Pubdate: Thu, 6 Nov 2008 Source: Calgary Sun, The (CN AB) Copyright: 2008 The Calgary Sun Contact: http://www.calgarysun.com/ Details: http://www.mapinc.org/media/67 Author: Kevin Martin, Sun Media Bookmark: http://www.mapinc.org/grant.htm (Krieger, Grant) Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada) COURT DENIES ACTIVIST'S POT APPEAL Marijuana crusader Grant Krieger can't "piggy back" on the Charter rights of sick people to have access to medicinal pot, Alberta's top court ruled yesterday. A three-member Alberta Court of Appeal panel rejected submissions by defence lawyer John Hooker that Krieger should be given a constitutional exemption to Canada's trafficking laws. Hooker argued patients to whom Krieger supplied marijuana were entitled to get it, but the government hadn't created a suitable scheme for them to obtain it. Krieger readily admitted providing the drugs, through his Compassion Club, to sick individuals who couldn't get doctors to approve marijuana prescriptions. "It's extremely difficult for the members of the Compassion Club, the ill people ... to get their prescriptions," said Hooker. "He's trying to help extremely ill people and the government has blocked that," the lawyer said. He said doctors are reluctant to provide patients with the necessary paperwork to get government approval for marijuana prescriptions. Hooker said like the case of Dr. Henry Morgentaler, who was acquitted of providing abortions when it was illegal to do so, Krieger was trying to right a legal wrong. "If there's a manifest unfairness, it's got to be fixed," he said. "We're trying to piggy back Mr. Krieger on the rights of his patients," Hooker said. But Justice Ronald Berger, in giving the court of appeal's unanimous ruling, said Krieger wasn't entitled to rely on the Charter rights of others to ignore the law. "The appellant ... alleges that those he supplies are disadvantaged and accordingly he, the supplier, is entitled to adjunct constitutional protection," Berger said. "That argument has to be rejected." - --- MAP posted-by: Richard Lake