Krieger taking cannabis crusade to Supreme Court
By: Daryl Slade, Calgary Herald (CN AB), 04-26-05


Calgary pot crusader Grant Krieger, challenging his conviction for possession of marijuana for the purpose of trafficking, is taking the case to the Supreme Court of Canada.

Krieger, 50, who suffers from multiple sclerosis and uses cannabis butter to ease the pain, lost a 2-1 split decision Monday in the Alberta Court of Appeal. He had been convicted in December 2003 for possessing 29 pot plants.

Justices Jean Cote and Ellen Picard upheld the conviction because they felt even though Queen's Bench Justice Paul Chrumka erred in ordering the jury to convict, they agreed with Crown prosecutor Jolaine Antonio that a new trial on that evidence would result in the same verdict.

Chief Justice Catherine Fraser dissented, however, agreeing with defence lawyer John Hooker. Fraser said she would have ordered a new trial because it was not a curable error.

"The judge (Chrumka) had ordered the jury to find me guilty, with no other options," Krieger said outside court. "Justice Chrumka made a mistake and it was acknowledged by Justice Fraser.

Krieger, who runs a "compassion club" and provides pot to others who use it for medicinal reasons, has always admitted the plants found in his Calgary house in 1999 were his own.

But Krieger, who has attained a degree of notoriety for fighting the country's drug laws, thinks the law is wrong.

Krieger said he will meet with his lawyer on Monday to discuss having Legal Aid finance his trip to Ottawa.

© 2005 H.U.M.A.N.: Hemp Users Medical Access Network - Toronto Medical Marijuana