Pubdate: Fri, 28 Feb 2014
Source: Edmonton Journal (CN AB)
Copyright: 2014 The Edmonton Journal
Contact: 
http://www.edmontonjournal.com/opinion/letters/letters-to-the-editor.html
Website: http://www.edmontonjournal.com/
Details: http://www.mapinc.org/media/134
Author: Alexandra Zabjek
Bookmark: http://www.mapinc.org/find?228 (Paraphernalia)

COURT BACKS DRUG PARAPHERNALIA BYLAW

St. Albert's Move to Restrict Sales Upheld by the Court of Appeal

The City of St. Albert has scored a victory in its bid to restrict 
the sale of drug paraphernalia through a municipal bylaw.

Alberta's top court on Thursday upheld a 2012 bylaw which prohibits 
St. Albert businesses from displaying or selling more than two 
products from a list of banned items, including pipes, marijuana 
grinders or products displaying an image of a marijuana leaf.

Shortly after the bylaw amendment was passed in 2012, city officials 
inspected the Chad Smoke Shop 420, ticketed the store for a 
violation, and moved to suspend its business licence for five days.

About three stores in St. Albert were selling such items at the time.

Ronald Smith, a consultant for the Chad Smoke Shop, challenged the amendment.

In a written decision last January, a Court of Queen's Bench judge 
said the amendment to the business licence by law "must be struck 
down" because the legislation fell outside the jurisdiction of the 
municipality by wading into criminal legislation - federal 
jurisdiction - and had the "look and feel" of morality legislation.

In a unanimous ruling, the three members of the Alberta Court of 
Appeal stated, "the general scheme of the bylaw and the amendments 
lead us to conclude the bylaw is concerned with developing and 
maintaining safe and viable communities through the regulation of business."

The court found there were federal and provincial aspects to the 
bylaw, with each being of roughly equal importance, which made the 
bylaw an appropriate municipal piece of legislation since, legally, 
municipalities are under the delegation of the province.

"I think it's important for cities because a lot of issues in 
municipalities have some aspect of criminal law to them," said Scott 
McAnsh, who acted on behalf of the City of St. Albert.

"So decisions like this make it clear in law that municipalities can 
regulate criminal-like aspects as long as their bylaws are rooted in 
a provincial head of power."

He also noted the appeal court appeared to latch on to arguments that 
the bylaw is part of a licensing regime, which is clearly under 
provincial jurisdiction.

The Chad Smoke Shop did not return calls for comment.

Edmonton Coun. Ben Henderson said city council discussed the idea of 
a similar bylaw for Edmonton some years back, but eventually decided 
to leave it alone.

"My recollection is that it was hard to come up with a law that would 
distinguish one use of a product from another use," Henderson said. 
"We were also not sure what the benefit would be.

"It was hard to identify what exactly we were protecting ourselves from."

Henderson said that it's possible the court decision could prompt 
someone to raise the idea again in Edmonton, though he has no plans 
to revisit the issue.

"I think we have bigger things to worry about," he said.

McAnsh said he does not know if the company will seek leave to appeal 
the decision to the Supreme Court of Canada.

"Generally, we're pleased the court found we have the jurisdiction to 
regulate in this manner," said Gene Klenke, the city's solicitor.

The bylaw was drafted following a request to administration by council.

- - with files from Keith Gerein
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MAP posted-by: Jay Bergstrom