GROW-OP FOR COMPASSION CLUB WAS LEGAL, ARGUES BOYER

Vancouver resident Mark Boyer, also a Marijuana Candidate for Kingsway East
in the June federal election, wanted to take the Abbotsford Police Service
to court.

Boyer, who has lymphoma and operates a compassion club, is claiming rights
to the equipment and pot taken by the Abbotsford police in a July 5
marijuana grow bust.

However, his application to have the police department charged under Sect.
337.1 of the Canada Criminal Code was denied in a process hearing Thursday
by Judge Peder Gulbransen in Abbotsford provincial court.

Boyer said Sect. 337.1, a rarely used law, refers to a charge of a public
official refusing to return property.

Rob Menard, who spoke to the court along with Boyer, said they were not able
to establish enough information for the court to allow the matter to
proceed. The court was closed to everyone except the applicants.

Boyer's application stems back to July 5, when he said the Abbotsford police
forced their way into his home without a warrant and found a grow-op.

"They came without a warrant. They came in with guns and terrorized the kids
and everyone who was there," Boyer said, adding that no charges were laid
relating to the bust.

Even though the grower insisted that the grow-op was legal and was for a
medical marijuana compassion network, the police took grow lights, other
equipment and 75 small plants, he said. The police also asked the grower to
sign a release allowing them to take the equipment, threatening him with
arrest if he did not sign, he said. Those actions are illegal, Boyer said.

Boyer said he had the grow-op arranged legally through the Grow-op Co-op,
which arranges producers for medical marijuana. Boyer insists the Abbotsford
grow-op was safe and not stealing electricity.

Boyer also said that under the Canada Elections Act, growing and selling
marijuana in support of his party's platform and to raise money for tax
deductible donations is completely legal. He cited a precedent set in the
Longley vs. Regina case in 1999.

"So I'm claiming fiduciary rights to the grow-op," he said before the court
proceedings.

He also wanted to be compensated for the value of the marijuana, which he
said could be as much as $100,000.

After the process hearing, held to see if there was enough evidence to
continue, Boyer said that he may apply to have his property returned under
Sect. 490 of the CCC, which says a person can apply to have property after
the police hold it for 90 days. He also did not rule out a civil suit
against the Abbotsford police.