Pubdate: Mon, 07 Feb 2011
Source: Toronto Star (CN ON)
Copyright: 2011 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Peter Small

POT-SMOKING CHURCH MEMBERS VOW TO CARRY ON

Pot-smoking Church of the Universe members say a judge's ruling
upholding Canada's marijuana-control laws won't affect the way they
commune with God.

"It changes nothing. They raided one church," Rev. Brother Davin
Christensen, 33, said Monday afternoon before he lit a large marijuana
vaporizer at Vapor Central lounge on Yonge St.

Ontario Superior Court Justice Thea Herman ruled Monday that Canada's
laws against growing, smoking and selling marijuana are not
unconstitutional, despite arguments from two accused church members.

On Oct. 25, 2006, police charged Rev. Brother Peter Styrsky, 53, and
Rev. Brother Shahrooz Kharaghani, 32, with trafficking in marijuana
and hashish after raiding their church -- Beaches Mission of God -- on
Queen St. E.

But their lawyers, Paul Lewin and George Filipovic, argued that the
cannabis plant is sacred to the men's religion, the Assembly of the
Church of the Universe, which claims about 35 active ministers and
4,000 members across Canada.

They asked Herman to rule that Canada's Controlled Drugs and
Substances Act has no force or effect with regards to cannabis because
it infringes on their freedom of religion.

In her 66-page judgment, Herman agreed that laws against pot
possession -- though not trafficking -- limited the two men's freedom
of religion, but she nonetheless dismissed their motion.

"The applicants have established that their use of cannabis was, at
least in part, related to a sincerely held religious belief," Herman
said.

But she also found that the laws controlling the plant's use meet a
"pressing and substantive" goal: "The avoidance of harm to Canadians,
in particular, the avoidance of harm to vulnerable
individuals."

There is no reasonable way to allow for the use of cannabis for
religious purposes, Herman wrote. "It is difficult, if not impossible
for an outsider to identify the religious user . . . because religious
use is barely distinguishable from recreational use."

Church members, some openly smoking pot outside the University Ave.
courthouse, said they were disappointed with the ruling but will carry
on using cannabis as a sacrament.

"We're going to continue what we do," Christensen said.

"Peace and love," said Styrsky, who did not join others in lighting up
after the ruling.

The man who got 945 votes in Toronto's 2006 mayoral race said his
church would carry on, though he was not sure in what form. The
married father of four said his immediate plans are to open a cafe at
his Queen St. home, where the raided church once stood.

"We are considering an appeal," he added.

Kharaghani's lawyer said his client won't give up practicing his
religion, even if it means a lifetime of being in and out of jail.

"As with many truly religious people there is no Plan B," Filipovic
said. "This is it for him for the rest of his life."

Federal prosecutors Donna Polgar and Nicholas Devlin said outside
court that the judge was very clear that our cannabis laws are
constitutional.

"The question of whether it should be illegal or not remains one for
Parliament," Devlin added.

It is the third time church members have raised religious Charter of
Rights issues in defence of their cannabis use, but this is the
fullest airing yet of the question.

Styrsky and Kharaghani are back in court Feb. 25, where they could
face a jury trial on the charges.
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MAP posted-by: Matt