MARIJUANA ADVOCATES WIN PART OF CASE

HAMILTON - A Superior Court jury has awarded $15,000 in damages to Church
of the Universe founder Walter A. Tucker, finding the 69-year-old man was
roughed up and assaulted by security guards at Eastgate Square.

At the same time, the jury dismissed a similar claim by fellow marijuana
minister, Michael Baldasaro, 53, who will be stuck with at least some of
the legal costs incurred by mall owner, Cadillac Fairview Corp. Ltd.

The two men, who represented themselves in court during the 12-day trial,
argued that they were unlawfully arrested, assaulted and humiliated by
security staff on Nov. 25, 2000.

Baldasaro, who was a mayoralty candidate at the time, believes he and
Tucker were accosted because security staff were operating under a mistaken
impression that they were campaigning in the shopping mall.

Tucker said he was merely purchasing a book from a local author, who was
signing copies at a table, when guards approached and demanded he leave. He
said his arm was "painfully" twisted behind his back and that other
security staff handcuffed and "dragged Brother Baldasaro away like an animal."

"The Charter of Rights and Freedoms is the supreme law in Canada and
overrides all other laws," Tucker said after the verdict.

"Shopping malls and supermarkets have no right to come up to you - and
without reasonable or probable grounds - order you to leave. And then beat
you up because you don't go running to the door immediately because you
want to finish your transaction."

With their long, grey beards and colourful hemp-woven hats, the pair are
well-known advocates for the legalization of marijuana, which they use as a
church sacrament. On the day in question, they were attracting more
attention than usual because they were sporting red-and-white top hats
emblazoned with the Canadian flag.

The six-member jury spent two days deliberating before coming up with
answers to 21 questions put to them by Justice Thomas Lofchik.

From their answers, the jury appeared to find that Tucker and Baldasaro
both refused to leave when asked and that their arrests, therefore, were
legally justified under the Trespass to Property Act.

However, the jury found the guards used more force than necessary in
arresting Tucker and that he suffered physical injuries as a result.

The plaintiffs were seeking millions of dollars in damages and so Tucker's
$15,000 award represented a relatively small victory.

Baldasaro said he will appeal the dismissal of his claim and also challenge
the constitutional validity of the Trespass to Property Act.

Although he denies campaigning on the day of his arrest, Baldasaro argues
it would have been legally permissible in any event under the Canada
Elections Act.