Pubdate: Thu, 17 Mar 2016
Source: Vancouver Sun (CN BC)
Copyright: 2016 Postmedia Network Inc.
Contact:  http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Kim Bolan
Page: A4

ANOTHER LEGAL BATTLE SPARKED BY POT BUSINESSMAN, MUNICIPALITY

Mary Jane's store doesn't have a business licence, mayor says

For the second time this year, the City of Abbotsford is going to
court to try to stop pot activist and businessman Don Briere from
operating a marijuana store in the Fraser Valley city.

Abbotsford applied to the B.C. Supreme Court on Tuesday for an
injunction to close Briere's Mary Jane's Glass and Gifts Ltd., which
opened last fall on South Fraser Way without a business licence.

The application also seeks a general order preventing Briere "from
operating an unlawful marijuana dispensary in the City of Abbotsford
either personally or through any corporation or society of which he is
a director, officer shareholder or member."

In January, B.C. Supreme Court Justice Paul Walker granted Abbotsford
an injunction against another pot store owned by Briere, which he has
closed.

Briere's lawyer will be in the B.C. Court of Appeal on Thursday to try
to get the earlier injunction set aside.

Briere said Wednesday that he doesn't understand why Abbotsford
continues to be so out of step with area residents who want his products.

"We have literally dozens and dozens and dozens of letters daily," he
said in an interview. "It is a humungous waste of tax resources really."

Abbotsford Mayor Henry Braun said the problem is simple - Briere is
operating without a business licence and in violation of city zoning.

"He is operating an illegal business," Braun said. "We have a duty to
uphold the laws of the federal government until such time as they
change. I don't have an issue with medical marijuana. =C2=85 Medical
marijuana is legal in Canada but you have to purchase the marijuana
from Health Canada and Mr. Briere isn't currently doing that."

Braun said he challenged Briere, when both were on a radio show, to
provide Abbotsford with information about his supplier

Braun said he told Briere: "If you are buying this from Health Canada,
maybe this isn't a big issue."

Briere told the Sun that he is prepared to provide Abbotsford with a
list of his growers.

"We would offer that list up," he said, adding that all his growers
are "licensed personal production people."

"We make sure taxes are paid on everything. We would open our books to
people to have a look at it."

Briere's website lists 14 stores across B.C. and three in
Ontario.

Briere said he hasn't yet been served with court papers in
Abbotsford's latest attempt to get an injunction.

The 12-page court document says Briere applied online twice for a
business licence for Mary Jane's last August, first stating the store
would be a "medical cannabis retailer." The second application made no
mention of pot, saying the business was for "retail sale of glass
products and gifts."

Abbotsford licence inspector Inder Litt emailed Briere Sept. 1 to get
clarification, but Briere didn't respond, the court document says.

Briere delivered a letter saying his application for a business
licence was denied in part because "the retail sale of cannabis is not
lawful and the applicant does not have and cannot obtain the requisite
approval from the federal government for the business."

When Litt saw that Mary Jane's was open by Sept. 14, he sent a letter
demanding that the dispensary be closed with 21 days.

Abbotsford is also seeking "special costs" from Briere to cover the
expense of the court application.
- ---
MAP posted-by: Matt