Pubdate: Sat, 01 Mar 2014
Source: St. Albert Gazette (CN AB)
Copyright: 2014 Great West Newspapers
Contact: http://www.stalbertgazette.com/section/sag0999
Website: http://www.stalbertgazette.com/
Details: http://www.mapinc.org/media/2919
Author: Victoria Paterson
Bookmark: http://www.mapinc.org/find?228 (Paraphernalia)

CITY BONG SHOP RULES UPHELD

Alberta's Highest Court Says Bylaw Amendments Were Valid

The Alberta Court of Appeal has upheld the validity of St. Albert's 
bylaw amendments that were aimed at restricting the sale of items 
associated with drug consumption.

On Thursday, a judgment from three Court of Appeal justices was 
released and upheld the city's amendments to its business license 
bylaw that restrict the sale of combinations of certain products.

Under the amendments, businesses that were not otherwise exempted 
could not sell a combination of three or more restricted products, a 
list which includes pipes, bongs and vaporizers, products displaying 
a marijuana plant, grinders, a type of digital weigh scale or 
products marketed for masking drug effects.

The city appealed a December 2012 decision by Justice T.D. Clackson 
that struck down those amendments after they were challenged in court 
by Ronald Smith, a consultant for The Chad Smoke Shop 420.

The local St. Albert store had been hit with a violation ticket and a 
business license suspension after the bylaw passed.

At the time, Clackson said the amendments were outside of the city's 
jurisdiction because they were attempting to be criminal law, which 
is within the realm of the federal government.

The trio of appeal judges - Justice Jean Cote, Justice Barbara Lea 
Velduis and Justice Doreen Sulyma - disagreed, stating in the written 
decision that the bylaw provisions fall under both federal and 
provincial jurisdiction.

"In our view, the federal and provincial aspects of the Bylaw are of 
roughly equivalent importance," the decision says.

"We are pleased that the court recognized that the city does have the 
jurisdiction to regulate these kind of matters," said city solicitor 
Gene Klenke.

Klenke said the provincial jurisdiction is delegated to the city by 
the province.

"They found in our favour despite the overlap," he said.

The city is still considering the implications of the decision before 
moving forward on enforcement, Klenke said.

"With the appeal process, the potential of appeal, we're not sure 
about enforcement at this point," he said, pointing out the 
plaintiffs could apply for leave to appeal at the Supreme Court level.

"That's one of their options," he said.

Smith's counsel Aleksandra Simic did not respond to a request for 
comment by the Gazette's deadline. Personnel at the local Chad Smoke 
Shop were unsure how to contact Smith directly. Calls to the 
company's warehouse went unanswered.

Mayor Nolan Crouse said the pursuit of the appeal has been "non-political."

"This was an administrative decision," he said, adding all council 
did was pass the bylaw in 2012.
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MAP posted-by: Jay Bergstrom