Pubdate: Tue, 25 Sep 2012
Source: Sudbury Star (CN ON)
Copyright: 2012 Osprey Media
Contact: http://www.thesudburystar.com/letters
Website: http://www.thesudburystar.com
Details: http://www.mapinc.org/media/608
Author: Harold Carmichael

WARRANT RESCINDED FOR POT SMOKER

It turns out Jamy McKenzie is not a wanted man anymore.

But he was for a brief period late Wednesday and into Thursday morning.

While a bench warrant was issued Wednesday for McKenzie, who was 
scheduled to appear in the Ontario Court of Justice to set a return 
date for his simple possession of marijuana charge laid in early 
August, it was rescinded Thursday through the work of his lawyer, 
John Recoskie.

McKenzie did not appear Wednesday due to medical reasons. His next 
court appearance is this Wednesday, again in the Ontario Court of Justice.

McKenzie told The Sudbury Star on Monday that Recoskie is requesting 
full disclosure from the Crown and it has not yet been provided. He 
also said he has filed a notice with the mayor's office in order to 
keep his options open to pursue civil and human rights charges 
against the city, Greater Sudbury Police, and Greater Sudbury 
Emergency Services ambulance attendants.

McKenzie, 27, was charged Aug. 10 for the lighting of a marijuana 
cigarette on the grounds of the Sudbury Courthouse.

The charge was laid during a break in the sentencing hearing of a 
friend, David Sylvestre, who had pleaded guilty to production of a 
controlled substance (marijuana and cannabis resin).

McKenzie lit up a joint of marijuana outside the Sudbury Courthouse.

McKenzie has said he has a permit to smoke marijuana for medical 
purposes to ease conditions that include metabolic myopathy, liver 
failure, and cystic fibrosis. He has also said he had a liver 
transplant six months ago.

McKenzie, who attended court Sept. 5, said in an interview he was not 
happy with the decision by the province's Special Investigations Unit 
to stop its investigation into his complaint he was roughed up by 
Greater Sudbury Police officers.

McKenzie, who said he was injured during the arrest, said he was 
waiting for more information before he would contact the SIU and ask 
that the complaint be reopened. McKenzie said his fifth and sixth 
ribs on his right side were broken in the incident and he was still 
waiting for tests to be conducted on his hernia.

The SIU investigates incidents in which members of the public are 
seriously hurt or killed and police are involved.

In a news release, the SIU said a preliminary investigation showed 
McKenzie did not sustain serious injuries.

"I don't understand why I got charged in the first place," McKenzie 
said on Sept. 5. "I plan on using my right to stand trial."
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MAP posted-by: Jay Bergstrom