POT PAYBACK CASE A 'MERRY-GO-ROUND' SAYS JUDGE

Appointing a case management judge was recommended yesterday by a B.C.
Supreme Court Justice to stop the "merry-go-round" of a Chilliwack man's
attempt to get court-ordered compensation for marijuana plants seized by
police nearly two years ago.

Madam Justice M. Marvyn Koenigsberg dismissed Brian Carlisle's application
for compensation yesterday after comparing her role in the case to Middle
East peacemakers seeking "the road to Damascus."

"The only road that's going to overcome the obstacles you face is a
constitutional challenge, and that you have to do on proper notice," she
told lawyer Dale Pedersen, acting for Mr. Carlisle.

Crown lawyers George Carruthers and Peter Kennedy told the court yesterday
that they had not received proper notice of a constitutional challenge and
were not prepared to make submissions.

Mr. Pedersen said his client had already given notice to the Crown during
court proceedings in Hope in January 2002, but the case had been adjourned
when criminal charges against Mr. Carlisle were stayed.

However, Justice Koenigsberg said the defence could not suddenly "revive"
the notice after more than a year had passed, and that in any event the
prosecution was "clearly" not prepared to argue constitutional matters.

"This is like a merry-go-round without an off button," she said.

Justice Koenigsberg dismissed Mr. Carlisle's current application, but gave
him leave to pursue a constitutional challenge. She also said she would
recommend assigning a judge based in Chilliwack to expedite the case given
Mr. Carlisle's shortened life expectancy. Earlier in the proceedings, the
justice said she doubted a charter challenge would succeed unless it was
proved the seizure was unlawful under the Controlled Drugs and Substances Act.

She said Mr. Carlisle's position was "logical," but "it ultimately comes
back to when the plants were taken. Was it lawful? It sure was."

"Unless the act under which they were taken was unlawful, there's no
challenge I can see," she said.

RCMP officers seized 57 marijuana plants and grow equipment at Mr.
Carlisle's home in Hope on July 27, 2001. Trafficking and cultivation
charges were dropped after Mr. Carlisle obtained a licence to grow
marijuana for medical purposes in September, 2002. He was seeking about
$90,000 in compensation for the purchase of marijuana for medical purposes
after the plants were seized.