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   can.legal      Debating Canuck legal system quirks      10,932 messages   

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   Message 10,297 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Chris Enns Dispensary Charges Wi   
   18 Nov 17 03:01:02   
   
   From: johnturmel@yahoo.com   
      
   JCT: What great news.   
   https://globalnews.ca/news/3866947/halifax-cannabis-shop-owner-says-   
      
   charges-dropped-in-relation-to-three-raids/   
      
   Halifax cannabis shop owner says charges dropped in relation   
   to three raids   
   By Keith Doucette The Canadian Press   
      
   In a court hearing lasting just over one minute, the Crown   
   withdrew all charges against a Halifax marijuana advocate   
   stemming from a series of police raids at his medical cannabis   
   shop.   
      
   Chris Enns had planned Friday to launch a constitutional   
   challenge under Section 7 of the Canadian Charter of Rights   
   and Freedoms in Nova Scotia Supreme Court.   
      
   READ MORE: 'I was within the limits of my licence': Halifax   
   marijuana dispensary owner arrested, charged again   
      
   However, Crown attorney Jill Hartlen informed Justice Jamie   
   Campbell that the charges filed under the Controlled Drugs and   
   Substances Act were being withdrawn.   
      
   Enns' business, Farm Assist Cannabis Resource Centre, had been   
   raided as part of ongoing trafficking investigations in 2013,   
   2014 and 2015.   
      
   In an interview following the hearing, Hartlen said the   
   regulations around medical marijuana access had changed since   
   the charges were filed. She noted that the previous Marijuana   
   for Medical Purposes Regulations were struck down by the   
   courts.   
      
   "With all the factors at play, we just questioned the   
   continued public interest in defending against a regime that   
   had already been struck down by another court," said Hartlen.   
   She also referenced the new Access to Cannabis for Medical   
   Purposes Regulations. "That regime is not being commented upon   
   by our actions and that regime actually offers a lot more   
   points of access to medical users," Hartlen said.   
      
   Outside court, Enns expressed relief that the court process   
   had officially drawn to a close. "What a weight off my   
   shoulders," said Enns. "I look forward to really continuing to   
   help medical patients in Nova Scotia. I feel validated."   
      
   Enns, who had been told of the Crown's move ahead of the   
   hearing, revealed the decision hours earlier to a group of   
   about 30 placard waving supporters in front of the provincial   
   courthouse in downtown Halifax.   
      
   WATCH: Marijuana advocate Chris Enns arrested, facing charges   
   following traffic stop   
      
   He said the withdrawal of the charges amounted to validation   
   for medical cannabis users and for providers.   
      
   "This is a clear indication from the Crown that they believe   
   there is merit to what we are doing, and there is a lack of   
   merit to the charges that were before the court," he told the   
   gathering. "It's an exciting day in Nova Scotia."   
      
   During the hearing, Enns' Vancouver-based lawyer, Kirk Tousaw,   
   said via speaker phone that his client would be seeking the   
   return of items seized in the raids that weren't related to   
   the Controlled Drugs and Substances Act. The Crown said it   
   would co-operate. Enns said he is seeking the return of items   
   that include cash and laptops, along with patient and   
   accounting records.   
      
   JCT: Chris did file my Quash Motion so he is also seeking the   
   Return of the pot even though the article only mentions return   
   of non-pot seized. And they did cave before he could put his   
   witnesses on the stand. It would have been quite the show. All   
   the Crown said was that the regime had now changed and they   
   didn't want to argue over something dead being defective.   
      
   This should help Shawn Tedder's Toronto Dispensary charges   
   coming up Jan 29. The Quash and the Constitutional. Wonder   
   what the Crown is going to do.   
      
   It was a gruelling ordeal for Chris and his patients. Now to   
   wait to see if they'll try to come at him again.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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