Pubdate: Sat, 04 Sep 2004
Source: Abbotsford News (CN BC)
Copyright: 2004 Hacker Press Ltd.
Contact:  http://www.abbynews.com/
Details: http://www.mapinc.org/media/1155
Author: Cheryl Wierda
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

BOYER TAKES ON ABBOTSFORD POLICE

A marijuana party candidate from this summer's federal election is taking 
on the Abbotsford Police after they took down an Abbotsford grow operation 
that was to supply medical marijuana at a Vancouver compassion club.

Marc Boyer, the Vancouver east candidate for the Marijuana Party, is trying 
to get the police to return his growing equipment and compensate him for 
the lost marijuana that were taken when police took down the Country Lane 
grow operation on July 5.

An application to find police in violation of a section of the criminal 
code for refusing to return the property failed on Thursday, but Boyer vows 
to continue to fight, claiming he has a fiduciary right to the equipment.

"We will proceed from here," he said.

Boyer said a previous Supreme Court decision recognized compassion clubs, 
and because the Abbotsford marijuana crop was going to the compassion club, 
it was protected.

As well, he said the Election Act allows a political party to support what 
they promote, and that act supersedes the controlled drugs and substances act.

Abbotsford Police Chief Ian Mackenzie finds that logic "absurd" and said he 
is not aware that Boyer has a sanctioned grow operation, pointing to a lack 
of a Health Canada licence.

"As far as we know, he doesn't have a licence for anything," said Mackenzie.

Boyer also claims theft by police because they took down the grow operation 
without a search warrant.

However, Mackenzie said the occupant of the house consented to the search.

Boyer is seeking the return of 12 lights, as well as ballasts and supports, 
and $100,000 for the lost crop.

To date, no charges have been sworn in the case.
- ---
MAP posted-by: Jo-D