Pubdate: Wed, 23 May 2001
Source: Duncan News Leader (CN BC)
Copyright: 2001 Duncan News Leader
Contact:  http://www.duncannewsleader.com
Details: http://www.mapinc.org/media/1314
Author: Steven Addison

CHARGES DROPPED AGAINST RELIGIOUS DRUG USER

Charges were dropped against the Duncan man who claims to use
marijuana for religious reasons because the officer who found the dope
failed to follow due process.

Judge Anthony Palmer decided Friday a small amount of marijuana seized
from James Dure at a CounterAttack road block Aug. 16, 2000 could not
be used as evidence in court because it was obtained unlawfully.

"Mr. Dure was afforded absolutely none of his basic rights," ruled
Palmer.

Const Shawn Dinsdale of North Cowichan/ Duncan RCMP stopped Dure in
the early evening when he detected the odour of marijuana. A search of
a gym bag in the car turned up pot.

The problem, according to Palmer, is that Const. Dinsdale never
advised Dure he was under investigation for drug possession or that he
was being detained. The constable did not obtain a search warrant,
tell Dure he had the right to remain silent and contact a lawyer, and
did not tell Dure he was not obliged to hand over the gym bag.

The decision left Crown counsel Michael Coleman with no admissible
evidence and the charges were dropped.

Dure is a member of the Vancouver Island Compassion Club and uses pot
for medical reasons. He also believes it is his religious right, and
claims he can use drugs because scripture proves Jesus and Moses did
too.
- ---
MAP posted-by: Andrew