Medical pot backer admits to grow op - Pleads guilty after judge allows drug evidence
By: Mike McIntyre, Winnipeg Free Press (CN MB), 10-09-04

A medical marijuana crusader pleaded guilty yesterday to running a grow operation after a judge rejected his claim that Winnipeg police violated his rights by searching his home. Chris Buors, 46, lost his only chance at victory when Queen's Bench Justice Alan MacInnes ruled the drug evidence could be submitted at his trial. Defence lawyer Bonnie MacDonald had argued this week police conducted an illegal, warrantless search that began when Buors was the victim of a home invasion.

Three crowbar-wielding masked men broke into his North End home and stole electronics. The break-in was reported to police by a neighbour who heard glass breaking.

Buors told the attending officers, "I don't think I want you to come in here." But Sgt. Frank May testified this week he had no choice other than to enter the home.

May said he was worried the suspects might still be inside, there could be other victims or even that Buors may have been involved. Buors was not injured in the break-in.

"He was trying to make sure Mr. Buors was safe and evidence was preserved," said Crown attorney Ian Mahon.

MacDonald said a citizen's expectation of privacy is extremely high and "a person's home should be their castle." She argued May didn't do enough investigative work before entering her client's home. "He didn't just have one set of people in his home that he didn't want (the home invaders), he had two (the police)," she said.

While inside, May discovered 26 marijuana plants and hydroponic equipment valued at $2,500.

Police charged Buors with cultivation and possession of marijuana for the purpose of trafficking.

MacInnes defended the police actions and said his written reasons for backing them will come next week.

"You're trying to dissect with a fine-tooth comb decisions which get made by police in a split second. It's always easy to do that in the safety of a courtroom," he said.

Buors changed his plea to guilty once the drug evidence was allowed in. He remains free on bail and will be sentenced Oct. 29. The trial was delayed earlier this week because one of the police officers involved in the August 2002 investigation couldn't find his notes.

Mahon said extensive efforts to locate the missing documents have failed, which resulted in Buors filing a motion for a stay of proceedings. MacInnes rejected the motion yesterday.