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Marijuana seized from a Cramahe Township home last October was
destroyed by Northumberland OPP officers in late January, The
Independent learned last week. In early January, several men who
claimed a right to the marijuana as medicine were told it could not
be released to them because it was needed as evidence in the trial of
Dianne Bruce, and they should reapply for release of the marijuana in
February.
Bruce said she accompanied Marc Paquette to a Cobourg court on
February 4, two days before she appeared in Brighton court to face
charges stemming from an October raid on her Cramahe home. Bruce
claims her company, Lady Dyz Helping Hands, was growing marijuana
legally for more than 40 people "exempted" from prosecution for
growing or possessing marijuana under Section 56 of Canada's
Controlled Drugs and Substances Act (CDSA).
Paquette was one of the forty exemptees who counted on Bruce for his
"medicine." When Bruce was arrested October 19, her marijuana plants
and products were seized by Northumberland Combined Forces Drug Squad
officers, leaving Paquette with no "legal" source of supply.
During an October 29 bail hearing for Bruce in Cobourg, her lawyer,
David McCaskill, advised Justice of the Peace P. McHenry that
Paquette was present in her court, and prepared to file a motion
under Sec. 24 of the CDSA for the return of "medicine" he claimed
belonged to several exemptees.
"I want Your Worship to be aware that motions will be filed and they
will play some part in the submissions I have to make down the road,"
McCaskill said at that time. "=85the applications under Section 24 for
return will cover all of the marijuana seized from Ms. Bruce's
residence."
Paquette travelled to Cobourg from his home in Hawkesbury, four days
after appearing in Federal Court in Ottawa to file similar motions. A
judge of that court advised Paquette, and exemptees Robert Neron and
Donald Appleby, to file motions in Cobourg because it was the proper
jurisdiction for the Bruce case.
After hearing arguments from Special Crown Prosecutor Doug Mann,
Justice McHenry refused to hear Paquette's motion, referring him to a
provincial court in Cobourg.
Paquette returned to Cobourg on January 7, accompanied by Neron,
Appleby, and five other exemptees for whom Bruce had been growing
specific types of marijuana. They appeared before Justice Rhys
Morgan, and were told to make their claim for return of the marijuana
after Bruce had her preliminary hearing February 6. Mann was in court
when Justice Morgan gave his direction to the exemptees.
Acting on "a hunch," Paquette appeared before Justice Morgan on
February 4, again asking the court to release about 11 kilograms of
the seized herbs to "us sick people." That's when Mann advised
Justice Morgan that all plant products seized during the Bruce raid
had been destroyed in late January.
"Doug Mann told the court the marijuana could not be released, even
if Justice Morgan supported Marc and the other guys, because the OPP
had burned it a couple of weeks before," Bruce said.
Bruce's case is now remanded to March 25, and she is "upset" that
Mann, and police, ignored a plea for help from her "sick and dying"
friends.
"(Mann) was there for my bail hearing, and he was there on January 7,
so he can't say he didn't know these exemptees were trying to get
their medicine back," she said. "He knew it, and he let the cops burn
(the marijuana) anyway."
Part Three of the CDSA deals with disposal of controlled substances.
It states applications for the legal return of seized drugs must be
made within 60 days of the seizure. Subsection 25 clearly states that
drugs may be ordered destroyed only if they are "not required for
trial =85 or other proceeding under this Act or any other Act of
Parliament."
Subsection 21 of the CDSA advises police to "seek directions from the
Minister (Health Canada) respecting the disposal of, or otherwise
dealing with, the controlled substance."
Paquette said he "pleaded" with Justice Morgan to release the
marijuana to exemptees, rather than putting them "in danger from
buying our medicine from drug dealers." He made frequent requests to
have the drugs returned to him, Neron, and Appleby immediately,
because police in Canada "have a habit" of destroying medical
marijuana, he said.
"We are sick people, we are not criminals," Paquette said. "Health
Canada gave us the right to have marijuana, and then the police, they
come and take it away. It makes me very angry."
Detective Constable Kelly Mason, lead investigator in the Bruce case,
told The Independent all questions regarding the investigation had to
go through Mann.
Contacted at his Barrie office, OPP Staff Sergeant Rick Barnum
(Supervisor of Drug Squad operations), could not confirm the Bruce
marijuana had been destroyed.
"I'm not (in Northumberland County) so I can't confirm the marijuana
seized from Dianne Bruce was destroyed," Barnum said, "but that would
be the usual procedure in such cases."
Barnum said approval for destruction of the seized drugs would have
to be obtained from the (federal) Minister of Health prior to
disposal.
"If that marijuana has been destroyed, we would have received
permission to do so from the Minister," he said.
Newshawk: Steven Bacon
Pubdate: Wed,Mar.6th,2002
Sourse: The Independent
Author: Tom Philp
destroyed by Northumberland OPP officers in late January, The
Independent learned last week. In early January, several men who
claimed a right to the marijuana as medicine were told it could not
be released to them because it was needed as evidence in the trial of
Dianne Bruce, and they should reapply for release of the marijuana in
February.
Bruce said she accompanied Marc Paquette to a Cobourg court on
February 4, two days before she appeared in Brighton court to face
charges stemming from an October raid on her Cramahe home. Bruce
claims her company, Lady Dyz Helping Hands, was growing marijuana
legally for more than 40 people "exempted" from prosecution for
growing or possessing marijuana under Section 56 of Canada's
Controlled Drugs and Substances Act (CDSA).
Paquette was one of the forty exemptees who counted on Bruce for his
"medicine." When Bruce was arrested October 19, her marijuana plants
and products were seized by Northumberland Combined Forces Drug Squad
officers, leaving Paquette with no "legal" source of supply.
During an October 29 bail hearing for Bruce in Cobourg, her lawyer,
David McCaskill, advised Justice of the Peace P. McHenry that
Paquette was present in her court, and prepared to file a motion
under Sec. 24 of the CDSA for the return of "medicine" he claimed
belonged to several exemptees.
"I want Your Worship to be aware that motions will be filed and they
will play some part in the submissions I have to make down the road,"
McCaskill said at that time. "=85the applications under Section 24 for
return will cover all of the marijuana seized from Ms. Bruce's
residence."
Paquette travelled to Cobourg from his home in Hawkesbury, four days
after appearing in Federal Court in Ottawa to file similar motions. A
judge of that court advised Paquette, and exemptees Robert Neron and
Donald Appleby, to file motions in Cobourg because it was the proper
jurisdiction for the Bruce case.
After hearing arguments from Special Crown Prosecutor Doug Mann,
Justice McHenry refused to hear Paquette's motion, referring him to a
provincial court in Cobourg.
Paquette returned to Cobourg on January 7, accompanied by Neron,
Appleby, and five other exemptees for whom Bruce had been growing
specific types of marijuana. They appeared before Justice Rhys
Morgan, and were told to make their claim for return of the marijuana
after Bruce had her preliminary hearing February 6. Mann was in court
when Justice Morgan gave his direction to the exemptees.
Acting on "a hunch," Paquette appeared before Justice Morgan on
February 4, again asking the court to release about 11 kilograms of
the seized herbs to "us sick people." That's when Mann advised
Justice Morgan that all plant products seized during the Bruce raid
had been destroyed in late January.
"Doug Mann told the court the marijuana could not be released, even
if Justice Morgan supported Marc and the other guys, because the OPP
had burned it a couple of weeks before," Bruce said.
Bruce's case is now remanded to March 25, and she is "upset" that
Mann, and police, ignored a plea for help from her "sick and dying"
friends.
"(Mann) was there for my bail hearing, and he was there on January 7,
so he can't say he didn't know these exemptees were trying to get
their medicine back," she said. "He knew it, and he let the cops burn
(the marijuana) anyway."
Part Three of the CDSA deals with disposal of controlled substances.
It states applications for the legal return of seized drugs must be
made within 60 days of the seizure. Subsection 25 clearly states that
drugs may be ordered destroyed only if they are "not required for
trial =85 or other proceeding under this Act or any other Act of
Parliament."
Subsection 21 of the CDSA advises police to "seek directions from the
Minister (Health Canada) respecting the disposal of, or otherwise
dealing with, the controlled substance."
Paquette said he "pleaded" with Justice Morgan to release the
marijuana to exemptees, rather than putting them "in danger from
buying our medicine from drug dealers." He made frequent requests to
have the drugs returned to him, Neron, and Appleby immediately,
because police in Canada "have a habit" of destroying medical
marijuana, he said.
"We are sick people, we are not criminals," Paquette said. "Health
Canada gave us the right to have marijuana, and then the police, they
come and take it away. It makes me very angry."
Detective Constable Kelly Mason, lead investigator in the Bruce case,
told The Independent all questions regarding the investigation had to
go through Mann.
Contacted at his Barrie office, OPP Staff Sergeant Rick Barnum
(Supervisor of Drug Squad operations), could not confirm the Bruce
marijuana had been destroyed.
"I'm not (in Northumberland County) so I can't confirm the marijuana
seized from Dianne Bruce was destroyed," Barnum said, "but that would
be the usual procedure in such cases."
Barnum said approval for destruction of the seized drugs would have
to be obtained from the (federal) Minister of Health prior to
disposal.
"If that marijuana has been destroyed, we would have received
permission to do so from the Minister," he said.
Newshawk: Steven Bacon
Pubdate: Wed,Mar.6th,2002
Sourse: The Independent
Author: Tom Philp