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Judge Sets Aside Bail Conditions For The Sake Of Love
Pubdate: Tue, 30 Aug 2005
Source: Vancouver Sun (CN BC)
b-4ee2-9895-76f23dc0bc5c
Copyright: 2005 The Vancouver Sun
Contact: http://www.canada.com/vancouver/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Ian Mulgrew
JUDGE SETS ASIDE BAIL CONDITIONS FOR THE SAKE OF LOVE
B.C. Supreme Court Judge Selwyn Romilly said Monday he wouldn't stand in the
way of true love or the electoral process and relaxed bail conditions on Don
Briere, convicted drug kingpin, accused marijuana supplier of the infamous
Da Kine Cafe, and pot politician.
Flashing a thumbs up from the prisoner's dock to a handful of supporters,
Briere was ecstatic at the ruling that will allow him to run for Vancouver
city council in November and paves the way for him to see his lover Carol
Gwilt, who also faces drug and money-laundering charges for her role at the
Commercial Drive cafe.
"I can't believe it," he said. "It's great, really great."
As conditions of his release on bail earlier this year while awaiting trial,
Briere was banned from the City of Vancouver except to see his lawyer or
attend court. He was also restricted from seeing several people, including
Gwilt.
They have been separated since their separate arrests last fall.
Romilly initially imposed the conditions on Briere June 6 when he was
granted mandatory release from federal prison, where he was serving a
four-year stretch for marijuana production, money-laundering and weapons
offences.
He was described at the time by the RCMP as one of the biggest drug lords in
Western Canada, managing a network of growing operations that spanned the
province, earning millions of dollars that were washed through a Burns Lake
financial office.
Briere got involved in Da Kine shortly after being released on parole for
those offences, and was returned to jail on his arrest in September.
However, he is also a marijuana activist and politician who has run in two
elections -- the last as the first provincial candidate to run from inside a
federal penitentiary.
His lawyer Richard Levenson told Romilly that Briere wanted the geographic
restriction in his bail conditions relaxed so he could run for council and
he outlined the seriousness with which Briere had conducted his previous
campaigns.
"I thought you couldn't run for office with a prior conviction -- shows you
I'm just right out of the loop," Romilly quipped.
In 2002, the Supreme Court of Canada struck down the law that stripped the
right to vote from inmates sentenced for serious offences, and there now is
no law precluding prisoners from running in an election provided they meet
the normal nomination criteria.
"A noble purpose," Romilly said, dismissing the Crown's objections, "a very
noble purpose indeed. While I'm tempted to maintain my original terms,
because of the purpose for which he wishes to have this term of release
deleted, I'm satisfied the deletion should take place. I'm going to amend my
original order."
With an initial victory in hand, Levenson then asked Romilly if he might
stretch his luck and also have removed the restriction on contact with
Gwilt.
"This is his lover," the judge asked surprised.
"Yes," Levenson said.
"And still his lover?" Romilly prodded.
"That would violate your conditions," Levenson replied lightly.
Romilly had imposed his original order expecting Briere already to have been
tried and the bail conditions by this point moot.
But his trial now is slated to begin next spring.
"[Maintaining the condition] would mean he has to be without his lady love
until next year?" Romilly asked.
Levenson nodded.
"I think the term should be removed," the judge said.
Briere beamed.
He left court to organize his campaign, but he still couldn't call his
sweetie.
Gwilt was as happy as Briere when I called her.
"Oh, God," she repeated several times. "Oh, God, that's just great. You've
got to excuse me, Ian, I've got to go dance."
Before the couple can embrace, provincial court Judge William Kitchen must
agree to repeal the reciprocal restriction of contact he imposed on Gwilt.
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