An E-Mail Sent to the Bloc Quebicois referance S. David Frankel, Q.C.
Mood: Hopefull at least one Bloc Member understands this
Listening to: Much More Music MJ re-enactment
A copy of the Signed Frankel memo was placed in this gap on sent copy, a seperate copy is shown further below in the blog.
http://www.lexum.umontreal.ca/csc-scc/en/bul/2003/html/03-12-23.bul.html
29569 Her Majesty the Queen v. Grant Wayne Krieger (Crim.) (Alta.)
Coram: McLachlin C.J. and Major and Fish JJ.
The application for leave to appeal from the judgment of the Court of Appeal of Alberta
(Calgary), Numbers 01-00011-A and 01-00288-A, dated March 18, 2003, is dismissed.
NATURE OF THE CASE
Canadian Charter of Rights and Freedoms - Criminal law - Cannabis marihuana - Cultivation and trafficking - Accused cultivating cannabis marihuana for his own medical needs and supplying others as well - Trial judge finding that prohibition on production of cannabis marihuana infringing accused's s. 7 Charter rights and not saved by s. 1 - Whether the Court of Appeal erred in holding that s. 7 of the Charter guarantees the right to grow (and by implication, possess) marihuana, to anyone with a medical need for this drug - Whether the Court of Appeal erred in holding that, by reason of s. 7 of the Charter, to sustain the validity of the general prohibition on the production (and by implication, possession) of marihuana, the government of Canada is obliged to ensure a legal, safe, and reliable source and supply of this drug for anyone with a medical need for it - Controlled Drugs and Substances Act, S.C. 1996, c. 19, ss. 5(2), 7(1), 56.
PROCEDURAL HISTORY
December 11, 2000
Court of Queen's
Bench of Alberta
(Acton J.)
Section 7(1) of the Controlled Drugs and Substances Act, inasmuch as it relates to cannabis marihuana, declared inconsistent with the Charter; declaration suspended for one year; Respondent granted an exemption from the application of s. 7(1); charge stayed
December 4, 2002
Court of Appeal of Alberta
(Wittman, Costigan and
LoVecchio JJ.A.)
Acquittal on s. 5(2) set aside and new trial ordered; appeal with respect to s. 7(1) dismissed
Here we have Cultivation of Cannabis Appeal Dismissed by the Highest Court In Alberta and since one cannot cultivate without posessing, the s. 5(2) is moot as stated above. Oh yes, a Lower Court Judge CANNOT set aside a Higher Court Order as some Crown and government officials have mentioned, therefore the above Rv Krieger decision stands.
As an aside, Rv Parker nullified possesion
As an aside there can be no discrepancy in Federal Laws amongst Provinces. A Federal Law made void in one Province is automatically void in all Provinces as per Constitution.
