T E S T   C A S E S Regina v. Caine Archive This was a constitutional charter challenge on behalf of Victor Eugene Caine (aka Randy Caine) conducted by Conroy & Company. The challenge asserted that Parliament's creation of the offence of simple possession of marijuana pursuant to the Narcotic Control Act or the Controlled Drugs and Substances Act was unconstitutional in that it violated Mr. Caine's rights under s.7 of the Canadian Charter of Rights and Freedoms. The case was heard together with R. v. Malmo-Levine, another case from British Columbia involving possession of marijuana for the purpose of trafficking, and R. v. Clay, a cultivation and possession case from Ontario.  Supreme Court of Canada Decision (December 23, 2003) Renee Boje Archive Renee Boje was charged with others in the Todd McCormick marijuana cultivation case in Bel Air, California. While initially arrested and processed, the charges were then dropped against her and on the advice of counsel, she came to Canada. There she was found in a medical marijuana grow operation for the BC Compassion Club Society. While initially charged with that, along with others, the charges were dropped. The US then reinitiated the charges against her and extradition was sought. She asserted that she was a victim of the US War on Drugs. With the assistance of Conroy & Company, she fought extradition proceedings and sought refugee status in Canada. Ultimately, she was ordered surrendered to the US in the judicial phase and in the political phase by the Minister of Justice. Appeals were pending in the British Columbia Court of Appeal in relation to both decisions when counsel for Ms. Boje was approached by the US Department of Justice seeking to resolve the matter. In the result, Ms. Boje travelled to California and pled guilty to possession of marijuana under 30 grams and was sentenced to one year's probation. She is only required to report if she is in the US and then within 90 days of her attendance there. She was allowed to return to Canada and was not required to report while she is in Canada. She is now able to be in Canada and the US, and once she completes her period of probation, that will end the matter. She was on bail here in Canada for approximately seven years. Winters v. Legal Services Society Archive This is a prison justice case taken to compel the Legal Services Society of British Columbia to provide Legal Aid coverage for prisoners facing disciplinary proceedings in the federal prisons. In its decision on May 8, 1999, the Supreme Court of Canada ruled that prisoners in Federal institutions facing Disciplinary Court charges that might lead to their detention on solitary confinement were entitled to legal services funded by the Legal Services Society of British Columbia.  Supreme Court of Canada Decision (September 15, 1999) R. v. Richardson BC pot middleman Marc Richardson was arrested transporting over 3 kg of cannabis destined for the BC Compassion Club Society; police also seized $6,000 cash. His Honour Judge J. B. Paradis, while convicting Mr. Richardson of possession for the purposes of trafficking nevertheless, because of these circumstances, sentenced him to the minimum penalty of a suspended sentence subject to 6 months probation. He also refused to order the forfeiture of the monies seized so they will be ultimately returned to the B.C. Compassion Club Society and in a judgment that was the first of its kind in Canada, Justice Jane Godfrey granted him a discharge because the marijuana was destined for the BC Compassion Club Society.  Reasons for Sentence (January 26, 2000)  Court of Appeal Decision (May 3, 2001) R. v. Czolowski Glaucoma sufferer Stanely Czolowski was charged with producing 3 kg of cannabis. He pled guilty but showed that it was for his own medical use in helping to reduce interoccular pressure and the side effects from the many other drugs he had to take. The evidence disclosed that some of the marijuana was destined for the BC Compassion Club Society. Her Honour Judge Jane Godfrey in the Provincial Court of British Columbia at Vancouver on July 14, 1998 granted him a conditional discharge subject to one year's probation with the only condition being that he keep the peace and be of good behaviour.  Proceedings at Sentence (July 14, 1998) R. v. Creswell Between 1993 and 1996, the RCMP conducted Operation "Eye Spy" by illegally setting up a currency exchange business in downtown Vancouver. As a result, Frederick Creswell, among others, was charged with money laundering. His lawyer, John Conroy, sought a declaration that the entire police operation was unlawful and amounted to an abuse of process that would tend to bring the administration of justice into disrepute. He sought exclusion of the evidence under section 24(2) of the Charter or a judicial stay of proceedings under section 24(1). The Court ruled that the entire operation was, indeed, illegal and ordered the Crown to produce the legal opinions and other information relied upon to justify their conduct. The Crown refused to disclose the material. The Court held that the Crown's conduct resulted in the presumption that Mr. Creswell's Constitutional rights had been violated but the Crown was neither willing nor capable or rebutting and judicially stayed the proceedings. The Crown immediately appealed. The Appeal was heard in the British Columbia Court of Appeal on April 17 & 18, 2000 and we are awaiting the decision. Three rulings from Hon. Madam Justice Humphries are available:  January 21, 1998  April 1, 1998  June 5, 1998