Pubdate: Wed, 30 May 2007
Source: Comox Valley Record (CN BC)
Copyright: 2007 Comox Valley Record
Contact:  http://www.comoxvalleyrecord.com/
Details: http://www.mapinc.org/media/784
Author: Jules S. Xavier
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

HIGH PRIEST OF POT CHALLENGES CANADA'S DRUG LAWS

The self-proclaimed high priest of pot will be back in  court next
month looking to strike down Canada's  marijuana laws.

Hornby Island resident Rev. Don Hogan will be at the  Courtenay
courthouse June 11 to 13 putting forth a  legal constitutional
challenge to the legality of the  Controlled Drugs and Substance Act.

This is not the first time Montreal-born Hogan has  challenged the
courts following an arrest for  possession of marijuana.

"At the same time it is also my intention to challenge  the validity
of Health Canada's application process for  access to medical
marijuana," said 56-year-old Hogan.

"Like millions of other members of Canada's cannabis  culture, I most
certainly want nothing except  self-respect and freedom from Canada's
draconian  marijuana prohibition."

Hogan was arrested in April 2005 and about two ounces  of medical
cannabis was seized by police. He was not  charged until months later.

"I feel that I am discriminated against by the police  because I have
been involved for over 30 years of my  life in actively promoting the
legalization of  marijuana," said Hogan.

In March 2006, Hogan applied to the court challenge  program for
funding for a constitutional test case  challenge which he believes to
be of national  significance. He did so because there are important
legal aspects involving not only the use of medical  hemp, cannabis or
marijuana, but non-medical and  recreational use as well.

"I strongly believe that this test case will advance  equality rights
as guaranteed under the Canadian  Charter of Rights and Freedoms for
all Canadians,"  noted Hogan.

While Canada's Court Challenges Program provided  funding for the
medical aspect of Hogan's  constitutional challenge a year ago, the
program has  been axed by Prime Minister Stephen Harper's government
before adequate funding could be secured to cover  Hogan's expense of
legal council.

"I am now struggling to create a winning legal strategy  to not only
establish my right to access medical  cannabis, but hopefully also at
the end of the day,  strike down Canada's marijuana laws," said Hogan.

"I say struggle due to lack of adequate legal  representation and what
I perceive as an 11th-hour  pre-trial tactic on the part of the Crown
to derail my  sound and rational constitutional challenge."

In court May 24, Hogan said the Crown complained that  he had not
served proper "notice of intent" regarding  his constitutional
challenge, which is being partially  funded by public tax dollars.

"It took the Crown almost two years to suddenly come to  that
realization?" asked Hogan.

Before returning to court in early June, Hogan said  he's working on
his case, conducting research via the  Internet of cases brought
before supreme courts in B.C.  and Ontario as well as the Supreme
Court of Canada.

Hogan contends that marijuana prohibition and the laws  governing it
constitutes more harm to society than  medical or non-medical and
recreational use of pot  does.
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MAP posted-by: Steve Heath