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An Alberta man convicted of growing marijuana to ease his multiple sclerosis symptoms is entitled to new trial, the Supreme Court of Canada ruled, saying a provincial judge abused his power.
Grant Krieger was convicted in 2003 after Alberta Queens Bench Judge Paul Chrumka ordered jurors to find him guilty because Krieger admitted growing the illegal plants. The Alberta Court of Appeal upheld the conviction in a split decision.
The trial judge usurped the jury's function,'' Canada's highest court said today in a unanimous 15-page ruling. ``In a trial by judge and jury, the verdict must be that of the jury, not the judge.''
Two members of Krieger's jury had objected to Chrumka that their consciences wouldn't allow them to convict. Canadians, while permitted to use marijuana for medicinal purposes, aren't allowed to grow the plants or supply them to others. Krieger said he did both out of necessity.
I believe that I could not live with myself if I was part of a conviction of this man,'' juror No. 8 told Chrumka, according to a transcript in the Supreme Court's decision.
The juror and another asked to be excused. Chrumka denied the request, ordered them to continue deliberations and return with a guilty verdict. The appeals court ruled 2-1 that a new trial was unnecessary because Krieger would be convicted again.
The case is Grant Wayne Krieger v Her Majesty the Queen, Supreme Court of Canada (Ottawa), Case No. 30950.
NewsHawk: _qWERTY - 420 Magazine
Source: Bloomberg.com (Alberta, Canada)
Pubdate: Thursday, October 26, 2006
Copyright: 2006 Bloomberg L.P.
Contact: jschneider5@bloomberg.net
Website: Bloomberg.com
Grant Krieger was convicted in 2003 after Alberta Queens Bench Judge Paul Chrumka ordered jurors to find him guilty because Krieger admitted growing the illegal plants. The Alberta Court of Appeal upheld the conviction in a split decision.
The trial judge usurped the jury's function,'' Canada's highest court said today in a unanimous 15-page ruling. ``In a trial by judge and jury, the verdict must be that of the jury, not the judge.''
Two members of Krieger's jury had objected to Chrumka that their consciences wouldn't allow them to convict. Canadians, while permitted to use marijuana for medicinal purposes, aren't allowed to grow the plants or supply them to others. Krieger said he did both out of necessity.
I believe that I could not live with myself if I was part of a conviction of this man,'' juror No. 8 told Chrumka, according to a transcript in the Supreme Court's decision.
The juror and another asked to be excused. Chrumka denied the request, ordered them to continue deliberations and return with a guilty verdict. The appeals court ruled 2-1 that a new trial was unnecessary because Krieger would be convicted again.
The case is Grant Wayne Krieger v Her Majesty the Queen, Supreme Court of Canada (Ottawa), Case No. 30950.
NewsHawk: _qWERTY - 420 Magazine
Source: Bloomberg.com (Alberta, Canada)
Pubdate: Thursday, October 26, 2006
Copyright: 2006 Bloomberg L.P.
Contact: jschneider5@bloomberg.net
Website: Bloomberg.com
