Pubdate: Fri, 26 Aug 2016
Source: Province, The (CN BC)
Copyright: 2016 Postmedia Network Inc.
Contact:  http://www.theprovince.com/
Details: http://www.mapinc.org/media/476
Author: Keith Fraser
Page: 16

COURT ORDERS DELTA POT SHOP CLOSED FOR VIOLATING LOCAL BYLAWS

The B.C. Supreme Court says a marijuana shop in Delta is in violation
of local bylaws and has ordered it be shut down.

In her ruling granting the Corporation of Delta a permanent injunction
against the WeeMedical Dispensary Society, Justice Shelley Fitzpatrick
found the store lacked a business licence and contravened zoning bylaws.

The judge noted although the federal government has indicated it
intends to bring in new marijuana laws, the operation of a medical
marijuana retail dispensary as run by WeeMedical is currently not
allowed under criminal law.

"I have no idea where the federal government is in that process," said
the judge. "It appears to be moving in that direction, but when it
might get to that point is anyone's guess. Further, it is as yet
unknown what any new legal regime will look like."

Court heard WeeMedical, which has 23 marijuana dispensaries across
Canada, including 13 in B.C., opened for business in Delta in April
and applied for a business licence in May, but was refused. It applied
for a reconsideration of the decision by Delta council, but was again
refused.

Delta, which also argued the shop was in contravention of a zoning
bylaw requiring medical marijuana production be limited to premises on
the Agricultural Land Reserve, issued various offence notices and
tickets to WeeMedical. As of June 1, fines amounting to $11,900 had
been issued. The fines are being appealed, according to the ruling.

A director with the society pointed out in court some of the B.C.
jurisdictions where WeeMedical also operates have not taken the same
position as Delta, including Vancouver, where city council is
regulating such operations rather than banning them. The judge noted
the director was frank in admitting she wanted to "push the envelope"
and maybe push the federal legislative agenda along.

"That is a decision that WeeMedical has certainly taken, but at the
end of the day our laws are created through the democratic process,"
said the judge in an eight page ruling.

"They are created by Parliament in Ottawa, in Parliament in Victoria
and ultimately in Delta's city council chambers. Until such time as
changes are made by those democratic bodies, I must enforce the law as
is currently in place."

The judge granted Delta a permanent statutory injunction that
restrains WeeMedical from operating. Fitzpatrick said while she was
hopeful WeeMedical would cease and desist any further breaches of the
bylaws, there was nothing that gives her any assurance or comfort it
will do so.

Accordingly, the judge said it was appropriate to add an enforcement
clause to the order, notifying WeeMedical and its agents, servants and
employees of the injunction within 24 hours. The judge gave her ruling
orally Aug. 8 and the ruling was posted on the court's website Thursday.

An employee at the store referred any questions to her boss, who said:
"Obviously we don't agree with it. I should definitely call you back.
I want to talk to my partners before I say too much."
- ---
MAP posted-by: Matt