in their factums
filed in court.
"Simply put, the mere fact that one profoundly enjoys using marijuana
does not beget a constitutional right to traffic it commercially."
It is expected that if the Church wins the exemption, the federal
government will appeal the decision to the Ontario Court of Appeal.
It's believed to be the first time a Canadian court has been asked to
define whether a religion's illegal practices are protected by the
Charter of Rights.
Lawyers Paul Lewin and George Filipovic, who represent two
minister-members of the church, argued the Church of the Universe
views cannabis as sacred substance which brings them closer to God.
The religion also teaches that Jesus Christ was anoited with a holy
oil, containing a key ingredient which translates as cannabis, court heard.
The two lawyers represent Peter Styrsky and Shahrooz Kharaghani, both
minister-members of the Beaches Mission of God - Assembly of The
Church of the Universe (COU) location at 1905 Queen St. E.
By outlawing marijuana, the state is infringing on the Universe
church-goers Charter right of Freedom of Religion, their lawyers
asserted. Styrsky, 53, and Kharaghani, 31, were charged with
trafficking marijuana after they allegedly sold pot to two undercover
cops who infiltrated their church as members in 2006.
It's judgment day Monday for a Toronto church - the "Church of the
Universe" - that has asked a Superior Court judge for an exemption to
the country's marijuana laws for religious reasons.
If Madam Justice Thea Herman grants the exemption, it would strike
down the laws prohibiting the possession, cultivation and
distribution of marijuana.
"It would effectively legalize marijuana because every pot smoker
would find a new religion," argued Nick Devlin and Donna Polgar, of
the Public Prosecution Service of Canada, which opposed the bid.
They urged the court to weed out frivolous claims.
"The Church of the Universe ... offers marijuana - however and
whenever individuals want it," the lawyers stated in their factums
filed in court.
"Simply put, the mere fact that one profoundly enjoys using marijuana
does not beget a constitutional right to traffic it commercially."
It is expected that if the Church wins the exemption, the federal
government will appeal the decision to the Ontario Court of Appeal.
It's believed to be the first time a Canadian court has been asked to
define whether a religion's illegal practices are protected by the
Charter of Rights.
Lawyers Paul Lewin and George Filipovic, who represent two
minister-members of the church, argued the Church of the Universe
views cannabis as sacred substance which brings them closer to God.
The religion also teaches that Jesus Christ was anoited with a holy
oil, containing a key ingredient which translates as cannabis, court heard.
The two lawyers represent Peter Styrsky and Shahrooz Kharaghani, both
minister-members of the Beaches Mission of God - Assembly of The
Church of the Universe (COU) location at 1905 Queen St. E.
By outlawing marijuana, the state is infringing on the Universe
church-goers Charter right of Freedom of Religion, their lawyers
asserted. Styrsky, 53, and Kharaghani, 31, were charged with
trafficking marijuana after they allegedly sold pot to two undercover
cops who infiltrated their church as members in 2006.
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