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News (Media Awareness Project) - Canada: Former London Hemp Activist Gets Day in Court
Title:Canada: Former London Hemp Activist Gets Day in Court
Published On:2002-12-12
Source:London Free Press (CN ON)
Fetched On:2008-01-21 17:31:34
FORMER LONDON HEMP ACTIVIST GETS DAY IN COURT

A challenge to marijuana laws that began at a store on Richmond Street will
be argued tomorrow before the Supreme Court of Canada.

Former Londoner Chris Clay, whose downtown Hemp Nation became a beachhead
for a legal offensive, gets his last chance to overturn laws upheld by two
lower courts.

"I've waited a long, long time for this," Clay said yesterday, moments
after his plane touched down in Toronto after a flight from his British
Columbia home.

From a London store started with a government loan, Clay sold marijuana
seeds and seedlings to challenge marijuana laws. Police raided the store in
1995 and in 1996 charged Clay with drug trafficking and possession. He was
later convicted and fined $750 and placed on probation.

At a trial in London, Clay's defence team flew in experts from across the
continent who said marijuana was less addictive than caffeine and caused
less impairment than over-the-counter antihistamines.

Trial judge John McCart agreed marijuana was mostly harmless, but refused
to strike down the law, saying the right to use marijuana was not a
fundamental one and changes should be made by Parliament, not the courts.
His ruling was upheld by the Ontario appeals court.

Tomorrow's hearing will be heard days after Federal Justice Minister Martin
Cauchon said his government will likely take steps next year to
decriminalize marijuana.

A parliamentary committee will release a report on marijuana today that
sources say recommends allowing people to grow pot for their own use.

But Clay is skeptical change will come unless the courts force it. Similar
promises have been broken as far back as 1970, he said.

"It's just like medicinal pot -- the government has dragged its heels," he
said.

Now 31, Clay, once known as "hemp boy," owns a company that rents space on
an Internet server for Web sites.

Clay's defence team -- two Toronto lawyers -- have spent about $100,000 and
have donated their services for free, Clay said. Much of that money was
raised through the sale of 1,500 Second World War-style victory bonds. If
Clay wins, the bonds will be redeemable for a quarter-ounce of marijuana.

Clay's case is one of three marijuana-related cases the high court will
consider together. The Court is not expected to announce a decision until
sometime next year.

But regardless of the decision, Clay has won the battle of public opinion,
said one of his lawyers.

"We've effectively changed public opinion in our favour," Alan Young said.
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