Pubdate: Fri, 27 Oct 2006 Source: Vancouver Sun (CN BC) Copyright: 2006 The Vancouver Sun Contact: http://www.canada.com/vancouver/vancouversun/ Details: http://www.mapinc.org/media/477 Author: Norma Greenaway, CanWest News Service MEDICAL POT ACTIVIST TO GET NEW TRIAL Supreme Court Quashes Alberta Conviction OTTAWA -- A medical marijuana crusader from Alberta will get a new trial on drug charges after the Supreme Court of Canada ruled unanimously Thursday the judge in his 2003 trial had reduced the jury's role to a "ceremonial" one. In a 7-0 judgment, the top court said Grant Krieger of Calgary was deprived of his "constitutional right" to a trial by jury when the judge in the case directed the jury to find the accused guilty of possession of marijuana for the purposes of trafficking. It quashed Krieger's conviction and ordered a new trial by jury. "The trial judge's direction was not a 'slip of the tongue,'" Justice Morris Fish wrote on behalf of the court. "His purpose and words were clear. In effect, the trial judge reduced the jury's role to a ceremonial one." Krieger, who uses marijuana to help cope with multiple sclerosis, said he was overjoyed by the ruling and prospect of a new trial, and is confident a "jury of his peers" will find him not guilty. Krieger, 51, was charged in 1999 after police seized 29 marijuana plants from his Calgary home. A jury acquitted him after a 2001 trial, but the verdict was quashed by the Alberta Court of Appeal. In 2003 Krieger was tried again. He confessed to providing marijuana to others in medical need, but defended his actions on grounds he had no choice other than to break the law to ensure a reliable supply of pot for patients who have a federal exemption for marijuana use. Before leaving the courtroom, the judge directed jurors to convict, and said they were "bound to abide by that direction." He rejected two jurors' requests to be excused on religious grounds and grounds of conscience. The jury subsequently returned with a guilty verdict - -- upheld in the Alberta Court of Appeal. - --- MAP posted-by: Elaine