blueskyahead
09-02-2005, 10:29 AM
Supreme Court of Canada case #29569
Cannabis is LEGAL!!
Introduction
Her Majesty The Queen v. Grant Wayne Krieger
Supreme Court of Canada case #29569
Applicant’s Memorandum Application for Leave to Appeal
I have had the Crown counsel’s memorandum for about a year and a half. It is a PDF file, which is great for storing and printing, but I don’t know how to post it or host it. Someone else wrote out Tab7 so I figured I could do the rest.
This is a medicinal cannabis case that went all the way to the Supreme Court of Canada. Every lawyer I talk to seems to think that s.7(1) of the CDSA is of no force or effect, therefore, making cannabis legal. If I am wrong please explain why.
I have included a table of contents. That way when you’re reading it and they refer to the various Tabs you’ll know what they’re talking about.
TABLE OF CONTENTS
Tab1 Application for Leave to Appeal (May 16, 2003)
Tab2 Krieger’s Indictment (September 29, 1999)
Tab3 Voir Dire ruling (Acton J.) (December 11, 2000)
Link to TAB3 http://www.treatingyourself.com/vbulletin/showthread.php?t=4611
Tab4 Formal Order (O’Leary J.A.) (November 28, 2001)
Link to TAB4 http://www.treatingyourself.com/vbulletin/showthread.php?t=4612
Tab5 Reasons for Judgment (Alta. C.A.) (March 28, 2003)
Link to TAB5 http://www.treatingyourself.com/vbulletin/showthread.php?t=4614
Tab6 Formal Order (Alta. C.A.) (December 4, 2002)
Link to TAB6 http://www.treatingyourself.com/vbulletin/showthread.php?t=4615
Tab7 Memorandum of Argument (May 16, 2003)
Link to TAB7 http://www.treatingyourself.com/vbulletin/showthread.php?t=4617
Tab8 R v. Parker (2000), 146 C.C.C. (3d) 191 (Ont. C.A.)
Link to TAB8 http://www.treatingyourself.com/vbulletin/showthread.php?t=4618
I have posted Tabs 3, 5, 6 and 7 and links to Tabs 4 and 8. Finally there is a link to the two Hitzig cases. (I don’t think Hitzig applies in this case except to point out and reinforce the unconstitutionality of MMAR.)
The way I interpret this case is quite simple:
1) December 11, 2000 Judge Acton’s voir dire ruling strikes down s.7(1) of CDSA. Judge Acton stays her order for one year.
2) November 28, 2001 Judge O’Leary extends the stay until “further order of this Court.”
3) December 4, 2002 Court of Appeal upholds the voir dire ruling that strikes down s.7(1) of CDSA.
4) May 16, 2003 Crown’s memorandum admits that if the order is vacated the law is of no force or effect in Alberta.
5) December 23, 2003 Supreme Court of Canada dismisses application for Leave to Appeal.
6) December 23, 2003 Judge Acton’s voir dire ruling takes effect.
“Simple” as that! S.7(1) and by implication s.4(1) have been struck down. Cannabis cultivation and possession are legal in Canada. If you have a different interpretation, please explain.
I can email you all 8 Tabs plus the SCC Docket. Just PM me your email address.
Btw, CDSA s.4(1) is possession. s.7(1) is cultivation. s.5(2) is trafficking.
Here are a few links here in BC and Alberta that might help in getting a legal interpretation. Beware of lawyers who make a living off prohibition. They will tell you that all this case implies is that person can put forward a medical necessity defense.
Low cost and free legal services in BC. A pretty good list. I haven’t used them all. I don’t know if they are all helpful.
http://www.cba.org/BC/public_media/lawyers/430.aspx
List of links from the Law Society of Alberta. Some are for free or low cost advice, some are just information. Maybe someone can figure out how to file an application to vacate the suspension order of O'Leary J.A.
http://www.lawsocietyalberta.com/links/albertaSites.cfm
A lot of people live in Ontario. Here is a link to some services available. Is it my imagination or are there very few free services available in Ontario?
http://www.probononet.on.ca/links.cfm
Here is a link to John Turmel’s motion to quash cultivation charges. He uses the Krieger case as his foundation.
http://health.groups.yahoo.com/group/MedPo...ss/message/9667
Link to Hitzig cases.
Hitzig(1). January 2003 Ontario Superior Court of Justice.
Lederman J.
Docket: 02-CV-230401CM1; 02-CV-226629CM1; 573/2002
http://www.canlii.org/on/cas/onsc/2003/2003onsc10018.html
Hitzig(2). October 2003 Court of Appeal for Ontario
Doherty, Goudge And Simmons JJ.A
Docket: C39532; C39738; C39740
http://www.ontariocourts.on.ca/decisions/2...itzigC39532.htm
Cannabis is LEGAL!!
Introduction
Her Majesty The Queen v. Grant Wayne Krieger
Supreme Court of Canada case #29569
Applicant’s Memorandum Application for Leave to Appeal
I have had the Crown counsel’s memorandum for about a year and a half. It is a PDF file, which is great for storing and printing, but I don’t know how to post it or host it. Someone else wrote out Tab7 so I figured I could do the rest.
This is a medicinal cannabis case that went all the way to the Supreme Court of Canada. Every lawyer I talk to seems to think that s.7(1) of the CDSA is of no force or effect, therefore, making cannabis legal. If I am wrong please explain why.
I have included a table of contents. That way when you’re reading it and they refer to the various Tabs you’ll know what they’re talking about.
TABLE OF CONTENTS
Tab1 Application for Leave to Appeal (May 16, 2003)
Tab2 Krieger’s Indictment (September 29, 1999)
Tab3 Voir Dire ruling (Acton J.) (December 11, 2000)
Link to TAB3 http://www.treatingyourself.com/vbulletin/showthread.php?t=4611
Tab4 Formal Order (O’Leary J.A.) (November 28, 2001)
Link to TAB4 http://www.treatingyourself.com/vbulletin/showthread.php?t=4612
Tab5 Reasons for Judgment (Alta. C.A.) (March 28, 2003)
Link to TAB5 http://www.treatingyourself.com/vbulletin/showthread.php?t=4614
Tab6 Formal Order (Alta. C.A.) (December 4, 2002)
Link to TAB6 http://www.treatingyourself.com/vbulletin/showthread.php?t=4615
Tab7 Memorandum of Argument (May 16, 2003)
Link to TAB7 http://www.treatingyourself.com/vbulletin/showthread.php?t=4617
Tab8 R v. Parker (2000), 146 C.C.C. (3d) 191 (Ont. C.A.)
Link to TAB8 http://www.treatingyourself.com/vbulletin/showthread.php?t=4618
I have posted Tabs 3, 5, 6 and 7 and links to Tabs 4 and 8. Finally there is a link to the two Hitzig cases. (I don’t think Hitzig applies in this case except to point out and reinforce the unconstitutionality of MMAR.)
The way I interpret this case is quite simple:
1) December 11, 2000 Judge Acton’s voir dire ruling strikes down s.7(1) of CDSA. Judge Acton stays her order for one year.
2) November 28, 2001 Judge O’Leary extends the stay until “further order of this Court.”
3) December 4, 2002 Court of Appeal upholds the voir dire ruling that strikes down s.7(1) of CDSA.
4) May 16, 2003 Crown’s memorandum admits that if the order is vacated the law is of no force or effect in Alberta.
5) December 23, 2003 Supreme Court of Canada dismisses application for Leave to Appeal.
6) December 23, 2003 Judge Acton’s voir dire ruling takes effect.
“Simple” as that! S.7(1) and by implication s.4(1) have been struck down. Cannabis cultivation and possession are legal in Canada. If you have a different interpretation, please explain.
I can email you all 8 Tabs plus the SCC Docket. Just PM me your email address.
Btw, CDSA s.4(1) is possession. s.7(1) is cultivation. s.5(2) is trafficking.
Here are a few links here in BC and Alberta that might help in getting a legal interpretation. Beware of lawyers who make a living off prohibition. They will tell you that all this case implies is that person can put forward a medical necessity defense.
Low cost and free legal services in BC. A pretty good list. I haven’t used them all. I don’t know if they are all helpful.
http://www.cba.org/BC/public_media/lawyers/430.aspx
List of links from the Law Society of Alberta. Some are for free or low cost advice, some are just information. Maybe someone can figure out how to file an application to vacate the suspension order of O'Leary J.A.
http://www.lawsocietyalberta.com/links/albertaSites.cfm
A lot of people live in Ontario. Here is a link to some services available. Is it my imagination or are there very few free services available in Ontario?
http://www.probononet.on.ca/links.cfm
Here is a link to John Turmel’s motion to quash cultivation charges. He uses the Krieger case as his foundation.
http://health.groups.yahoo.com/group/MedPo...ss/message/9667
Link to Hitzig cases.
Hitzig(1). January 2003 Ontario Superior Court of Justice.
Lederman J.
Docket: 02-CV-230401CM1; 02-CV-226629CM1; 573/2002
http://www.canlii.org/on/cas/onsc/2003/2003onsc10018.html
Hitzig(2). October 2003 Court of Appeal for Ontario
Doherty, Goudge And Simmons JJ.A
Docket: C39532; C39738; C39740
http://www.ontariocourts.on.ca/decisions/2...itzigC39532.htm