THURSDAY
K A M L O O P S
THIS WEEK
Thursday, May 22, 2014 X Volume 27 No. 60 www.kamloopsthisweek.com X 30 cents at Newsstands
CROWN DROPS CHARGES AGAINST POT DISPENSARY By Tim Petruk
STAFF REPORTER
tim@kamloopsthisweek.com
Carl Anderson was arrested in November 2011 outside his Canadian Safe Cannabis Society storefront on Tranquille Road. The Kamloops RCMP raid and subsequent charges ended in the criminal counts against Anderson and Wesley Jenkins being dropped by Crown yesterday. Crown cited the “relatively small” amount of marijuana seized and the fact Anderson and Jenkins were selling to people with licences or references from physicians as factors in its decision. KTW file photo
Charges against the owner of a Kamloops marijuana dispensary that was raided by police in 2011 have been dropped by the Crown — a move the accused’s lawyer said is designed to stop a constitutional challenge of Canada’s pot laws that was slated to take place later this year. In Kamloops provincial court on Wednesday, May 21, federal Crown prosecutor Lesley Ann Kilgore stayed all counts against Carl Anderson and Wesley Jenkins. “I think they were in a bind,” said Shawn Buckley, the defence lawyer representing Anderson. “They realized we were going to get a strong decision from the court.” Anderson and Jenkins were charged with possession of a controlled substance following the November 2011 raid of Anderson’s Canadian Safe Cannabis Society storefront on Tranquille Road. In April, a provincial court judge ruled Buckley’s challenge of the constitutionality of Canada’s pot laws could proceed. In court on Wednesday, Kilgore said the decision to drop the charges
was based on two factors — the likelihood of conviction and public interest. “Prior to this decision being made, consultation with the various agencies involved in this prosecution has occurred and we have taken into account the specific circumstances of this case and the changing landscape of the law in relation to medical marijuana resulting from ongoing litigation before our higher courts,” she said, specifically referencing the “relatively small” amount of marijuana seized and the fact Anderson and Jenkins were selling to people with licences or references from physicians. “We, therefore, have concluded that it is no longer in the public interest to pursue this prosecution and direct a stay of proceedings.” Now that the Crown has stayed all charges, Anderson’s challenge — which would have been under Section 52 of the Constitution Act — has no way of proceeding. Section 52 states: “The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.” X See LAWYER A5
Kamloops teachers to strike on Wednesday, May 28 By Dale Bass
STAFF REPORTER
dale@kamloopsthisweek.com
Kamloops teachers will be walking picket lines on Wednesday, May 28, as part of rotating strikes in the province for four days. Jim Iker, president of the B.C. Teachers’ Federation (BCTF), announced the plan — phase 2 in job action — on Tuesday, May 20. The move has thrown into limbo the Kamloops-Thompson school district’s annual track and field meet and district honours reception, both scheduled for May 28. It’s also the day the administration is scheduled to run its payroll and do accounts payable. Assistant superintendent Karl deBruijn said administration will have to review what it can postpone or move up and assess
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the best way to deal with the strike. “But, I just got back from doing supervision and haven’t had time to get to it yet,” deBruijn told KTW. The current phase 1 job action by the BCTF involves teachers refusing to do out-of-classroom supervision or communicate with administration in writing, which has led to administration being on playgrounds to supervise kids at recess and lunch. Phase 1 job action has also led to cancellation of recess in
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some school districts, but not Kamloops-Thompson. DeBruijn, noting the strike will cause disruption for many families, said the district will provide information to parents as soon as it can. Iker said the government’s offer of a $1,200 signing bonus last week wasn’t enough and included what he called a threat to deduct five per cent of teachers’ wages if the current job action doesn’t end and 10 per cent if there are strikes. Iker said government’s stance did not bring the two sides any closer to an agreement. “It was disrespectful and unnecessary,” he said as he reiterated the union’s position that more pay, more teachers and a return to contract language guaranteeing class size and specialneeds support are needed to reach a settlement. X See UNION A4