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BRACEBRIDGE – A pot-smoking reverend's bid to have his drug possession charges dropped as unconstitutional was lost last week.
On Oct. 26 in Bracebridge court, Michel Ethier of Sturgeon Falls was found guilty of possession of more than 30 grams of marijuana.
The court heard that on Aug. 10, 2008, Ethier was pulled over for erratic driving on Hwy. 11 near the Cedar Lane entrance in Bracebridge. The arresting officer subsequently found marijuana on Ethier and in the trunk of the car totalling approximately one pound.
Ethier, who goes by the title Reverend Brother Ethier, has maintained that he is a member of the Church of the Universe and smoking marijuana is a scared sacrament.
In court last Tuesday, he argued that the possession charges were a violation of his rights under the Canadian Charter of Rights and Freedoms. The dreadlocked and bearded defendant argued that previous court rulings have made the current prohibition of marijuana invalid and unenforceable.
Ethier also claimed he had a medical exemption for marijuana use, but Judge George Beatty dismissed the argument and said that although Ethier may have an exemption now, there is no record that he did at the time of his arrest.
Ethier said the evidence given by the OPP regarding his arrest was all "hearsay," as the police had no legal right to pull him over in the first place.
Crown attorney Steve White said the officer observed Ethier swerving in his car, which was enough cause to pull Ethier over on suspicion of impaired driving.
Judge Beatty accepted the Crown's argument.
"I understand your concerns about being allowed to proceed with your business without interference, but the police had the right to stop you," said Beatty.
Beatty found Ethier guilty, but commented that he found him to be a "sympathetic defendant."
The judge said he had been involved in similar cases regarding the decriminalization of marijuana in the past.
"It might not be a bad idea," said Beatty.
"It would be a good idea," replied Ethier.
White said he will seek incarceration for Ethier.
Judge Beatty put the case over until Dec. 9 so a presentence report can be prepared.
In June, Ethier had attempted to have his charges dismissed in Ontario Superior Court. He also argued at that time that court decisions made in the early 1990s have effectively made the current marijuana prohibition invalid.
The judge ultimately denied Ethier's request, calling it "frivolous."
Ethier had also filed an appeal with the Federal Court of Appeals that claimed marijuana possession is not a crime when used for religious purposes.
That appeal was ultimately dropped after Ethier did not respond to a request for a status review.
NewsHawk: MedicalNeed:420 MAGAZINE
Source:cottagecountrynow.ca
Author: Matt Driscoll
Contact: Contact Metroland North Media Group
Copyright: Metroland 2010
Website:CottageCountryNow Article:
On Oct. 26 in Bracebridge court, Michel Ethier of Sturgeon Falls was found guilty of possession of more than 30 grams of marijuana.
The court heard that on Aug. 10, 2008, Ethier was pulled over for erratic driving on Hwy. 11 near the Cedar Lane entrance in Bracebridge. The arresting officer subsequently found marijuana on Ethier and in the trunk of the car totalling approximately one pound.
Ethier, who goes by the title Reverend Brother Ethier, has maintained that he is a member of the Church of the Universe and smoking marijuana is a scared sacrament.
In court last Tuesday, he argued that the possession charges were a violation of his rights under the Canadian Charter of Rights and Freedoms. The dreadlocked and bearded defendant argued that previous court rulings have made the current prohibition of marijuana invalid and unenforceable.
Ethier also claimed he had a medical exemption for marijuana use, but Judge George Beatty dismissed the argument and said that although Ethier may have an exemption now, there is no record that he did at the time of his arrest.
Ethier said the evidence given by the OPP regarding his arrest was all "hearsay," as the police had no legal right to pull him over in the first place.
Crown attorney Steve White said the officer observed Ethier swerving in his car, which was enough cause to pull Ethier over on suspicion of impaired driving.
Judge Beatty accepted the Crown's argument.
"I understand your concerns about being allowed to proceed with your business without interference, but the police had the right to stop you," said Beatty.
Beatty found Ethier guilty, but commented that he found him to be a "sympathetic defendant."
The judge said he had been involved in similar cases regarding the decriminalization of marijuana in the past.
"It might not be a bad idea," said Beatty.
"It would be a good idea," replied Ethier.
White said he will seek incarceration for Ethier.
Judge Beatty put the case over until Dec. 9 so a presentence report can be prepared.
In June, Ethier had attempted to have his charges dismissed in Ontario Superior Court. He also argued at that time that court decisions made in the early 1990s have effectively made the current marijuana prohibition invalid.
The judge ultimately denied Ethier's request, calling it "frivolous."
Ethier had also filed an appeal with the Federal Court of Appeals that claimed marijuana possession is not a crime when used for religious purposes.
That appeal was ultimately dropped after Ethier did not respond to a request for a status review.
NewsHawk: MedicalNeed:420 MAGAZINE
Source:cottagecountrynow.ca
Author: Matt Driscoll
Contact: Contact Metroland North Media Group
Copyright: Metroland 2010
Website:CottageCountryNow Article:
