TAKING NIBBLE FROM FELGER

Moments before Tim Felger was found guilty of a criminal offence
yesterday, the marijuana advocate jumped out of his chair and loudly
repeated "walk away" as Judge R.J. Lemiski discussed the circumstances
on April 15, 2002 that led to Felger facing three criminal charges.

Yesterday, Lemiski ruled Felger was guilty of resisting a peace
officer, but dismissed charges of causing a disturbance and assault.

Sentencing occurred after press deadline yesterday, but Crown
prosecutor Jim Barbour was advocating probation with community work
service, while defence lawyer John Conroy asked for an absolute
discharge, or "at worst" a conditional discharge.

During Lemiski's decision, he noted that Felger, "in his own zeal,"
was the "master of his own fate.

"He is a person, by his own choice . . . who prefers to live on the
edge when it comes to authority," said Lemiski, who conceded Felger
probably "got more than he deserved" on April 15, 2002.

On that day, Felger was handing out leaflets promoting an upcoming
marijuana legalization rally while passing the time prior to his court
appearance for marijuana cultivation.

Deputy sheriff John Silvester had just left his office when he slipped
on one of the leaflets, prompting him to approach Felger because he
was concerned about the safety of patrons.

Felger responded, "No," when asked if the papers were his, and the
situation escalated, with sheriffs wanted to evict Felger, who refused
to leave.

Felger, during court testimony, resisted the ejection, saying it
wasn't a lawful arrest.

Yesterday, Barbour argued deputy sheriffs were within their right to
evict Felger, as the Sheriff's Act allows for that act when safety in
the courthouse is believed to be compromised or court proceedings are
disturbed.

Lemiski disagreed that safety was an issue that day, but did find
sheriffs within their right to ask Felger to leave the courthouse.

Conroy argued Felger was within his Charter right when distributing
the pamphlets. "Deputy sheriff Silvester exceeded his authority . . .
and interfered with (Felger's) free speech," he said.